1328 Amendments of Catherine STIHLER
Amendment 48 #
2018/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the mandate given by the European Council to the High Level Forum for a Better Functioning Food Supply Chain to address the issue of dual quality; encourages Member States and their competent authorities to actively participate in ongoing initiatives, including the development of a common methodology and collection of further evidence; Stresses the need for active involvement of parties representing consumers' interests, including representatives of consumer organizations and research organizations that have conducted product tests in Member States; Regrets that the European Parliament has been neither involved nor properly informed of the progress made so far;
Amendment 85 #
2018/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. EDraws attention to the fact that according to Guidance on the application of UCPD from 2016: “goods of the same brand and having the same or similar packaging may differ as to their composition depending on the place of manufacture and the destination market, i.e. they may vary from one Member State to another. Under the UCPD, commercial practices marketing products with a different composition are not unfair per se”; emphasises the importance of the guidance documents issued by the Commission in facilitating proper and coherent application of the UCPD; calls, therefore, on the Commission to clarify the relationship between the Notice and, the guidance; and the paper drafted by the HLF Internal Market Subgroup;
Amendment 92 #
2018/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes that the Commission invites competent authorities to perform market tests that involve product comparisons across different regions and countries; highlights, however, that according to the Commission, such tests should be carried out with a common testing approach which has not been adopted yet; Stresses the need to stick to the timetable so that the results of the testing carried out under a common testing approach are made available and analysed by end of this year;
Amendment 102 #
2018/2008(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Underlines that counterfeiting of branded products exposes consumers to health and safety risks, undermines consumer confidence in the brands and leads to loss of revenue for producers; Notes that range of counterfeit products recovered in the EU remains broad and includes nearly all types of goods;
Amendment 105 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that according to the Commission, studies made on brand loyalty demonstrate that brands act in the mind of consumers as a certificate for a controlled and constant quality; agrees with the Commission that this explains why some consumers may expect branded products to be of equivalent quality if not exactly the same wherever and whenever purchased and brand owners to inform them when they decide to change any important element of the composition of their products; considers therefore, that the provision of any additional information, although in the principal field of vision of a package, is insufficient unless the consumer clearly understands that the product in question differs from products of a same brand sold in another Member States;
Amendment 108 #
2018/2008(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Takes note of the arguments that products may differ due to regional consumer preferences; Believes that consumer preferences should not be used as an excuse for lowering quality and/or offering different quality grades on different markets; stresses that consumers must be transparently informed and aware of this adjustment for each individual product and not only in general terms, that this "established practice" exists;
Amendment 111 #
2018/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that national competent authorities can select samples and perform tests only on the territory of their Member State; stresses the importance, therefore, of enhanced, effective and transparent cooperation between national consumer protection and food authorities and the Commission; welcomes the adoption of the revised Consumer Protection Cooperation Regulation11that strengthens investigation and enforcement powers, improves information and data exchange and access to any relevant information and establishes harmonized rules setting out the procedures for the coordination of investigation and enforcement measures in this regard; _________________ 11 Regulation (EU) 2017/2394; OJ L 345, 27.12.2017, p. 1.
Amendment 118 #
2018/2008(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the usefulness of the sweeps as important form of enforcement coordination carried out under the CPC Regulation and calls on the Commission and Member States to further strengthen them and broaden their scope;
Amendment 119 #
2018/2008(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is convinced, that in case a company intends to place on the market of different Member States product that differs in certain characteristics, such a product cannot be labelled and branded in a seemingly identical manner;
Amendment 123 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition and quality and its changes;
Amendment 142 #
2018/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for the increased support of national consumer organizations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
Amendment 150 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level, also due to absence of an explicit legal provision on EU level;
Amendment 182 #
2018/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises that the outcome of the legislative process should be a clear definition of what can be considered as dual quality and how each case should be assessed and addressed by competent authorities;
Amendment 68 #
2018/0254(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Fund should support industry best practice in corporate governance and procurement practices. This should include the possibility for anonymous and confidential whistleblowing, through hotlines operated by third parties and with procedures in place to prevent retaliation. The award procedure should reflect these corporate governance standards with the goal of raising corporate accountability standards in the European defence sector.
Amendment 83 #
2018/0254(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Fund will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives by including the environmental impact reduction as a goal and award criteria for the Fund. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of its mid-term evaluation.
Amendment 85 #
2018/0254(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
Amendment 106 #
2018/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The Fund shall be open to the European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement. The Fund shall also be open to countries with which the EU has signed a security treaty including on defence industry collaboration.
Amendment 111 #
2018/0254(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Entities participating in the action shall demonstrate to the Commission that they have robust corporate governance standards including anonymised whistleblowing channels operated by a third party. Entities, or their senior executives, which have been found guilty of a criminal offence in a court of law may be barred from applying to the Fund for a period of no less than 36 months starting on the date of criminal conviction.
Amendment 125 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity mayshall be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notably that:
Amendment 138 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. For the purpose of this Article, subcontractors means subcontractors with a direct contractual relationship to a beneficiary, other subcontractors to which at least 10% of the total eligible costs of the action is allocated, and subcontractors which may require access to highly classified information according to Commission Decision (EU, Euratom) 2015/444 in order to carry out the action.
Amendment 163 #
2018/0254(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(e a) contribution to reducing the environmental impact of defence products, providing innovative solutions enabling the phase out of environmentally harmful substances where possible;
Amendment 165 #
2018/0254(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(f a) appropriate transparency and accountability provisions among contractors and sub-contractors shall be considered one of the criteria;
Amendment 174 #
2018/0254(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The results of actions receiving support from the Fund shall not be subject to any control or restriction by non- associated third countries or by non- associated third country entities, directly or indirectly through one or more intermediate legal entities, including in terms of technology transfer unless this is justified by inclusion of a non-associated third country entity where there is no EU entity alternative.
Amendment 182 #
2018/0254(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall be assisted by a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency shall be invited as an observer to provide its views and expertise. The European External Action Service shall also be invited to assist. The European Parliament may select a representative group of Members to assist the committee.
Amendment 186 #
2018/0254(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, non governmental organisations, universities, business associations or enterprises of the defence sector with a view to establishing a list of experts that is gender balanced. By derogation from Article [237] of the Financial Regulation, this list shall not be made public.
Amendment 198 #
2018/0254(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Where a Member State or undertaking invokes national security as a reason for withholding information from OLAF where there is a risk of fraud or other unlawful activity, the national security concerns shall be interpreted strictly.
Amendment 112 #
2018/0090(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be recognised that consumers increasingly rely on online platforms to make informed decisions about goods and services they may wish to purchase. As the consumer is in a weaker position than a business, in particular in case of online shopping, this reliance should be reflected by imposing legal liability upon the operators of an online marketplace if they fail to remove misleading information provided by traders once they have been notified by a supplier.
Amendment 113 #
2018/0090(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) It should be noted that comparison websites do not necessarily rank and display products objectively by price and quality and that consumers may not be aware that online platform operators may receive payment in order to give undue prominence to a particular product or service. As a result, national regulatory bodies should monitor sectors where consumers tend to use comparison websites and undertake research to ascertain whether consumers' understanding of marketplace rankings is accurate. In the event that there are discrepancies then sector-specific action should be undertaken.
Amendment 114 #
2018/0090(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Article 15(1) of Directive 2000/31/EC45, online marketplaces should not be required to verify the legal status of third party suppliers. Instead, the online marketplace should require third party suppliers of products on the online marketplace to indicate their status as traders or non- traderOnline marketplaces should be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There should be an adequate level of protection consistent with the nature of the goods for the purposes of consumer law and to provide thservices sold and any actual evidence of harm aris information to the online marketplace. __________________ 45 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1)g from the sale. Specifically, they should monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers' choices and expectations of the quality of the product or service they are purchasing.
Amendment 284 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Using different techniques that allow buying tickets at large scale, including through automated software, to resell event tickets for more than their face value.”
Amendment 289 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2005/29/EC
Annex I – point 23 b (new)
Annex I – point 23 b (new)
(6b) In Annex I, the following point is inserted: “23b. The organised resale of tickets where restrictions – including restrictions set out in terms and conditions – imposed by event organisers or primary ticket sellers do not allow the resale of tickets or restrict the resale of tickets in a way that could or likely could render the function of the ticket of granting access to events ineffective.”
Amendment 291 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2005/29/EC
Annex I – point 23 c (new)
Annex I – point 23 c (new)
(6c) In Annex I, the following point is inserted: “23c. Informing about a price reduction without indicating the reference price from which the reduction was made and without being able to prove the correctness of this reference price in the 30 days preceding this announcement.”
Amendment 293 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 d (new)
Article 1 – paragraph 1 – point 6 d (new)
Directive 2005/29/EC
Annex I – point 23 d (new)
Annex I – point 23 d (new)
(6d) In Annex I, the following point is inserted: “23d. Online advertising of unhealthy food to children. Whether food is unhealthy should be assessed by taking into account the WHO Regional Office for Europe nutrient profile model from 2015.”
Amendment 354 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the operator of an online marketplace shall be liable for damages arising from a failure to take reasonable steps to remove misleading information from the website after receiving notification of the misleading information by users.
Amendment 376 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article is inserted: “Article 6b Monitoring requirements on online marketplace operators Online marketplace operators shall be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There shall be an adequate level of protection consistent with the nature of the goods or services sold and any actual evidence of harm arising from the sale. Specifically, operators shall monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers’ choices and expectations of the quality of the product or service they are purchasing.”
Amendment 2 #
2017/2278(INI)
Motion for a resolution
Recital A
Recital A
A. whereas over 250 000 public authorities in the Union spend around 14 % of GDP, namely nearly 2,000 billion euros each year on the purchase of services, works and supplies;
Amendment 3 #
2017/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public procurement involves the spending of a considerable amount of taxpayers’ money, meaning that taxpayers expect this procurement to be carried out with transparency and integrity in the most efficient way, in terms of both costs and quality delivered, in order to provide quality goods and services to citizens;
Amendment 4 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 5 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas public procurement is a strategic tool used to reach the EU’s goals of green and socially inclusive growth;
Amendment 7 #
2017/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 17 #
2017/2278(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 18 #
2017/2278(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is of crucial importance that suppliers trust that the Union’s public procurement systems offer simple and accessible, digital procedures, full transparency, integrity and security of data;
Amendment 27 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States;
Amendment 38 #
2017/2278(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to propose compulsory green public procurement procedures; considers that goods as services, reused, repaired, remanufactured, refurbished and other sustainable and resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should apply;
Amendment 45 #
2017/2278(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 58 #
2017/2278(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on regional and local authorities to establish a procurement strategy which defines how the procurement plans of the authority, within a timeframe of the upcoming five years, will support the strategic goal of green and socially inclusive growth; calls upon Union institutions, Member States and central and local government authorities to ensure that contracting authorities have a comprehensive procurement strategy in place and it is carried out at the level of each procurement entity; as part of this process public hearings and consultations with the end users of products and services should be arranged;
Amendment 73 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them; calls on Member States to ensure that the judicial remedy of persons with disabilities is guaranteed in public procurement processes that directly impact them;
Amendment 75 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the adoption of a European Code of Ethics for Public Procurement for the various actors in the procurement process, in particular to ensure compliance with social and environmental standards;
Amendment 78 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines the importance of establishing a transparent dialogue with civil society, including trade unions and representatives of disabled people, with the aim of creating better analytical tools to develop policies that correspond to the real needs of society;
Amendment 90 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 110 #
2017/2278(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Agrees with the Commission that publicly available contract registers can be a cost-efficient tool for managing contracts, for improving transparency, integrity and data, and for better governance of public procurement;
Amendment 112 #
2017/2278(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 114 #
2017/2278(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that all Member States should be in a position to provide all necessary data on public procurement implementation, including data on tenders, procedures and contracts and statistical information, also in order to enable the Commission to assess the single market on procurement;
Amendment 121 #
2017/2278(INI)
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 140 #
2017/2278(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; stresses the need to clearly recognise new qualifications acquired by creating a common European framework of technical and computer skills;
Amendment 141 #
2017/2278(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 30 #
2017/0237(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. __________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 43 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 51 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainand providing adequate capacity for the carriage of bicycles on board all types of trains, including on long-distance services and cross-border journeys.
Amendment 59 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets. In this respect, wthenever possibley should also cooperate with ticket vendors providing combined journeys.
Amendment 71 #
2017/0237(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should in particular be taken into account in such an event.
Amendment 85 #
2017/0237(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. , and to provide the option for passengers of binding alternative dispute resolution, in line with Directive 2013/11/EU1b.Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation 524/2013/EU1c where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and the Regulation should continue to be listed in the Annex to the revised Consumer Protection Cooperation Regulation 2017/2394/EU 1d. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways. __________________ 1b1b Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14). 1c1c Regulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p.1). 1d1d Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 86 #
2017/0237(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher.
Amendment 87 #
Amendment 88 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 94 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 96 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 98 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 99 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 operating, stopping, travelling, departing or arriving within the territory of the Union. __________________ 29 OJ L 343, 14.12.2012, p. 32.
Amendment 116 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
Amendment 120 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 125 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
Amendment 127 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 132 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 137 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 140 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011, whether assembled or not, free of charge on board the train, all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles.
Amendment 150 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 153 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. __________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 156 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 159 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 162 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies and in writing where possible. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats shall be clearly advertised.
Amendment 174 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 182 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings, tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale:
Amendment 185 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) Member States may provide that railway undertakings, tour operators and ticket vendors shall provide tickets for services provided under public service contracts through more than one point of sale.
Amendment 190 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 191 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 195 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons wiTickets bought on board the train shall not cost more than the reduced mobility shall be permitted to buy tickets on board the train at no extra costlevant standard fare for the journey concerned with any applicable discounts.
Amendment 206 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 210 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 6045 minutes, the passenger shall immediately have the choice between one of the following :
Amendment 214 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 218 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 226 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 228 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 229 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking, tour operator or ticket vendor. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 236 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket5.
Amendment 238 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if the isy are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 6045 minutes.
Amendment 242 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 250 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 251 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 254 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost ;
Amendment 256 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 259 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 261 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 263 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a (3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 267 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
Amendment 270 #
2017/0237(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 273 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 278 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 283 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 287 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 295 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 299 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 301 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage .
Amendment 303 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be equal to the cost of replacement orpaid within one month of submission of a claim and be equal to the cost of replacement based on the actual value, or on the full costs of repair, of the wheelchair, equipment or, devices lost or damaged. or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passenger.
Amendment 307 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 308 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 312 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 313 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 316 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 317 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 321 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility . They shall make their contact details and working language(s) widely known to passengers.
Amendment 324 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 325 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility. This information shall be made freely available in writing upon request in the domestic language of the railway undertaking.
Amendment 333 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a bodyMember States shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this Regulation.
Amendment 335 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar yearthat they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 337 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results inaccessible formats.
Amendment 338 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32 , after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. __________________Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them2a . __________________ 2aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p. 14). 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 339 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 340 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU2b may be made available with the agreement of all parties involved. __________________ 2bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 343 #
2017/0237(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Amendment 358 #
2017/0237(COD)
Proposal for a regulation
Annex II – title
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
Amendment 359 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 1
Annex II – part I – indent 1
- - General conditions applicable to the contract or contracts that form part of the journey or combined journey
Amendment 360 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 2
Annex II – part I – indent 2
- - Time schedules and conditions for the fastest trip and best connections
Amendment 361 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 3
Annex II – part I – indent 3
- - Time schedules and conditions for the lowest and all available fares
Amendment 362 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 5
Annex II – part I – indent 5
- - Access conditionarrangements for bicycles
Amendment 363 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 6
Annex II – part I – indent 6
- - Availability of seats in for all applicable fares in non-smoking (and non-, where applicable, smoking), first and second class as well as couchettes and sleeping carriages
Amendment 364 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 8
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
Amendment 365 #
2017/0237(COD)
Proposal for a regulation
Annex II – part II – indent 1
Annex II – part II – indent 1
- On-board services, including wifi
Amendment 366 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- - percentage of delays of less than 6045 minutes;
Amendment 367 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- - percentage of delays of 60-1145-89 minutes;;
Amendment 368 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
- - percentage of delays of 1290 minutes or more;
Amendment 370 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
(vii) provision of useful information throughout the journey, including in relation to wifi and other on-board services;
Amendment 372 #
2017/0237(COD)
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
(vii) accessibility of station and station facilities., including step-free access, escalators, elevators and luggage ramps
Amendment 373 #
2017/0237(COD)
Proposal for a regulation
Annex IV – paragraph 1
Annex IV – paragraph 1
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
Amendment 375 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 41 #
2017/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The digitisation of the economy is accelerating. Information and Communications Technology (ICT) is no longer a specific sector but the foundation of all modern innovative economic systems and societies. Electronic data is at the centre of those systems and can generate great value when analysed or combined with services and products. At the same time, cybersecurity represents one of the major threats to our societies. Securing network and information systems in the European Union is essential for the further development of the online economy, as well as for ensuring that there is trust in the digital economy as a whole. Consequently, this Regulation and the ENISA Regulation [2017/0225(COD)] need to be fully consistent with one another.
Amendment 46 #
2017/0228(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The freedom of establishment and the freedom to provide services under the Treaty on the Functioning of the European Union apply to data storage or other processing services. However, the provision of those services is hampered or sometimes prevented by certain national or federal requirements to locate data in a specific territory.
Amendment 53 #
2017/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Such obstacles to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national or federal laws of Member States to locate data in a specific geographical area or territory for the purpose of storage or other processing. Other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the Union, such as requirements to use technological facilities that are certified or approved within a specific Member State. Legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data storage or other processing.
Amendment 59 #
2017/0228(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to create a framework for the free movement of non-personal data in the Union and the foundation for developing the data economy and enhancing the competitiveness of European industry in compliance with European data protection rules, it is necessary to lay down a clear, comprehensive and predictable legal framework for storage or other processing of data other than personal data in the internal market. A principle-based approach providing for cooperation among Member States as well as self-regulation should ensure that the framework is flexible so that it can take into account the evolving needs of users, providers and national authorities in the Union. In order to avoid the risk of overlaps with existing mechanisms and hence to avoid higher burdens both for Member States and businesses, detailed technical rules should not be established.
Amendment 65 #
2017/0228(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The legal framework on the protection of natural persons with regard to the processing of personal data, in particular Regulation (EU) 2016/67930, and Directive (EU) 2016/68031 and Directive 2002/58/EC32s well as the legal framework on the respect for private life and the protection of personal data in electronic communications, in particular Directive 2002/58/EC32 to be repealed by new regulation 2017/003 (COD)32a should not be affected by this Regulation. _________________ 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 31 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89). 32 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 32aRegulation of the European Parliament and the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC.
Amendment 68 #
2017/0228(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation should not apply to the storage or other processing of electronic data in the case of any intermixture of non-personal data and personal data, or in the case of any combination of non-personal data that could lead to personal data or to identify a person.
Amendment 78 #
2017/0228(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Whereas data that is neither personal nor non-personal does not exist by definition, new technological advancements in big data analytics have opened up for the possibility to turn anonymised non-personal data into personal data by comparing and aggregating large quantities of non- personal data. In this case, the line between personal data and non-personal data is not fixed but rather depends upon technological developments and new uses of technologies. In these instances, where non-personal data has become personalised, the data should be treated as such and the provisions laid down in Regulation (EU) 2016/679 should apply accordingly.
Amendment 82 #
2017/0228(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The growing availability of Internet of Things (IoT) and the development of machine learning and Artificial Intelligence (AI) goes hand in hand with the proliferation of devices that collect non-personal data. These new technologies are already used in farm productivity, translation, manufacturing robots and navigation systems among others. However, data collected within certain industries could contain both personal and non-personal data and should be treated under the Regulation (EU) 2016/679 and this regulation respectively.
Amendment 83 #
2017/0228(COD)
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) The Commission should provide clear and easily accessible guidelines on the legal treatment of mixed data sets in order for especially SMEs to handle the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 88 #
2017/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they are justified based on the grounds of public security, as defined by Union law, in particular Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. Regardless of this data storage or other processing of authorities and political bodies of national or federal governments and parliaments should be always considered to be justified for grounds of public security. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States should not be able to invoke justifications other than public security.
Amendment 93 #
2017/0228(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of ‘public security’, is understood within the meaning of Article 52 of the TFEU and as interpreted by the European Court of Justice. The concept of ‘public security’ covers both the internal and external security of a Member State. Public security presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as by risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk of military interest.
Amendment 102 #
2017/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, in order to eliminate potential existing barriers, during a transitional period of 12 months, Member States should carry out a review of existing national or federal data localisation requirements and notify to the Commission, together with a justification, any data localisation requirement that they consider being in compliance with this Regulation. These notifications should enable the Commission to assess the compliance of any remaining data localisation requirements.
Amendment 124 #
2017/0228(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Security requirements set at national or federal level should be necessary and proportionate to the risks posed to the security of data storage or other processing in the area in scope of the national law in which these requirements are set.
Amendment 128 #
2017/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should periodically review this Regulation, in particular with a view to determining the need for modifications in the light of technological or market developments, especially with regards to the development of artificial intelligence, machine learning, Internet of Things, big data analysis among others.
Amendment 141 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Regulation shall not apply to the storage or other processing of electronic data in the case of any intermixture of non-personal data and personal data, or in the case of any combination of non-personal data that can lead to personal data or to identify a person.
Amendment 142 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In the case of mixed data sets, this Regulation shall apply to the non- personal data part of the set. Where personal and non-personal data are inextricably linked, this Regulation shall apply without prejudice to Regulation (EU) 2016/679.
Amendment 150 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. ‘mixed data set’ means a data set composed of both personal and non- personal data.
Amendment 178 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a competent authority has exhausted all applicable means to obtain access to the datadoes not receive access to the data after having contacted the provider of the data storage or processing service, it may request the assistance of a competent authority in another Member State in accordance with the procedure laid down in Article 7, and the requested competent authority shall provide assistance in accordance with the procedure laid down in Article 7, unless it would be contrary to the public order of the requested Member State.
Amendment 203 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Commission shall ensure that the codes of conduct are developed in close cooperation with all relevant stakeholders, including associations of small and medium-sized enterprises and start-ups, users and providers of cloud services.
Amendment 212 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewsubmit a report to the European Parliament and to the Council on the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals.
Amendment 216 #
2017/0228(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 (new)
Article 7 – paragraph 4 – subparagraph 1 (new)
Amendment 218 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than [53 years after the date mentioned in Article 10(2)], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The Commission shall review the implementation of this Regulation in particular in respect of:
Amendment 223 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a (new)
Article 9 – paragraph 1 – point a (new)
(a) The application of this Regulation to mixed data sets especially taking into account the development of new technologies such as Internet of Things, artificial intelligence, big data analysis and the process of deanonymising data.
Amendment 226 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b (new)
Article 9 – paragraph 1 – point b (new)
(b) The use of the public security exception by Member States as defined in Article 4(1).
Amendment 229 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. By 6 months after the date of publication of this Regulation the Commission shall provide guidelines on the legal treatment of mixed data sets and the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 101 #
2017/0225(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) In light of innovation trends, and the growing accessibility and constantly increasing number of IoT devices in all sectors of society, particular attention must be paid to the security of all and even the simplest of IoT products. Therefore, as certification is a key method for increasing trust in the market and increasing security and resilience, emphasis should be given to IoT products and services in the new EU cybersecurity certification framework, in order to make them less vulnerable and safer for consumers and businesses.
Amendment 109 #
2017/0225(COD)
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) Among the evaluation methods and assessment procedures related to each European cybersecurity certification scheme, ethical hacking, the aim of which is to locate weaknesses and vulnerabilities of devices and information systems by anticipating the intended actions and skills of malicious hackers, should be promoted at Union level.
Amendment 156 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Agency shall promote a high level of awareness of citizens, authorities and businesses on issues related to the cybersecurity.
Amendment 177 #
2017/0225(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) aggregating reports from national and international sources with a view to contribute to establishing common situational awareness;
Amendment 181 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 1 a (new)
Article 8 – paragraph 1 – point a – point 1 a (new)
Amendment 208 #
2017/0225(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Executive Director shall report annually to the European Parliament on the performance of his or her duties or when invited to do so. The Council may invite the Executive Director to report on the performance of his or her duties.
Amendment 233 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. ENISA shall ensure the participation of Member States’ representatives and all important parties concerned with the ICT product group or service in question. This includes parties along the value chains, such as trade unions, traders, retailers, importers, conformity assessment bodies, end-users and others. Business stakeholders including, but not limited to: manufacturers, cybersecurity solution providers, system integrators, security practitioners and asset owners, shall also be involved.
Amendment 245 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. ENISA shall seek to align any candidate cybersecurity certification scheme, prepared pursuant to paragraph 1 of this Article, with relevant internationally recognised standards to the greatest extent possible.
Amendment 275 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g a (new)
Article 45 – paragraph 1 – point g a (new)
(ga) ensure that ICT products and services are developed according to the principle of ‘security by design’, following a risk-based approach depending on the context and severity of the situation as defined in Article 46.
Amendment 286 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. Each scheme shall indicate the assessment methodology or evaluation process that is to be followed for issuing certificates at each assurance level, depending on the intended use and the risk inherent to the ICT products and services under that scheme.
Amendment 394 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to paragraph 3, national cybersecurity certification schemes and the related procedures for the ICT products and services covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant Article 44(4). The Commission shall monitor compliance with this subparagraph, in order to avoid the existence of concurrent schemes. Existing national cybersecurity certification schemes and the related procedures for the ICT products and services not covered by a European cybersecurity certification scheme shall continue to exist.
Amendment 437 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point f a (new)
Article 53 – paragraph 3 – point f a (new)
(fa) to facilitate the alignment of European cybersecurity certification schemes with internationally recognised standards, including by: i) on an ongoing basis, reviewing existing European cybersecurity certification schemes to identify areas in which such schemes should be updated or modified to align with internationally recognised standards; ii) when appropriate, making recommendations to ENISA on areas where it should undertake engagement with relevant international standardisation organisations to address insufficiencies or gaps in available internationally recognised standards;
Amendment 32 #
2016/2010(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the growth in employment opportunities in the parcel delivery sector; underlines the benefits of quality and sustainable jobs in postal and delivery services, including on providing high and consistent standards of service to consumers; calls on the Commission and the Member States to ensure that decent rights for workers in this sector are guaranteed, irrespective of employment status;
Amendment 40 #
2016/2010(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the findings of the Commission’s public consultation on cross-border parcel delivery; notes that the Commission intends to launch measures in 2016 to improve price transparency and enhance regulatory oversight of parcel delivery;
Amendment 41 #
2016/2010(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the potential role of EU funding mechanisms such as Horizon 2020 and the European Structural and Investment Funds in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
Amendment 23 #
2016/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that it is difficult toRecognizes the difficulties and uncertainties in predicting how VCs might develop and to; calls on the Commission for a coherent and comprehensive strategy at the EU level, with the aim of identifying any potential specific longer-term policy responses while not stifling innovation, to avoid the fragmentation and distortion of the Single Market, and to prevent the risks of the VCs, while not stifling innovation; suggests the creation of a horizontal Task Force DLT (TF DLT), under the leadership of the Commission, supporting the relevant public and private actors while evaluating and analysing all the potential evolution of DLT application and VCs, with the final scope of ensuring a timely and well- informed response at the EU level;
Amendment 37 #
2016/2007(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of consumer awareness when using VCs while noting the growing use of VC micropayments foand transparency when using VCs; calls on the Commission, after conline purchases of goods; calls on the VC industry, in cooperation with the Commission and the Member States, to develop voluntary standards and to address the opportunities and challenges of VCs for consumers with the aim ofsulting the Member States and the VC industry, to develop specific EU guidelines with the aim of guaranteeing that a correct, clear and complete information is provided for existing and future VC users, to allow them to make a fully informed choice, thus enhancing the transparency of VC schemes for consumers in terms of how they are organised and operated and how they distinguish themselves from regulated and supervised payment systems,; in terms of consumer protection, in order to allow existing and future VC users to makeparticular, underlines that the consumers and users, before using VCs, shall be informed about the high volatility and informed choicstability of their value.
Amendment 41 #
2016/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to ensure that an adequate level of safeguards and effective remedies are in place for consumers who might face some of the risks linked to the use of VCs, such as hacking, malfunctioning of the software/hardware, scams and fraudulent schemes; calls the Commission to consider the possibility to set up specific, concrete and effective measures at the EU level in order to ensure the users are fully protected and safeguarded in relation to these risks.
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 120 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 125 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 139 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. TIn addition to the uneven application across Member States, the scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamper the development of digitally- supported teaching activities and distance learning. Therefore, the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digitall teaching activities, including online and across borders.
Amendment 141 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collectionscultural heritage for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections of cultural heritage institutions, but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allowOne such challenge is the systematic collection and preservation of works which are not originally published by traditional analogue means, but originate in a digital form (so-called born- digital works). Whereas publishers in member states are typically obliged to provide a reference copy of each published work to certain cultural heritage institutions for archiving purposes, such obligations often do not apply to born-digital works. In the absence of the provision of reference copies by the authors or publishers of born-digital works, cultural heritage institutions should be allowed to make reproductions of born-digital works at their own initiative whenever they are openly available on the Internet, in order to add them to their permanent collections. Cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance, rights clearance, and loans. In view of thoese acts of preservanew challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction.
Amendment 141 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose, as well as organisations such as libraries and other cultural heritage institutions providing non-formal or informal education, to the extent they pursue their educational activity for a non-commercial purpose. In line with the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training 'ET2020', the contribution of informal and non-formal education, alongside formal education, should be recognised and developed in order to deliver the Union's objectives. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 154 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digitall uses of works and other subject- matter, digital or otherwise, such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject- matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including organisations such as libraries and other cultural heritage institutions providing non-formal or informal education, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 160 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC or on licensing agreements covering further uses, are in place in a number of Member States in order to facilitate educational uses of works and other subject-matter. Such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education. Whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross-border teaching activities, the modalities of implementation may differ from a Member State to another, to the extent they do not hamper the effective application of the exception or limitation or cross-border uses. This should allow Member States to build on the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. Any other compensation mechanisms should be limited to cases where there is a risk of unreasonable prejudice to the legitimate interests of rightholders. This mechanism would, for example, allow giving precedence to licences for materials which are primarily intended for the educational market. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes.
Amendment 167 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. Cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance, rights clearance, and loans. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation.
Amendment 170 #
2016/0280(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Different approaches in the Member States for acts of preservaproduction by cultural heritage institutions and educational establishments hamper cross- border cooperation and the sharing of means of preservation by cultural heritage institutions in the internal market, leading to an inefficient. The collections of cultural heritage institutions, if not unique, are likely to be replicated and sit in other institutions, including those in other Member States. It is possible that cultural heritage institutions would also wish to create preservation networks across borders, to use of resources efficiently.
Amendment 177 #
2016/0280(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Member States should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject-matter permanently in their collections for preservation purposesthe purpose of carrying out their public interest mission in preservation, research, education, culture and teaching, for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation. Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number andin any format or medium at any point in the life of a work or other subject-matter and to the extent required in order to produce a copy for preservation purposes onlyfor such reproduction, including via partnerships with other institutions or third parties.
Amendment 181 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or, held on long-term loan or are permanently held by the cultural heritage institution or educational establishment, for example as a result of a transfer of ownership or licence agreements.
Amendment 183 #
2016/0280(COD)
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education, as well as organizations such as libraries and other cultural heritage institutions providing non-formal education to the extent they pursue their educational activity for a non- commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Amendment 187 #
2016/0280(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC, are in place in a number of Member States in order to facilitate cultural heritage institutions and educational establishments to give on site access to works and other subject-matter on the premises. Such arrangements exist as educational establishments and cultural heritage institutions are involved in preserving and giving access to their digital collections on the premises. Digital technologies provide new ways of giving access to those collections on the premises, such as secure WiFi networks and the use of technological protection measures. At the same time, the maturity of digital preservation requires cultural heritage institutions to preserve and give access not just to digitised analogue works and other subject-matter, but also to born- digital materials. Member States should therefore be required to provide for an exception to permit cultural heritage institutions, and educational establishments to give access to all digitised and born-digital collections, as long as such access is limited to access on the premises. Such an exception should allow copies to be delivered on any technology to members of the public while on the premises of the establishment.
Amendment 190 #
2016/0280(COD)
Proposal for a directive
Recital 21 c (new)
Recital 21 c (new)
(21 c) In its ruling in Case C-174/15, Vereniging Openbare Bibliotheken v Stichting Leenrecht32a , the Court of Justice of the European Union recognised that the lending of e-books can fall under the same rules as the lending of physical books. When Member States apply the limitation to copyright in Article 6 of Directive 2006/115/EC of the European Parliament and of the Council32b , libraries are able to buy any physical book on the market. Once purchased, they can lend it without restrictions linked to contract terms or other measures of protection which prevent the exercise of exceptions and limitations to copyright. That provision should also apply to e- books. Moreover, with the objective of ensuring that all citizens of the Union have access to a full selection of books and other resources, all Member States should ensure that the limitation to the exclusive public lending right in Article 6 of Directive 2006/115/EC is made mandatory. _________________ 32aJudgement of the Court of Justice of 10 November 2016, Vereniging Openbare Bibliotheken v Stichting Leenrecht, ECLI:EU:C:2016:856. 32b Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ L 376, 27.12.2006, p. 28).
Amendment 195 #
2016/0280(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination, including across borders, of out-of-commerce works or other subject-matter. However, the particular characteristics of the collections of out-of-commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult. This can be due, for example, to the age of the works or other subject- matter, their limited commercial value or the fact that they were never intended for commercial use to begin with. It is therefore necessary to provide for measures to facilitate the licensing of rights inonline availability of out- of-commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross- border effect in the internal market.
Amendment 198 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licences for out-of-commerce works to extend to the rights of rightholders that are not represented by thecultural heritage institutions to disseminate their out-of-commerce collections, in accordance to their legal traditions, practices or circumstances. However, it is essential that such mechanisms allow rightholders to exclude their works and can include extended collective licensing and presumptions of representation, and limitations and exceptions where no collective management organisation, in accs exist, collective management ordgance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representaisations are unable to achieve sufficient representativity or a collective management organisation is unable to offer adequate licences to cultural heritage institutions for the types of works and other subject-matter held in their collections.
Amendment 200 #
2016/0280(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works. In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms. It is appropriate that Member States consult rightholders, cultural heritage institutions, users and collective management organisations when doing so.
Amendment 202 #
2016/0280(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 204 #
2016/0280(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 209 #
2016/0280(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Information regarding the future and ongoing use of out-of-commerce works and other subject-matter by cultural heritage institutions on the basis of the licensing mechanisms provided for in this Directive and the arrangements in place for all rightholders to exclude the application of licences to their works or other subject- matter should be adequately publicised. This is particularly important when uses take place across borders in the internal market. It is therefore appropriate to make provision for the creation of a single publicly accessible online portal for the Union to make such information available to the public for a reasonable period of time before the cross-border use takes place. Under Regulation (EU) No 386/2012 of the European Parliament and of the Council33 , the European Union Intellectual Property Office is entrusted with certain tasks and activities, financed by making use of its own budgetary measures, aiming at facilitating and supporting the activities of national authorities, the private sector and Union institutions in the fight against, including the prevention of, infringement of intellectual property rights. It is therefore appropriate to rely on that Office to establish and manage the European portal making such information available. _________________ 33 Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1–6).
Amendment 224 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 229 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 235 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 253 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Oonline services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become mainimportant sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it, allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders.
Amendment 267 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholdersy should conclude fair and balanced licensing agreements with rightholders in order to ensure fair and appropriate remuneration, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 270 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 276 #
2016/0280(COD)
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 286 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 290 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) An open Internet and free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 298 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of journalists and publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital usesnews production.
Amendment 307 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 311 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) 'beneficiary' means any individual or entity, public or private, with lawful access to content;
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 324 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 330 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.
Amendment 337 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) 'beneficiary' means any individual or entity, public or private, with lawful access to mined content;
Amendment 339 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) ‘'cultural heritage institution’' means a publicly accessible library, or museum or gallery, an educational establishment, an archive or a film or audio heritage institution, or a public service broadcaster;
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 356 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject- matter to which they have lawful access for the purposes of scientific research.
Amendment 360 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Any contractual provision or technical protection contrary to the exception provided for in paragraph 1 shall be unenforceable.
Amendment 362 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall not be allowed to apply measures to prevent or to hinder beneficiaries from benefiting from the exception provided for in paragraph 1, unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.
Amendment 364 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisationbeneficiaries to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3ext and data mining protocols. Such best practice text and data mining protocols may be harmonised at Union level.
Amendment 366 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for i, allowing for diversity and creation of new content, while stimulating the revenues of the creative sector to grow in the digital environment.
Amendment 371 #
2016/0280(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Use of works and other subject-matter in digital and cross-border teaching activities
Amendment 376 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 378 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions or educational establishments, to make copies of any works or other subject-matter that are permanently in their collections or publicly accessible on the Internet, in any format or medium, forto the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation. extent necessary for such reproduction, for the purpose of, individually or collaboratively with others, carrying out their public interest mission in preservation, research, culture, education and teaching.
Amendment 382 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Any contractual provision contrary to the exception set out in paragraph 1 shall be unenforceable.
Amendment 383 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
Member States shall recognise that once a work is in the public domain (copyright and related rights in a work have expired or never existed), faithful reproductions in full or in part of that work, regardless of the mode of reproduction and including digitisation, shall equally not be subject to copyright or related rights.
Amendment 384 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Freedom of panorama Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC and point (a) of Article 5 and Article 7(1) of Directive 96/9/EC, permitting the reproduction and use of works, such as works of architecture or sculpture, made to be located permanently in public places. Any contractual provision contrary to the exception provided for in this Article shall be unenforceable.
Amendment 384 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff, or registered members of the cultural heritage institution involved in non-formal or informal education;
Amendment 390 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholdeworks uploaded by their users, they should conclude agreements with rightholders that ensure appropriate remuneration for authors, unless they are eligiblequalified for the liability exemptions provided in Article 14s 12, 13, 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, . Such agreements should take into consideration the interests of authors, performers, all end-users and information society services. To avoid multiple licensing for the use of the same work on the same information society service providers, which would lead to fragmentation of the Digital Single Market, rightholders should offer a single agreement or license covering the Internal Market (OJ L 178, 17.7.2000, p. 1–16)relevant copyrighted works and should offer pan- European licence for the use of their work covered by this recital.
Amendment 391 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Any contractual provision contrary to the exception set out in paragraph 1 shall be unenforceable.
Amendment 401 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability, accessibility and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 401 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 403 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
No sooner than ... [three years after the date of entry into force of this Directive], and in consultation with all stakeholders, the Commission shall report on the availability of such licences, with a view to proposing improvements if needed.
Amendment 407 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States may provide for fair compensation for the harm incurred by theany unreasonable actions contrary to the legitimate interests of rightholders duein relation to the use of their works or other subject-matter pursuant to paragraph 1.
Amendment 412 #
2016/0280(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 413 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 415 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions or educational establishments, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, forto the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservationextent necessary for such reproduction, for the purpose of, individually or collaboratively with others, carrying out their public interest mission in preservation, research, culture, education and teaching.
Amendment 420 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Any contractual provision contrary to the exception set out in paragraph 1 shall be unenforceable.
Amendment 424 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Document delivery by cultural heritage institutions and educational establishments 1. Member States shall provide an exception to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, or educational establishments to make reproductions in any format or medium upon request, for the sole purpose of a person's scientific research or private study, as long as the source, including the author's name is indicated, unless inclusion of the name is impractical. 2. Any contractual provision contrary to the exception set out in paragraph 1 shall be unenforceable.
Amendment 425 #
2016/0280(COD)
Article 5b Access for the purposes of research or private study on the premises of cultural heritage institutions or educational establishments 1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive for the communication or making available of works and other subject matter contained in the collections of cultural heritage institutions, or educational establishments, for the purpose of research or private study, to members of the public on the premises of those institutions or establishments. 2. Any contractual provision contrary to the exception set out in paragraph 1 shall be unenforceable.
Amendment 428 #
2016/0280(COD)
Proposal for a directive
Article 5 c (new)
Article 5 c (new)
Article 5c Public lending of literary works 1. Member States shall provide for a limitation to the rights provided in Article 1 of Directive 2006/115/EC in order to allow the lending of literary works in any format to the public, where such works have been legitimately acquired. This is without prejudice to the provisions of Articles 6(2) and 6(3) of Directive 2006/115/EC. 2. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable. 3. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, and Article 11(1) of this Directive, permitting libraries to make reproductions of literary works in order to facilitate public lending where the literary works have been legitimately acquired, but are not available in the format or medium required as part of the lending service. 4. Member States, libraries, authors and publishers shall work together to ensure that libraries can acquire and lend on reasonable terms, including remotely, all commercially available literary works in any format, including digital, that have legally entered their collections or to which they have legal access. The Commission shall report on progress towards this goal no later than two years after ... [date of entry into force of this Directive].
Amendment 435 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 436 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph -1 (new)
Article 7 – paragraph -1 (new)
-1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow cultural heritage institutions to distribute, communicate to the public or make available out-of-commerce works or other subject-matter permanently in the collection of the institution for non- commercial purposes. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this paragraph before 22 December 2020.
Amendment 437 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph -1 a (new)
Article 7 – paragraph -1 a (new)
-1a. When applying the exception or limitation Member States shall take due account of remuneration schemes to compensate for any unreasonable actions contrary to the legitimate interests of rightholders, and ensure that all rightholders may at any time object to the use of any of their works or other subject- matter that are deemed to be out of commerce and be able to exclude the use of their works or other subject-matter.
Amendment 438 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph -1 b (new)
Article 7 – paragraph -1 b (new)
-1b. Acts which would otherwise be permitted under paragraph 1 shall not be permitted if valid licences from collective management organisations are available authorising the acts in question and the cultural heritage institution responsible for those acts knew or ought to have been aware of that fact.
Amendment 452 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A work or other subject-matter shall be deemed to be out of commerce when the whole work or other subject-matter, in all its translations, versions and manifestations, is not avails not available through customary channels in any form substitutable tofor the public through customary channels of commerce and cannot bwork permanently in the collection of a cultural heritage institution. Out of commerce works include both works that have preasonably expected to beviously been available commercially and works that have never been comme sorcially available.
Amendment 458 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Member States shall, in consultation with rightholders, collective management organisations and cultural heritage institutions, ensure that the requirements used to determine whether works and other subject-matter can be licensed in accordance with paragraph 1are out of commerce do not extend beyond what is necessary and reasonable and proportionate and do not preclude the possibility to determine the out-of- commerce status of a collection as a whole, when it is reasonable to presume that all works or other subject-matter in the collection are out of commerce.
Amendment 461 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) theany licence, and in particular its application to unrepresented rightholders;
Amendment 463 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 3 – point c – paragraph 1
Article 7 – paragraph 3 – point c – paragraph 1
the possibility of rightholders to object, referred to in paragraph 2 and point (c) of paragraph 14;
Amendment 468 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 4 – introductory part
Article 7 – paragraph 4 – introductory part
4. Member States shall ensure that the licences referred to in paragraph 14 are sought from a collective management organisation that is representative for the Member State where:
Amendment 469 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 4 – point a
Article 7 – paragraph 4 – point a
(a) the majority of works or phonograms were first published or, in the absence of publication, where they were first created or broadcast, except for cinematographic and audiovisual works;
Amendment 471 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 474 #
2016/0280(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Works or other subject-matter covered by a licence grantused in accordance with Article 7 may be used by the cultural heritage institution in accordance with the terms of the licences in all Member States.
Amendment 476 #
2016/0280(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall ensure that information that allows the identification of the works or other subject-matter covered by a licence grantused in accordance with Article 7 and information about the possibility of rightholders to object referred to in Article 7(12) and (4)(c) are made publicly accessible in a single online portal for at least six months before the works or other subject-matter are digitised, distributed, communicated to the public or made available in all Member States other than the one where the licence is granted, and for the whole duration of the licence.
Amendment 478 #
2016/0280(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure a regular dialogue between representative users' and rightholders' organisations, and any other relevant stakeholder organisations, to, on a sector-specific basis, foster the relevance and usability of the licensing mechanisms referred to in Article 7(1),, including resolving issues where cultural heritage institutions activities in line with Articles 7 and 8 are not being reasonably enabled, to ensure the effectiveness of the safeguards for rightholders referred to in this Chapter, notably as regards publicity measures, and, where applicable, to assist in the establishment of the requirements referred to in the second subparagraph of Article 7(26).
Amendment 489 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 495 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.
Amendment 496 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The processing of personal data carried out within the framework of this Directive shall be subject to Directive 95/46/EC and the General Data Protection Regulation.
Amendment 509 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of copyright protected content byuploaded by users of information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 518 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 524 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide access to the public access to large amounts ofto copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter achieve fair and balanced agreements in cooperation with rightholders governing such content in order to ensure fair and appropriate compensation for the stakeholders concerned, unless they are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC. The implementation of such agreements shall respect the users' fundamental rights and shall comply with Article 15 of Directive 2000/31/EC. The service providers shall cooperate and work together with rightholders to ensure that the functioning and implementation of such agreements are full and transparent.
Amendment 529 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place effective mechanisms, including for complaints and redress mechanisms, that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
Amendment 534 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers, user representatives and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developm for the implementation of paragraph 1 in a manner that is proportionate and efficients.
Amendment 537 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a User Generated Content Member States shall provide for an exception to the rights provided for in Articles 2, 3 and 4 of Directive 2001/29/EC, Article 5 and Article 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC, Articles 7(1) and 8(1) of Directive 2006/115/EC and Article 11(1) of this Directive in order to allow natural persons to use an existing work or other subject matter in the creation and use of a new work or other subject-matter, provided that: (a) the work or other subject-matter has already been lawfully made available to the public; (b) the use of the new work is done solely for non-commercial purposes; (c) the source - including, if available, the name of the author, performer, producer, or broadcaster - is indicated; (d) there is a certain level of creativity in the new work which substantially differentiates it from the original work.
Amendment 543 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Articles 2, 3 and 4 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, and Article 11(1) of this Directive for reproductions and extractions, made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific researchas long as the body performing these acts has lawful access.
Amendment 555 #
2016/0280(COD)
3. Rightholders shall not be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.prevent or to hinder beneficiaries from benefiting from the exception provided in paragraph 1
Amendment 561 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisationbeneficiaries to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.
Amendment 580 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 591 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or other educational venue, such as cultural heritage institutions, or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Amendment 601 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
Directive 2001/29/EC
Article 5 – paragraph 3 – point n
Article 5 – paragraph 3 – point n
(ba) point (n) of Article 5(3) is amended as follows: "(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject- matter not subject to purchase or licensing terms which are contained in their collections;" (This amendment seeks to amend a provision within the existing act - Article 5, paragraph 3,such establishments' collections;" Or. en point n - that was not referred to in the Commission proposal.)
Amendment 606 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Directive 2006/115/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
2a. Paragraph 1 of Article 6 is amended as follows: "1. Member States mayshall derogate from the exclusive right provided for in Article 1 in respect of public lending, in any format, provided that at least authors obtain a remuneration for such lending. Member States shall be free to determine thisat remuneration taking account of their cultural promotion objectives." (This amendment seeks to amend a provision within the existing act - Article 6, paragraph 1 -Or. en that was not referred to in the Commission proposal.)
Amendment 617 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions.
Amendment 643 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions or educational facilities, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Amendment 651 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall recognise that once a work is in the public domain because the copyright and other related rights therein have expired or never existed, accurate reproductions in full or in part of that work shall not be subject to copyright or related rights.
Amendment 668 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 734 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 743 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 766 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 773 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 780 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 802 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of copyright protected content byuploaded by users of information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 809 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of works or other subject-mattercopyright protected content uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works o conclude agreements with rightholders, unless they fall under the scope of Articles 12, 13,14 and 15 of Directive 2000/31/EC. User uploads, storing and granting public access to that upload, amount to a single use that shall be covered by one agreement. Rightholders and information society services shall conduct negotiations in good faith. Agreements shall be fair and balanced and take into account the interests of users of information society services. In particular, rightholders shall offer other subject-matter identified by conclusion of pan-European agreements. The implementation of such agreements shall respect users' righthols unders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The serve Charter of Fundamental Rights of the European Union. No obligation shall be imposed on service providers to monitor the information which they transmit or store, nor an obligation shall be imposed upon them to actively seek facts or circumstances indicating illegal activity. This Article providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevais without prejudice to the ability of rightholders to request the removal of infringing content in accordance with Directive 2000/31/EC. Member States shall ensure that agreements provide adequate level of transparency, legal certaint,y adequate reporting on the recognition and use of the works and other subject-matternd predictability to users, without prejudice to trade and commercial secrets. Where appropriate, reporting shall be conducted under the conditions set out by Directive 2014/26/EU.
Amendment 843 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are availableend users have the means to communicate effectively with the rightholders who have requested the measures referred to in paragraph 1 in order to challenge the application of those measures such as when they are applied to a users in case of disputes over the application of the measures referred to in paragraph 1 which falls under a copyright limitation or exception or to public domain material. Services referred to in paragraph 1 shall not be required to disclose the identity of users to rightholders.
Amendment 853 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall ensure that users have access to a court or other relevant judicial authority.
Amendment 857 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 871 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Modification to Directive 2001/29/EC Directive 2001/29/EC shall be amended as follows: The following Article shall be added: Article 5(3) bis User Generated Content Member States shall provide for an exception or limitation to the rights set out in Articles 2, 3 and 4 for the use by natural persons of an existing work or other subject-matter in the creation of a new work or other subject-matter, provided that: (a) the work or other subject-matter has already been lawfully made available to the public; (b) the source, including, if available, the name of the author, is indicated; (c) there is a certain level of originality in the new work. This exception is without prejudice to the exceptions and limitations provided for in Article 5.
Amendment 893 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequccurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means. The different means of content descriptors should be clear enough to stipulate if the specific content may be of harm to minors.
Amendment 72 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and society as a whole, Member States should encourage to limit the exposure of products containing alcohol. As the rules applicable to tobacco prohibits advertisement of such products due to their harmful effects, the same rules should be applied for alcoholic products.
Amendment 187 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted;replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
Amendment 258 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1b (new)
Article 23 – paragraph 1b (new)
1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time".
Amendment 275 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 284 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 291 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point b
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 16 #
2015/2354(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the single market has been, and remains, the cornerstone of EU integration and the engine of growth and jobs, however the integration of the Single Market is not an irreversible process and its continued existence should not be taken for granted;
Amendment 20 #
2015/2354(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the proper functioning of the Single Market is based on the constant adjustment and provision of an integrated response to the major economic and social challenges of the future, and on finding a balance between an open economy stimulating economic growth and quality job creation and an economic system delivering consumer protection as well as social and environmental safeguards to citizens;
Amendment 22 #
2015/2354(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a strong social market - which turns the focus back to the people, directed towards the fight against unemployment, poverty, inequalities, social exclusion and wage dumping, promoting respect of fundamental social rights, fair mobility and improvement of living and working conditions in Europe - is an important factor to increase solidarity and cooperation among Member States;
Amendment 26 #
2015/2354(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the single market is underperforming in almost all areas – in stimulating a digital-driven market, encouraging start-ups, integrating global supply chains, improving workers mobility and social rights, dealing with new business models and ensuring market facilitation, standardisation and the licensing of professionals – due to a number of physical, legal and technical barriers;
Amendment 28 #
2015/2354(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the single market must not be seen in isolation from other horizontal policy areas, particularly the digital single market, health, social and consumer protection, labour law and mobility of citizens, the environment, sustainable development, energy, transport and external policies;
Amendment 31 #
2015/2354(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to Parliament’s own research, the anticipated gain from completingon of the single market stands at a trillion euroscould have the potential to bring an efficiency gain of EUR 615 billion per year;
Amendment 41 #
2015/2354(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU should pursue a genuine single market and treat it as a common asset of all citizens, workers, economic operators and Member States;
Amendment 50 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is of the opinion that the mid-term review of the EU’s 2020 Strategy should set ambitious targets to reach a green, knowledge-based social market economy and sustainable growth by 2020; stresses that the single market should be central in achieving the goal of a sustainable and highly competitive social market economy in the context of the EU 2020 Strategy’s long-term vision taking up the challenges of maintaining social justice and economic growth as well as focusing on benefits for citizens, consumer protection, and SMEs;
Amendment 51 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Reiterates that the perception of the single market as being solely tied to the economic aspects has exhausted its own potential and a new broader based strategy must be put into action, establishing a balance between economic rights and fundamental social rights, integrating consumers’ and citizens’ interests into the single market;
Amendment 53 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services, and welcomacknowledges its vision for how to unleash the full potential of the single market but recalls on the Commission to improve the social and environmental side of the single market based on the Lisbon Treaty’s obligations;
Amendment 59 #
2015/2354(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes in this respect that equal treatment principle for workers should be considered a pillar of an effective and socially sustainable single market and urges the Commission to take the necessary legislative and non-legislative actions in order to ensure that the this principle is fully respected in the single market;
Amendment 73 #
2015/2354(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to eliminate the remainingput back at the heart of the single market those who live in it and use it daily, and to eliminate the existing unjustified barriers from the single market in order to achieve effective tangible and quick results in terms of growth, innovation, job creation, consumer choice and new business models;
Amendment 82 #
2015/2354(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the strategy’s focus on aspects aimed at helping businesses, in particular SMEs, micro- enterprises and start-ups, to scale up their activities, grow and stay in the single market, thus facilitating their innovation and job creation; considers that all initiatives for SMEs and start-ups should be treated as a priority, but reminds that these initiatives should not provide opportunities for dishonest businesses to circumvent existing rules, lower workers’ and consumer standards, increase the risk of corporate fraud, criminal activities and letterbox companies;
Amendment 90 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessarycould be helpful to adopt a common definition ofcriteria to identify ‘innovative’ start- ups and SMEs, or objective criteria, that canwhich could be used as aone point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 91 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessary to adopt a common definition of ‘innovative’ start- ups and SMEs,, SMEs and social economy enterprises or objective criteria, that can be used as a point of reference for the adoption of related measures; reminds that social economy enterprises have revealed a huge innovative potential, coming up with creative solutions to major economic, social and environmental challenges: calls on the Commission to propose such a definition including social economy enterprises;
Amendment 99 #
2015/2354(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls onDraws attention to the Commission’s initiative to ask the REFIT platform to address unjustified barriers to innovation and put forward proposals for ways to reduce or remove them; calls on the Commission to assess in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only the economic one;
Amendment 112 #
2015/2354(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s determination to address the difficulties faced by SMEs as a result of the complexity of differing national VAT regulations; extends its full support to the Commission in respect of the VAT reform, but reminds that these initiatives should respect Member States competences; calls on the Commission to assess the feasibility of further coordination and, in particular, to assess the possibility of a single tax in the e-commerce sectorllowing Member States to reduce rates of VAT for the press, digital, publishing, e-books and on line publications in order to avoid discrimination in the single market;
Amendment 120 #
2015/2354(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the difficulties faced by some businesses, and in particular SMEs and start-ups, in securing funding; calls on the Commission, while continuing the valuable support provided to those companies through the European Fund for Strategic Investments (EFSI) and programmes such as Horizon 2020 and COSME, to explore ways of further facilitating access to them, and develop new funding models especially for micro- enterprises, for instance by reducingreduce the periods for calls ofor applications to six-month periods and further simplifying the relevant procedures, simplify the relevant administrative procedures, develop pro- active measures for continuous information and trainings on projects; calls upon the Commission to ensure that crowdfunding can be done seamlessly across borders, and encourages the Member States to introduce incentives for crowdfunding;
Amendment 129 #
2015/2354(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the difficulties faced by businesses, and in particular SMEs and , start-ups, and social economy enterprises in securing funding; calls on the Commission, while continuing the valuable support provided to those companies through the European Fund for Strategic Investments (EFSI) and programmes such as Horizon 2020 and COSME, to explore ways of further facilitating access to them, especially for micro-enterprises, for instance by reducing calls for applications to six-month periods and further simplifying the relevant procedures;
Amendment 144 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomAcknowledges the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure thatcould be one method to encourage Member States to provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs from trying new ideasand non-regulatory environment that accepts that failure sometimes happens and encourages innovation, but reminds that the costs and consequences of failing companies affects not only the company’s owner and shareholders, but also its creditors, employees, citizens and taxpayers; stresses that the legal framework on business insolvency must ensure responsible risk-taking providing certainty and fairness to creditors and employees; calls on the Commission, in this context, to reinforce workers’ protection and the defence of their interest, including through guaranteeing the full respect of their right to information and consultation, and establishing preferential rights for employees in case a business goes bankrupt;
Amendment 149 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that the Commission did not emphasise enough the specific role of traditional manufacturing by Crafts and SMEs as an important contribution to both competitiveness and economic stability in Europe; encourages the Commission to exploit the full potential of digitalisation and innovation of the manufacturing industry in particular for micro and small manufacturers and start- ups, as well as for less industrialised regions to help reduce regional disparities and revitalise local economies; believes that stronger SMEs Crafts policy has to be put forward as one of the top priorities of all European Institutions and Member States over the next years;
Amendment 151 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes that companies, especially SMEs, are either not aware of the rules applicable in other Member States or have difficulties in finding and understanding the information on the rules and procedures applicable for their business; calls on the Commission to interlink all different portals, access points and information websites in a single gateway that will provide SMEs and start-ups with user-friendly information so that they can make well-informed decisions, save time and costs;
Amendment 161 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast reshaping old services and markets and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market; notes that the fast development of the sharing economy presents opportunities but also poses many challenges and legal uncertainties that might affect consumers, workers and traditional business providers and suppliers;
Amendment 170 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission and the Member States to come forward with proposals to prevent abuses in the employment area and bogus self- employment, to examine infringements of workers’ rights and social protection provisions in the sharing economy as well as to assess the impact of crowdworking and crowdsourcing; calls on the Commission to establish an European Forum, which organises regular exchanges with stakeholders, including social partners, who play a decisive role in the transition of the different employment sectors towards the digital economy, in order to promote an effective legal framework as well as quality employment and workers’ rights;
Amendment 171 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to ensure that employment rights, high quality working conditions, effective social welfare coverage and a real level playing field in the single market are guaranteed in the growth of the sharing economy, taking into account its potential for more flexible forms of employment, identifying new forms of employment, enhancing the rights and protection of genuine self- employed workers;
Amendment 172 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economysharing economy including the guidance on how EU law applies to this new sector, and its intention to look at that economy in order to assess what needs to be done in order to taccompanykle the challenges it poses, to support its growth and its major contribution to the economic system; welcomes the Commission approach to examine the extent to which the provisions of the Services Directive, the e-Commerce Directive and the EU consumer protection acquis are applicable to the sharing economy and if there is need for further regulation, calls on the Commission to go beyond these provisions and examine the issue of social security and employment rights of workers, health and safety norms, taxation and licensing;
Amendment 186 #
2015/2354(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that, in the collaborativesharing economy, the samesimilar rules should apply to the samesimilar services, with a view to ensuringpreserve the solid framework of existing regulations, safeguard high quality of services, independent of how their access and provision is organised, ensure a level playing field, and consumer safetrights and safety and full adherence to employment and social rights by companies operating in the sharing economy while avoiding fragmentation that would hamper the development of new business models;
Amendment 218 #
2015/2354(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of the unitary patent; supports the Commission’s intention to eliminate uncertainties as to how the unitary patent will coexist with national and supplementary protection certificates (SPCs), as well as the possible creation of a unitary SPC whilst keeping in mind public health and patients’ interests;
Amendment 233 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present awithout delay a legislative proposal for the protection of geographical indications for non-agricultural products in the EU with the aim of establishing a single European system putting thus an end to a inadequate and highly fragmented situation in Europe, and offering many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric;
Amendment 240 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the new 2014 public procurement regime is less cumbersome, includes more flexible rules to better serve other public sector policies as well as Member States or local specialities; points out that there are still significant inefficiencies in public procurement across Member States that limit cross- border expansion and growth in domestic markets;
Amendment 241 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Supports the general approach set out in the Commission’s Communication in relation to public procurement to improve procurement decisions and the transparency and quality of procurement systems; encourages national procurement authorities to promote greener and more social tendering processes by including social and environmental criteria in the public procurement tenders; calls on the Commission to use the upcoming evaluation report and revision of the Remedies Directive to address problems such as ‘abnormally low bids’ and other social dumping practices in the procurement process;
Amendment 243 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Notes that consistent uniform application and proper enforcement of EU rules combined with regular monitoring and evaluation on the basis of qualitative and quantitative indicators, benchmarking and sharing of best practices is urgently needed to achieve more homogeneous implementation of existing single market legislation; recalls, therefore, the need to fully and thoroughly transpose and implement European rules concerning the functioning of the single market in all Member States;
Amendment 245 #
2015/2354(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that many measures have already been adopted but are not yet appliedproperly enforced thus undermining the level playing field in the single market; points out, furthermore, that according to data provided by the Commission in mid- 2015, around 1 090 infringement proceedings were pending in the area of the single market; calls on the Commission, therefore, to ensure thatwith a view to improve transposition, application and enforcement of single market legislation, to ensure that administrative coordination, cooperation and enforcement isare prioritised at all levels (EU, between Member States and national, local and regional authorities);
Amendment 256 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to further support the Member States in developing a strong culture of compliance and enforcement, including bypromoting and broadening the Internal Market Information System (IMI), developing implementation plans for new major legislation and, organising compliance dialogues with Member States and trainings for national public servants in charge of enforcement; stresses that correct enforcement and better regulation are essential and should cover all business sectors and apply to existing and future legislation;
Amendment 259 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that Member States play a crucial role in the good governance and proper functioning of the single market, therefore, they need to jointly exercise a pro-active ownership and management of the single market, generating a new political impetus through consolidated state-of-health reports on the single market, regular and thematic discussions at Competitiveness Council meetings, dedicated annual European Council meetings and the inclusion of the single market as a pillar of governance in the European Semester;
Amendment 261 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Stresses that the European Parliament’s Internal Market and Consumer Protection Committee must strengthen its ties with national parliaments in order to coordinate and address issues in relation to transposition and implementation of single market rules;
Amendment 265 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network and its role in solving interpretation problems relating to the single marketpractical problem-solving gateways such as Solvit network and to improve funding, expertise, legal certainty of the procedures as well as raise awareness of the existence of the network among business and its role in solving interpretation problems relating to the single market; calls for a cooperation between SOLVIT and the Enterprise Europe Network (EEN) to be reinforced;
Amendment 301 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling or quality requirements for the same products in different Member States create unnecessary obstacles to the activities of suppliers of goods and discriminate against different consumers; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU levellabelling and quality scheme for products, established at EU level, for providing consumers with key information and ensuring equality in products’ quality in the different Member States; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 307 #
2015/2354(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services, while reconciling economic freedoms and workers’ rights; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directiveand proper implementation of the Services Directive; reiterates that facilitating the temporary provision of services by companies in another Member State should go hand in hand with guaranteeing the protection of workers posted to another Member State and ask for the revision, without delay, of the Posting of Workers Directive in order to ensure full respect of workers’ rights and of the equal treatment principle and to fight effectively social dumping and unfair competition;
Amendment 345 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Commission to draw up a detailed assessment on the social impact of the single market legislation, as it has done on the economic impact and to include the "Monti II" clauses in all single market legislation;
Amendment 348 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27e. Disapproves that the Commission did not adopt any specific measures in the Single Market Strategy to address the needs of people and consumers with disability, elderly people and people living in rural and remote areas;
Amendment 349 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27f. Supports the Commission’s initiative to review the regulated profession, but reminds that any exercise should maintain high quality standards for employment and services, sound qualifications and consumers’ safety;
Amendment 350 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 g (new)
Paragraph 27 g (new)
27g. Regrets that the Commission’s Communication does not announce any proposal in relation to the social economy although it plays a key role in the EU’s social and economic development; urges the Commission to explore the potential of this emerging sector and without undue delay to improve its visibility and a regulatory environment for social enterprises;
Amendment 355 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. SEmphasises that the genuine single market should provide benefits and protection for citizens, consumers and businesses in terms of better quality, greater variety, reasonable prices, and safety of goods and services; stresses that unjustified discrimination against service recipients (consumers and entrepreneurs) on the basis of nationality or place of residence, in both online and offline environments, is not acceptable within the single market;
Amendment 360 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Agrees that when purchasing goods and services in the single market, consumers need transparent information and a set of modern and solid rights to protect their interests; is of the opinion that any review, merger or consolidation of consumer law directives should provide for a truly high level of consumers’ protection and enforceable rights, recognising existing best practices from national legislation;
Amendment 363 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Stresses that consumers must be able to exercise their rights easily; welcomes the implementation of the ADR Directive and Commission’s new online dispute resolution (ODR) platform; notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure implementation of an affordable, expedient and accessible Europe-wide collective redress system;
Amendment 375 #
2015/2354(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Emphasises that social economy enterprises represent a diversity of business models, that is key for a highly competitive and fairer single market; calls on the Commission to mainstream the social economy within its single market policies and to develop a European Action Plan for social economy enterprises in order to unlock the full potential for a sustainable and inclusive growth.
Amendment 377 #
2015/2354(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Reiterates that the Commission’s Social Business Initiative (SBI) stressed that the single market needs an inclusive growth, focused on employment for all; calls, therefore, on the Commission to launch a second phase of the SBI by developing an Action Plan for the social economy enterprises in Europe;
Amendment 378 #
2015/2354(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls on the Commission to provide an analysis within the Single Market Strategy on how the development of digital technologies and online platforms contribute to the rise of social economy enterprises characterised by democratic business models and reinvestment of profit, creating added value to enterprises, consumers and workers;
Amendment 17 #
2015/2346(INI)
Motion for a resolution
Recital D
Recital D
D. whereas only 2 % of young SMEs and micro enterprises have undertaken cross- border expansion through foreign direct investment;
Amendment 18 #
2015/2346(INI)
Motion for a resolution
Recital D
Recital D
D. whereas only 2 % of young SMEnew SMEs and start-ups have undertaken cross-border expansion through foreign direct investment;
Amendment 21 #
2015/2346(INI)
Motion for a resolution
Recital E
Recital E
E. whereas for consumers, gaps in the single market can lead to less product choice and to goods and services being more expensive;
Amendment 24 #
2015/2346(INI)
Motion for a resolution
Recital F
Recital F
F. whereas for businesses the costs are manifest in more expensive supply chains, leading to their own products being more expensivecostly, or in reduced access to business services, which harms their competitiveness; whereas innovation is encouraged through a competitive market;
Amendment 51 #
2015/2346(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds that this debate on NTBs should not be used as a cover-up for a political agenda on deregulation;
Amendment 53 #
2015/2346(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that national regulatory measures sometimes are the result of missing legislative proposals from the Commission;
Amendment 54 #
2015/2346(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 76 #
2015/2346(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that extended non-compliance with Union law by Member States is detrimental for the single market and EU citizens; considers also that the slow compliance process leads to some Member States benefiting from an undue prolongation of the transposition deadline; calls on the Commission to swiftly address the subject of non-compliance by Member States;
Amendment 80 #
2015/2346(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the issuUrges Member States to address the practice of ‘'gold- plating’', i.e. the tendency of national governments to load transposed directives with additional and often unfavourable rules that add to business burdens and costs;
Amendment 87 #
2015/2346(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that inconsistent enforcement of existing correctly transposed rules causes the same harm as slow transpositionrules by Member States causes harm to the single market; considers that compliance and enforcement are made more challenging when commonly used definitions are given different meanings in different pieces of legislation by Member States;
Amendment 95 #
2015/2346(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that unequal application of the same rules in different Member States has the potential to create new NTBs; considers that transposition workshops should be held and best practice shared, in order to minimise divergences at an early stage;
Amendment 98 #
2015/2346(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes the Commission should increase their use of guidelines in regards to the implementation of directives since this can be a useful tool to ensure a larger degree of uniform implementation;
Amendment 104 #
2015/2346(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that since economies of scale are reduced by the need to run different product lines, the burden falls disproportionately on SMEs and micro enterprises;
Amendment 118 #
2015/2346(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to focus on ground-level enforcement, making sure that rules are followed in thetake a strong approach to enforcement and use all available evidence and instruments at its disposal to ensure that single market rules are duly applied and implemented by Member States;
Amendment 126 #
2015/2346(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the importance of the principle of mutual recognition for ensuring market access to the single market for goods which are not harmonised at Union level, and in cases where Member States have national, very often different, rules on products, but with the same underlying objective; believes increased harmonization is a more effective tool to ensure equal access for goods and services on the single market;
Amendment 178 #
2015/2346(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to address the reform priorities of Member States in the area of professional services in the context of the European Semester and country- specific recommendations on deregulating certain professions in the Member States;
Amendment 188 #
2015/2346(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that restrictive regulations on retail and wholesale activities create significant barriers to entry, leading to fewer new outlet openings, hampering competition and leading to higher prices for consumers; underlines in this regard that some fees, inspection charges and other measures may prima facie serve legitimate public policy objectives, but through the use of thresholds or other criteria function as NTBfunction as NTBs if they are not justified by legitimate public policy objectives; believes that all operational restrictions placed on retail or wholesale activities should not unduly or disproportionately restrict these activities, and must not lead to de facto discrimination between market operators;
Amendment 199 #
2015/2346(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to establish teams of experts who can travel around to the Member States to help Member States to ensure a larger degree of uniform implementation;
Amendment 205 #
2015/2346(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Regrets that the Parliament's access to relevant information relating to pre- infringement and infringement procedures is still limited and calls for improved transparency in this regard, with due respect to confidentiality rules;
Amendment 2 #
2015/2323(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the Energy Union should have the interests of citizens at its core;
Amendment 7 #
2015/2323(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned that the liberalisation and integration of the retail energy markets is still not complete, resulting in insufficient competition and choice of suppliers;
Amendment 12 #
2015/2323(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the aim of the Third Energy Package to provide a truly competitive and consumer-friendly retail market has not been realised, as evidenced by low levels of consumer switching and satisfaction across the EU, persistent high levels of market concentration, and the failure to reflect falling wholesale costs in retail prices;
Amendment 26 #
2015/2323(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for further measures to make switching between providers easier and faster and in a cost-free way with no penalties or contract termination fees, including a shortened switching period and effective data portability, in order to prevent the lock-in of consumers;
Amendment 40 #
2015/2323(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of access to real time or near real time information on energy consumption and related costs; calls therefore for the rapid deployment of ICT, e.g. mobile applications, online platforms, data hubs and smart meters within a clear framework on data protection, security, and access to data for all market participants, thereby ensuring that consumers retain control over their data; emphasises that the development of smart technologies must not leave the most vulnerable or less engaged consumers behind, nor see bills rise;
Amendment 55 #
2015/2323(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that consideration be given to requiring energy suppliers to automatically place customers on the most advantageous tariff, based on historic consumption patterns; notes, given that switching rates are low throughout Europe, that many households, especially the most vulnerable, are not engaged in the energy market and are stuck on outdated expensive tariffs;
Amendment 63 #
2015/2323(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that a key objective of the review of the electricity market design should be to give consumers more choices and better control over their participation in a fully functioning and efficient energy market; calls for simple market access and electricity balancing responsibility for prosumers, fair distribution of costs and benefits, and a high level of consumer protection;
Amendment 69 #
2015/2323(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Insists that the provisions of the directives on unfair commercial practices and consumer rights relating to doorstep selling, unfair terms or practices and aggressive marketing techniques be properly implemented and enforced by Member States so as to protect energy consumers;
Amendment 2 #
2015/2256(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the Communication from the Commission on the Annual Growth Survey 2016 – Strengthening the recovery and fostering convergence (COM (2015) 690 final)
Amendment 3 #
2015/2256(INI)
Motion for a resolution
Citation 10 b (new)
Citation 10 b (new)
– having regard to the Commission Staff Working document on Challenges to Member States' Investment Environments (SWD (2015) 400 final)
Amendment 46 #
2015/2256(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the recent Commission services work on identifying and mapping challenges to investment and elaboration of country-specific investment profiles;
Amendment 62 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the Commission's intention to further analyse the identified country- specific challenges to investment in the framework of the European Semester, particularly in Country Reports and through thematic discussions in the Council;
Amendment 63 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Draws the attention to the fact that many of the identified challenges to investment relate to the functioning of the Single Market and transposition and implementation of Single Market law; asks the Commission to rigorously monitor Member States' follow-up on the identified challenges and barriers to investment, engage in regular structured compliance dialogue with Member States and use its powers and take action where appropriate in order to remove unjustified and disproportionate barriers to the Single Market;
Amendment 64 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Considers that EU2020 objectives on employment, social exclusion and education should be incorporated into the context of the European Semester and given equal weight alongside economic targets.
Amendment 65 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls for a Social Progress Index measuring social inequalities and inequalities in opportunities to be integrated into the AGS with binding targets.
Amendment 66 #
2015/2256(INI)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls for the creation of a living wage index in the context of the AGS, which will set the basis for binding targets for Member States.
Amendment 74 #
2015/2256(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the view that the network of National Competitiveness Boards could play a more central role in developing commonalities as regards monitoring, performance measurement, benchmarks and exchange of best practices;
Amendment 104 #
2015/2256(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that in 2014, the EU adopted a major overhaul of the EU procurement framework, simplifying procedures, making the rules more flexible and adapting them to better serve other public sector policies.
Amendment 105 #
2015/2256(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Points out that there are still significant inefficiencies in public procurement across MS that limit cross- border expansion and growth in domestic markets. Stresses the need for proper and timely transposition and implementation of public procurement and concessions legislation by Member States. Believes correct implementation of the 2007 Remedies procedure would ensure public procurement is more efficient, effective and transparent.
Amendment 108 #
2015/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the potential of eProcurement to tackle remaining inefficiencies by simplifying the whole value-chain of public procurement and making cross-border business opportunities much easier to find, thus making access much easier for SMEs; calls on the Commission to develop further incentives to encourage SME participation in public procurement;
Amendment 111 #
2015/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the second Interoperability Solutions for European Public Administrations programme (ISA²), expected to start on 1 January 2016, which will support the development of interoperable digital solutions, available to all interested public administrations as well as businesses and citizens in Europe, free of charge.
Amendment 153 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Emphasises that private and public investments in fast and ultra-fast communication networks, are a requirement for any digital progress, that must be incentivised by a stable EU's regulatory framework enabling all players to make investments including in rural and remote areas;
Amendment 154 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Highlights the importance of a successful implementation of EFSI to maximise investments, and to support innovative companies at different funding stages of their development; stresses, where there is market failure, the importance of fully exploiting the public funds already available for digital investments, of enabling synergies between EU programmes, such as Horizon 2020, CEF, other relevant structural funds and other instruments;
Amendment 155 #
2015/2256(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Commission to evaluate if the current broadband strategy for mobile and fixed networks, including targets, is future-proofed, meet the conditions for high connectivity for all to avoid the digital divide, for the needs of the data-driven economy, and the rapid deployment of 5G;
Amendment 177 #
2015/2256(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Is of the view that market surveillance authorities within the Single Market need to be strengthened, better connected and appropriately staffed to meet today's challenges in particular those from global competition; Urges national market surveillance authorities to cooperate more closely and to exchange information and best practices to effectively tackle the high number of illegal and non-compliant products incurring high costs for complying businesses; calls for the immediate adoption of the Product Safety and Market Surveillance Package by the Council of the European Union;
Amendment 54 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that a truly pan-European approach to cross-border taxation systemissues is needed to create a true European Single Market and to prevent the tax avoidanceaggressive tax planning practices used by several digital platforms, as highlighted by recent inquiries; calls on the Commission to support extending thmake public country-by- country reporting regime on taxesmandatory and public for multinational companies toin all sectors;
Amendment 56 #
2015/2147(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the growth of a European digital society could lead to more European research and innovation, greater investment in job creation, and more creativity and entrepreneurship across the EU;
Amendment 58 #
2015/2147(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas Europe must use the opportunity of the Digital Single Market to develop state of the art educational systems, better labour protection standards, better resource and energy efficiency, to support the Energy Union, research and innovation both for business and for science, and promotion of gender equality and equal access for the marginalised and for people living with disabilities;
Amendment 63 #
2015/2147(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas particular attention must be paid to vulnerable citizens, workers in precarious employment, those caught in the digital divide, and isolated or poor communities, to ensure they too reap the full benefits of a Digital Single Market;
Amendment 87 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the Commission’s decision to review internet platforms; encourages the Commission to create a legislative framework ensuring the development of innovative ideas, protection of work standards and compliance with existing fiscal rules; encourages the Commission, when doing so, to ensure that this legislative framework encourages online platforms to do more to ease administrative burdens on the smallest online businesses that make use of their services;
Amendment 90 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Digital Single Market represents a valuable opportunity to ensure full accessibility and participation for disabled people;
Amendment 95 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Council and the Commission to immediately suspend the new rules on place of supply for VAT on digital services for the first €20,000 of cross-border digital sales and allow businesses to return to being subject to their domestic VAT rules for that revenue; calls for this suspension to apply for as long as it takes the Commission to introduce the common EU-wide Digital VAT threshold which was promised in the Digital Single Market Strategy, and again at the FISCALIS conference in September 2015;
Amendment 110 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that, while more should be done to remove barriers to entry for new and emerging digital businesses, those businesses must at the same time be required to respect longstanding domestic regulations such as those covering taxation, health and safety legislation and workers' rights, and must operate to the same high standards that existing businesses are required to in these areas.
Amendment 173 #
2015/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; considers that a fair and effective Digital Single Market, based on a harmonised set of rules, could foster EU competitiveness, have positive effects on growth and jobs, relaunch the Single Market and make the society more inclusive offering new opportunities to citizens and businesses; believes that the horizontal approach taken in the Communication needs now to be strengthened in its implementation as the digital sector affects every dimension of society and the economy;
Amendment 177 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 217 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital environment and services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of botha precondition to fully unlock the potential of a Digital Single Market; is strongly convinced that public policy and business models should ensure that trust;
Amendment 239 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of creating the best possible business environment to allow digital companies, including SMEs and start-ups, to operate; believes that accelerator programmes for digital start- ups are vital to ensure new companies are given the time and space needed to grow their business models and that these should be available in both rural and urban areas;
Amendment 306 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned aboutNotes the different national approaches taken to regulating the internet and the sharing economy; recognises the need for EU legislation that reflects the fundamentally international nature of the internet; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation;
Amendment 334 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 336 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers the adoption of a European Web Accessibility Directive to be vital to address issues of accessibility across Europe; reminds that the latest report (2011) from the "Monitoring eAccessibility in Europe" (MeAC) study estimates that only one third of the content generated by public authorities across the EU is accessible; underlines that web accessibility is not just a question of technical standards and of web architecture and design, it is vital in order to ensure that no one is at risk of being partially or totally excluded from society as it becomes ever more digitised;
Amendment 340 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Asks the Commission to address the different tax challenges raised by the digital economy and to closely monitor its continuous evolution to assess the impact on tax systems; in particular, urges the Commission to guarantee an effective level playing field and a fair fiscal treatment among all actors present in the digital market, aligning taxation with the economic activities and guaranteeing that taxes are paid where profits are generated;
Amendment 410 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a fullfurther harmonisation of the legal framework governing online sales of digital content irrespective of whether they are in a tangible or intangible format and irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach in order to close any legal gaps and improve the conditions for the functioning of the internal market;
Amendment 467 #
2015/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; points further to the need to ensure accessible e-commerce services through the whole value chain, including accessible information, accessible payment mechanisms and customer service;
Amendment 476 #
2015/2147(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducing an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales, points to the already existing Trustmark schemes in Member States and call on the Commission to draw best practices from these experiences;
Amendment 493 #
2015/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an ambitious enforcement framework ofor the Services Directive; encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, including fast-track infringement procedures whenever incorrect or insufficient implementation of the directive is identified;
Amendment 499 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes further the Commission's initiative to review the Regulation on Consumer Protection Cooperation;
Amendment 500 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Regrets the Communication's neglect of abusive and unfair lending practices targeting consumers via email, text messages or mobile applications while consumers are still bearing the costs of the financial market crisis, points out that due to the often very high interest rates of such credits even small amounts can quickly accumulate and lead to consumers excessive indebtedness;
Amendment 501 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for the introduction of guidelines on limiting excessive aggressive advertisement of abusive lending practices and amendment of the regulations on assessments of creditworthiness of consumers; welcomes the upcoming revision of the EU Directive on Misleading and Comparative Advertisement;
Amendment 502 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 511 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and, delivery times and information schemes on liabilities in case of loss or damage as well as the regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations but calls upon the Commission to and Member States to refrain from further deregulating the parcel delivery and postal services sector in a way which could lead to unreliability and precarious working conditions;
Amendment 512 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations; recognises the vital role of the parcel delivery workforce and the need for fair and consistent working conditions, in order to develop a stable and reliable delivery sector;
Amendment 541 #
2015/2147(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Insists that any Digital Single Market framework should be built around ensuring the same working rights enjoyed by workers in the offline economy are enshrined and enforced for workers in the online economy, with particular regard being paid to the integrity of union rights, working time, and proper regulation of real and false self-employment;
Amendment 542 #
2015/2147(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recognises the environmental implications of a growing parcel delivery market and the need to ensure sustainability and environmental protection is prioritised as the e-commerce sector continues to develop;
Amendment 576 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location; believes enforcement of EU antitrust rules can play an important role in tackling unjustified geo-blocking practices; welcomes the European Commission consultation on the revision of the Cable and Satellite Directive and considers that online distribution of audio-visual content could be addressed in the framework of this Directive;
Amendment 579 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending without delay geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 588 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Supports the Commission's plan to address geo-blocking in an effective manner by supplementing the existing e- commerce framework; considers it vital to focus on technological measures and technical practices resulting in unjustified limitations on access to information society services provided across border, on the conclusion of cross-border contracts to buy goods and services, but also on adjacent activities, such as payment and delivery;
Amendment 618 #
2015/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 665 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the announced reform of the telecoms regulatory framework, but underlines that a level playing field also for small market players has to be ensured, and that deregulation can lead to dominant market positions raising prices for consumers as the examples of numerous non-EU markets show;
Amendment 677 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that in order to reap the full benefits offered by ICT and to keep up with other international markets, roll- out of high-speed fixed and wireless broadband networks, especially in rural and remote areas, should remain a key priority for Member States, creating a vital social and economic driver in areas which would otherwise face substantial and at times detrimental isolation due to a number of factors with poor provision of physical as well as digital infrastructure playing a key role;
Amendment 689 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the upcoming review of the Universal Services Directive, which will provide an opportunity to re-examine the availability of broadband internet access, including in remote areas and consumers' rights related in the context of universal services provision; believes that access to broadband should be classified a service of general interest;
Amendment 690 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highlights in this context the need for the Commission to closely cooperate with the Member States, in order to establish performance indicators and guidelines pertaining the quality of the 112 service, paying particular attention to the need for interoperability between emergency services, for multilingualism and for timely and qualitative interventions by emergency services; emphasises that in this context the importance of accessibility to 112 services for all citizens and underlines the necessity of 112 access per SMS or comparable means for people with special needs; further calls on the Commission to promote knowledge of the EU-wide, universal and multilingual 112 system;
Amendment 701 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to moallow for prudent regulation which does not limit the innovation of entre pregulatory burdens, but should drive innovation and fair competitneurial businesses but ensures that they are not exempt from appropriate European labour rights and legislation that provide fair employment conditions for all workers across the Union;
Amendment 789 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, is a crucial objective to establish a Digital Single Market and requires the establishment of a single European telecommunications regulator;
Amendment 792 #
2015/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to ensure that the implementing measures of the Connected Continent Package deliver the end of roaming charges for all European consumers by June 2017; Or.
Amendment 809 #
2015/2147(INI)
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, ands well as innovation, in, online platforms; considers that the priorities should be transparency, particularly in terms of the functioning of platforms, enabling consumer choice notably through the facilitation of switching between platforms or online services, and by guaranteeing a non- discriminatory access to platforms, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 813 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, prevention of preferential treatment of own services, prevention of discrimination against third parties' services and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 840 #
2015/2147(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises the need to focus on the effective enforcement of existing EU legislation towards online platforms, in particular with regards to competition law and consumer protection legislation, with a view to foster innovation and healthy competition in online markets while maintaining a safe environment for consumers;
Amendment 868 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the up- coming Internal Market Sstrategy and urges the Commission to also focus on identifying possible gaps in terms of consumer protection;
Amendment 869 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the upcoming Internal Market Strategy and stresses the importance of ensuring that all platforms are fully accessible for disabled users;
Amendment 887 #
2015/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, including possible abuses; also encourages the Commission to examine the issue of employment rights of workers within the sharing economy and highlights the necessity of ensuring full adherence to employment and social rights and insurance rules by companies operating in the sharing economy;
Amendment 902 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that particularly business models of the sharing economy foster more and more flexible and atypical employment schemes, which may on the one hand allow for more flexibility and a better work-life balance in the EU where life expectancy is high and will become even higher, but on the other hand my also increase the number of precarious working conditions, most importantly through an ever higher number of solo- self-employed contractors; calls on the Commission and Member States to provide improved social security schemes in order to protect those who find themselves in precarious and exploitive solo-self-employment;
Amendment 905 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to take into consideration the ever-widening phenomena of crowdworking and crowdsourcing which further decentralises income tax liabilities, limits the possibilities of workers/contractors in this area to organise and undermines national and European social and labour standards; calls on the Commission to develop minimum labour and social standards for crowdworkers;
Amendment 98 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67b. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by a large majority in this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 99 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 c (new)
Paragraph 67 c (new)
67c. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 26 #
2015/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas UTPs occur where there is a lack of economic balance in trading relations between partners in the food supply chain, resulting from bargaining power and income disparities in business relations and constituting a serious disturbance to market balance;
Amendment 146 #
2015/2065(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes the serious misuse of basic foods as "loss leaders" by large scale retailers and the risks posed by this activity to primary food producers and the threat to the long term sustainability of European production of such items;
Amendment 153 #
2015/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Supply Chain Initiative and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be further developed and promoted; encourages producers and traders, particularly by securing full anonymity of complaints and robust sanctions regime; encourages producers and traders, including farmers' organisations, to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs;
Amendment 177 #
2015/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that action to combat UTPs will help to ensure the proper functioning of the internal market and, to develop cross- border trading within the EU and with third countries and to bring equity into the food supply chain, particularly for farmers and primary producers but also for consumers;
Amendment 184 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes that short food supply chains have generally lower risk of UTPs' occurrence and are better for the environment; demands comprehensive action from the Commission to promote and facilitate short, local and sustainable food supply chains;
Amendment 197 #
2015/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and properstrong and effective enforcement of the relevant legislation to protect all enterprises in the food supply chain, irrespective of geographical location, are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 269 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Is convinced that consumer awareness is fundamental to address the problems resulting from imbalances in the food supply chain, including UTPs; calls on all stakeholders involved in food supply chain management to step up transparency in the overall food supply chain, increase consumer information by more adequate product labelling and certification schemes in order to enable consumers to make fully informed choices about available products and to act accordingly;
Amendment 318 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is concerned about the Commission report which does not take into account many findings of the study, notably with regard to the assessment of voluntary approaches;
Amendment 322 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Regrets that no concrete case has been examined to assess the SCI role in tackling unfair trading practices;
Amendment 323 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets that some of the dispute resolution options promoted by the SCI have not yet been used in practice and the assessment of their effectiveness has been based more on "theoretical" judgments rather than on empirical observation;
Amendment 324 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Rather than simply encouraging some improvements in the SCI, stresses that study evaluating the effectiveness of the SCI highlights a broad range of its shortcomings – lack of trust from external experts and organisations, weaknesses in governance, under-representation of SMEs, limitations in transparency and no enforcement measures and penalties;
Amendment 325 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Stresses the evaluation of the study which concludes that SCI has very limited powers to directly enforce measures to address UTPs, notably due to the lack of effective deterrents against unfair behaviour;
Amendment 326 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Believes, that current voluntary framework's dispute resolutions should remain available for all suppliers who are not concerned about their anonymity and may usefully evolve as an educational and best practices sharing platform;
Amendment 327 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Regrets that study assessed only 4 national voluntary initiatives; points out that only one of those is generally considered as effective and adequate; on the contrary, another one has been negatively affected by serious weaknesses and no disputes have been brought before the board to date;
Amendment 328 #
2015/2065(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Points out that recent study findings do not bring the evidence for the Commission's evaluation statement that voluntary initiatives seem to work better in some countries than in others, and that the Commission should seriously take into account several rather negative national experiences with voluntary agreements in order to move towards establishing concrete legislative and enforcing measures to prevent unfair trading practices;
Amendment 339 #
2015/2065(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out, following the recent Commission study main findings on the Supply chain initiative, that more than 20 Member States have introduced legislation to combat UTPs or are planning to do so in the near future; welcomes that Commission report identifies a number of specific areas to be improved in this regard; believes, that this set of best practices should serve as a basis for effective and transparent framework of legislative and enforcement measures in the EU;
Amendment 372 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes results of the study, where survey respondents indicated as the most preferred approaches in tackling UTPs the combination of voluntary initiatives and public enforcement (33% of total answers) or a specific legislation at EU level (32%); on the other side, reliance on voluntary initiatives alone at national (4%) or EU level (9 %) resulted to be the less preferred approach;
Amendment 373 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Believes that in order to reduce UTPs effectively, the Commission should take concrete measures to create common binding rules and should establish or appoint a network of national enforcement authorities which operate according to minimum principles and enforcement standards developed at the EU level;
Amendment 375 #
2015/2065(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Welcomes that the Commission finds it necessary to ensure that UTP legislation covers operators from non-EU countries; Believes that clear and transparent rules at the EU level would facilitate fair trading practices towards third countries traders;
Amendment 378 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is convinced that functioning enforcement mechanisms should be accessible to all market operators in the food supply chain, regardless of geographical origin;
Amendment 379 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that the scope of enforcement should cover entire supply chain both inside Europe and overseas in order to positively contribute to the overall sustainability of the food production; suggests coordinated enforcement across the EU to discourage market players from moving their purchasing department to low-enforcement countries to continue with UTPs;
Amendment 380 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on Member States without a competent enforcement authority to consider establishment of enforcement authority and provide it with the power to supervise and enforce measures necessary to tackle UTPs;
Amendment 381 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Points out that existing fragmented and low enhanced cooperation within different national enforcement bodies is not sufficient to address cross-border challenges regarding UTPs;
Amendment 382 #
2015/2065(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Highlights that the enforcement authorities should have a number of different enforcement measures and different range of sanctions at their disposal to allow, according to the gravity, flexibility of response; believes that these measures should aim at changing behaviour and deterrence;
Amendment 74 #
2015/0288(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 75 #
2015/0288(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 87 #
2015/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) This Directive should guarantee a high level of consumer protection, to provide consumers with appropriate reassurance when they are wishing to enter into cross-border contracts. These rules should maintain or improve upon the level of protection that consumers enjoy at present under national or Union law.
Amendment 91 #
2015/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Existing disparities may adversely affect businesses and consumers. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council40 , businein relation to contract law in different Member States may adversely affect businesses and consumers, in addition to other key regulatory and non-regulatory issues directing activities to consumers in other Member Stasuch as tax laws, delivery network issues, payment systems need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced with additional costs. Consequently many businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross-border e-commerce resand language barriers. However, the main difficulties encountered by consumers and the main source of disputes with sellers concern the non-conformity of goods with the contract. It is therefore necessary to improve consumer confidence in the internal market by providing for a high level of consumer protection and a modernised legal regime for the sale of consumer goods and associated guarantees. Those rultes in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _________________ 40 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) OJ L177, 4.7.2008, p.6may provide an appropriate legal framework whilst still allowing Member States flexibility in implementation to improve protection for consumers.
Amendment 105 #
2015/0288(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) The definition of consumer should cover natural persons who are acting outside their trade, business, craft or profession. However, in the case of dual- purpose contracts, where the contract is concluded for purposes partly within and partly outside natural person's trade, business, craft or profession and the trade or equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered to be a consumer. In order to determine whether a natural person is acting fully or partly for purposes which come within that person's trade, business, craft or profession, the way in which the person in question has acted towards the other contracting party should be taken into account.
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 129 #
2015/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. Member States should also be free to provide more detailed conditions in relation to aspects regulated in this Directive to the extent those are not fully harmonised by this Directive: this concerns limitation periods for exercising the consumers' rights, commercial guarantees, and the right of redress of the seller, and its implementation should under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 143 #
2015/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) A large number of consumer goods are intended to be installed before they can be usefully usedd in practice by the consumer. Therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller's control, as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions.
Amendment 144 #
2015/0288(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Conformity should cover material defects as well as legal defects. Third party rights and other legal defects might effectivelyshould not bar the consumer from enjoying the goods in accordance with the contract when the right's holder rightfully compels the consumer to stop infringing those rights. Therefore the seller should ensure that the goods are free from any right of a third party, which precludes the consumer from enjoying the goods in accordance with the contract.
Amendment 148 #
2015/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) While freedom of contract with regard to the criteria of conformity with the contract should be ensured, iIn order to avoid circumvention of the liability for lack of conformity and ensure a high level of consumer protection, any derogation from the mandatory rules on criteria of conformity and incorrect installation, which is detrimental to the interests of the consumer, shall not be valid only if the consumer has been expressly informed and has expressly consented to it when concluding the contract.
Amendment 151 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For theose purposes, product specific Union legislation, such as Council Directive 85/374/EEC1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector specific legislation. In so far as sproduct liability legislation. Specific durability information ishould be indicated in any pre- contractual statement which forms part of the sales contract, the consumwhich should be part of the criteria for conformity. Furthermore, sellers should be able to rely on them as a part of the criteria for conformityinform consumers about the availability of spare parts which are necessary for the use of the product. _________________ 1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 154 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Considering that the seller is liable towards the consumer for any lack of conformity of the goods resulting from an act or omission of the seller or a third party, it is justified that the seller should be able to pursue remedies against the responsible person in earlier links of the chain of transactions.
Amendment 155 #
2015/0288(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, in particular by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 156 #
2015/0288(COD)
Proposal for a directive
Recital 23 c (new)
Recital 23 c (new)
(23 c) The liability of producers in these circumstances should be construed as deriving from a clause enforceable against the producer as a contractual guarantee, a breach of which would trigger a claim for damages for non- conformity. For the purposes of this approach, this Directive should include an appropriate definition of 'producer’.
Amendment 160 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products, the principle of free choice of remedies should be harmonised.
Amendment 167 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 190 #
2015/0288(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. It is also important that Member States continue to be mindful of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice, including through claiming remedies collectively where appropriate.
Amendment 195 #
2015/0288(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In the light of the significance of the issues and rights addressed in this Directive for the internal market and for consumers and citizens of the Union, this Directive should be subject to close scrutiny and review, to include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level.
Amendment 198 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and other distance sales of goodimprove the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 202 #
2015/0288(COD)
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope, scope and objectives
Amendment 208 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive aims to improve the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders.
Amendment 221 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'consumer’' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; where the contract is concluded for a purpose which is partly within and partly outside that natural person's trade, business, craft or profession or an equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person shall also be considered to be a consumer;
Amendment 222 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf or as an intermediary for a natural person, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive;
Amendment 223 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer', in relation to goods, means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product, holds himself out to be its producer;
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 237 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce provisions diverging from those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protection. may adopt or maintain in force more stringent provisions than those laid down in this Directive for the protection of consumers, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 240 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national laws governing contractual or non-contractual liability.
Amendment 242 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be ofpossess the quantity, quality of and description required by the contract, which includes that where the seller shows acorrespond to the description of the sample or model thereof; where a contract is concluded by reference to a sample or model of the goods that is seen or examined by the consumer before the contract is concluded, the goods shall: (i) match the sample or a model to the consumer, the goods shall possesexcept to the extent that any differences between the sample or model and the goods are brought to the consumer's attention before the contract is concluded; and (ii) be free from any defect that renders their quality of and correspond to the descripunsatisfactory and that would not be apparent on a reasonable examination of thise sample or model;
Amendment 246 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted; and
Amendment 250 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any agreement excluding, derogating from or varying the effects of Articles 5 and 6 to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods and the consumer has expressly accepted this specific condition when concluding the contractshall be invalid.
Amendment 255 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The goods shall, where relevantapplicable:
Amendment 258 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type, including in relation to appearance, safety and freedom from all defects, which are satisfactory and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 262 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) by the time of conclusion of the contract the statement had been corrected and the consumer could not reasonably have been unaware of that correction; or
Amendment 265 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Pre-contractual information Where the provisions of Directive 2011/83/EU require the seller to provide information to the consumer before the contract becomes binding, any of that information that was provided by the seller other than information about the main characteristics of goods shall be deemed to be included as a term of the contract.
Amendment 274 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation, but in any caseeing not later than 30 days after the time indicated in paragraph 1, shall be considered as the time when the consumer has acquired the physical possession of the goods, save where the complexity of the installation requires a longer time.
Amendment 288 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose any of the following remedies: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a proportionate price reduction in accordance with Article 12; (c) terminating the contract in accordance with Article 13.
Amendment 290 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any case within 30 days from the moment the seller has acquired physical possession of the goods, and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 295 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 312 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Those national remedies may apply: (a) in addition to the remedies provided for by this Article, but not so as to allow the consumer to recover twice for the same loss; or (b) instead of the remedies provided for by this Article; or (c) where no such remedy is provided for by this Article.
Amendment 331 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The reduction of price shall be proportionate toappropriate and reasonable, and, where possible, proportionate taking into account the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract.
Amendment 341 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to Article 9, the consumer may terminate the contract only in relation to those goods and any other goods, which the consumer acquired as an accessory to or in conjunction with the non-conforming goods.
Amendment 358 #
2015/0288(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Short-term right to reject Without prejudice to any other rights under this Directive or otherwise, the consumer shall have a right to reject goods for non-conformity with the contract by returning them within 30 days of receipt.
Amendment 363 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 or from the date on which the applicable prescription period starts to run, whichever is the later. After two years from that date, the consumer may still be entitled to a remedy for lack of conformity to the extent that he or she can establish that any fault which develops was inherent in the goods at the time of purchase. If, under national legislation, remedies for the lack of conformity with the contract under this Directive are subject to a limitaprescription period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 385 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of technical or other durable goods shall indicate to the seller and the consumer the lifespan of the goods. The indicated timeframe shall reflect the reasonable expectations of the consumer and shall not be shorter than two years unless justified by the particular nature of the goods concerned. 2. Where goods do not conform to their lifespan as specified in accordance with paragraph 1, this shall be construed as a breach enforceable by the consumer directly against the producer as a contractual guarantee, which may give rise to remedies for non-conformity.
Amendment 394 #
2015/0288(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Information requirement on spare parts and accessories The seller shall inform the consumer in a clear and intelligible manner of the existence of any spare parts or accessories available on the market and necessary for the use of the goods sold.
Amendment 396 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce those rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 397 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include but shall not be limited to:
Amendment 398 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 399 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 400 #
2015/0288(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller's attention by the consumer shall not be binding on the consumer unless parties to the contract exclude, derogate from or vary the effects of the requirements of Articles 5 and 6 in accordance with Article 4 (3).
Amendment 409 #
2015/0288(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Review 1. The Commission shall keep the application and implementation of this Directive under close scrutiny and review. This process shall include meaningful and detailed consultation and involvement of the Member States and of consumer, legal and business organisations at Union level. 2. No later than (...), the Commission shall submit a report to the European Parliament and to the Council taking full account of the process of scrutiny and review referred to in paragraph 1. That report shall include, inter alia, a detailed analysis of the impact of provisions of this Directive on the burden of proof in Member States.
Amendment 79 #
2015/0287(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 80 #
2015/0287(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 82 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protect and digital services as a common platform for all Member States while recognising Member States' competences within the Union, is necessary.
Amendment 94 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstaclre an essential pre-condition for a learning process which hinder the development of the supply of digital content, as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for theithin the European Union, whereas a maximum harmonisation approach would bear the risk of making contractual law non-responsive to swift technological or behavioural developments and changes. This is because maximum harmonisation would prevent Member States from adopting more stringent rules in their national laws and thus prevent them from quickly and adequately responding to new business practices detrimental to consumers. Suppliers willing to supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing these contracts. In those Member States where there are not yetnd digital services cross-border would benefit highly from the European Union's harmonisation efforts, despite a minimum harmonisation approach, as only very few Member States possess specific rules foron the supply of digital content, traders willing to sell cross-border face uncertainty, as they will often not know which rules apply to digital content and digital services. This gives the Union the opportunity to harmonise this area of law and set common (high) standards, while acknowledging theat Member State thes may want to export to, nor the content of those rules and whether they amaintain certain national provisions. Business-to-business transactions are regulated differently in each Member State and should re mandatory.in outside the scope of this Directive ;
Amendment 110 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rulehigh common standards for the supply of digital content and digital services setting out Union-wide contractual rights which are essential for this type of transactioncreate an equal playing field for various actors.
Amendment 120 #
2015/0287(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Fully harmonised consumer contract law rules in all Member States will make it easier for businesses to offer digital content cross-border. They will have a stable contract law environment when selling online and otherwise at a distance to other Member States. Fully harmonised rules specific for digital content throughout the EUMinimum standards on a high level of consumer protection will premove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content. They will also prevent legal fragmentation that otherwise would arise fvent obstructions of the four freedoms in the area of the supply of digital content and digital services while leaving room newfor national legisldeviations regulating specifically digital content matters and without endangering the harmony of national contractual law.
Amendment 128 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Consumers willalready benefit from fully harmonisedthe European Union's past harmonisation efforts and will profit greatly from common rights for digital content and digital services at a high level of protection. They will have clear rights when they receive or access digital content and digital services from anywhere in the EU. This will increase their confidence in buyaccessing digital content. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services.
Amendment 136 #
2015/0287(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should fully harmonise a set of key rules that are so far not regulated at Union level while leaving room for regulatory competition. It should include therefore rules on conformity of the digital content and digital services, remedies available to consumers in cases of lack of conformity of digital content and digital services with the contract and certain modalities for the exercise of those remedies. This Directive should also harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content.
Amendment 144 #
2015/0287(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 168 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a duratangible medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporatingdigital content integrated in goods such as household appliances, toys and storage devices where that digital content is embedded in such a way that the goods function only as a carrier of the digital content. Theit operates as an integral part of the goods and cannot easily be un- installed by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the good. To the same avail, this Directive should also apply to the digital content supplied on a durable medium, independently whether it is soldgoods such as DVDs and CDs, incorporating digital content in such a way that the goods function only ats a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. Thecarrier of the digital content, unless the seller proves that the lack of conformity lies in the hardware of the good. Directive 2011/83 should continue to apply to those goods, including tohe obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. Theis Directive is also without prejudice to the distribution right applicable to theose goods under copyright law.
Amendment 181 #
2015/0287(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The protection of natural persons in relation to processing of their personal data is a fundamental right. If a provision of this Directive conflicts with a provision of Regulation (EU) 2016/6791a the provision of that Regulation should take precedence over this Directive. The implementation and application of this Directive should be made in full compliance with the legal framework in the field of personal data and should supplement those rules where necessary in order to ensure a parallel protection of personal privacy and the dignity it seeks to secure through contract law. The exercise of rights granted under Regulation (EU) 2016/679 in a contractual context should not be put at risk by possible claims for damages or unjustified enrichment as a consequence of the exercise of those rights, which would go against the spirit of Recital 42 of Regulation (EU) 2016/679, which states that „(c)onsent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment." _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Amendment 238 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where tThe contract does notshould stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content and digital services with the contract, i. It is also necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content or digital services of the same description would normally be used.
Amendment 256 #
2015/0287(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to avoid a potential gap for contracts for the supply of digital content and digital services, the conditions for any binding commercial guarantees, notably pre-contractual information, advertising and guarantee statements should be laid down.
Amendment 261 #
2015/0287(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Due to the specific nature of digital content with its high complexity as well as the supplier's better knowledge and access to know how, technical information and high-tech assistance, it is the supplier who is in a better position than the consumer to know the reasons for the digital content or digital service not being in conformity with the contract. The supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer's digital environment with the technical requirements for the digital content. Therefore, in case of a dispute, it should be for the supplier to prove that the digital content is in conformity with the contract, unless the supplier proves that the consumer's digital environment is not compatible with the digital content. Only where the supplier proves that the consumer's digital environment is not compatible with the interoperability and other technical requirements, it should be for the consumer to prove that the digital content is not in conformity with the contract.
Amendment 266 #
2015/0287(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content or digital service is not in conformity with the contract provided that the consumer was informed about this consequence.
Amendment 272 #
2015/0287(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digitalany failure to supply the digital content or a digital service and for the lack of conformity with the contenract. Moreover, given that digital content or digital services may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period.
Amendment 280 #
2015/0287(COD)
Proposal for a directive
Recital 35
Recital 35
(35) A failure ofWhere the supplier fails to supply the digital content or a digital service to the consumer in accordance with the contract is a serious breach of the main contractual obligatthe consumer should call to make the supply within an additional and appropriate periond of the supplier, whichime. Any failure to supply within this additional period of time should allow the consumer to immediately terminate the contract. Where the supplier has initially not failed to supply the digital content or digital services, interruptions of the supply making the digital content or digital services not available or accessible to the consumer over a short period of time should be treated as non-conformity with the contract, and not a failure to supply. In particular, the requirement of proper continuity of the digital content should also cover more than negligible short term interruptions of the supply.
Amendment 283 #
2015/0287(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 290 #
2015/0287(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) This Directive should grant consumers throughout the European Union a new and unrivalled freedom in choosing remedies. A consumer should be able to require the seller to bring the digital content or digital service into conformity with the contract either through repair of the defects in the digital content or digital service or the smart good in which they are embedded or through replacement of the defective good with a conforming one. But more importantly, the consumer should be able to turn down any offer by the supplier to cure so as to require price reduction or termination of the contract. The consumer should be able to decide whether or not to give the supplier a chance to cure the defects, and in which way the supplier should cure the defects, according to his own preference. Repair or replacement might be preferable if a consumer thinks the value of the defective product is great, for example because the products are unique or the market prices of the products have gone up.
Amendment 294 #
2015/0287(COD)
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non-conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, wWhere the digital content is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to acstop processing it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter-performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 307 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from ustop processing the content generated by the consumer. However, in those cases where more than one consumer generated particular content, the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it.
Amendment 326 #
2015/0287(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Considering the need to balance legitimate interests of consumers and suppliers, where the digital content or a digital service are provided over a period of time in exchange for a payment of a price, gives rise to the right to terminate, the consumer should be entitled to terminate only the part of the contract which corresponds to the time when the digital content or digital service was not in conformity with the contract. However where the digital content or digital service is provided against data as a counter- performance other than money partial termination is not feasible because it is impossible to proportionally apportion a counter- performance other than money.
Amendment 330 #
2015/0287(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Due to its nature the digital content or a digital service, except when supplied as embedded software or ancillary software to a tangible good, is not subject to wear and tear while being used and it is often supplied over a period of time rather than as a one-off supply. It is, therefore, justified not to provide a period during which the supplier should be held liable for any lack of conformity which exists at the time of the supply of the digital content. Consequently Member States should refrain from maintaining or introducing such a period. Member States should remain free to rely on national prescription rules in order to ensure legal certainty in relation to claims based on the lack of conformity of digital content.
Amendment 359 #
2015/0287(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Directive 1999/44/EC of the European Parliament and of the Council35 [1] should be amended to reflect the scope of this Directive in relation to a duragoods in which digital content or a digital service is embedded and in relation to a tangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer. _________________ 35[1] OJ L 171,7.7.1999, p.12. .
Amendment 364 #
2015/0287(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
Amendment 369 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requiremene purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects concerning contracts for the supply of digital content or digital services to consumers, in particular rules on conformity of digital content with the contract, remedies in case of the lack of such conformity and the modalities for the exercise of those remedies as well as on modification and termination of such contracts.
Amendment 410 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'damages' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environmentmaterial and non- material damage;
Amendment 419 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. "data as counter-performance" means personal data or other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or digital service supplied, and which the supplier or a third party uses, on the basis of the consumer's consent or otherwise.
Amendment 452 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paidor undertakes to supply digital content or a digital service to the consumer in exchange for payment of a price and/or personal data or othe consumer actively provides counter-pr data provided by the consumerf ormance other than money in the form of personal data or any other data collected by the supplier or a third party.
Amendment 464 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentgoods in which a digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall also apply to tangible media which serve exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium.
Amendment 488 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) electronic communication services as defined in Directive 2002/21/EC;, with the exception of number-independent interpersonal communication services which are covered by this Directive.
Amendment 535 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content or digital service immediately after the conclusion of the contract, unless the parties have agreed otherwise. The supplyier shall be deemed to take place when the digital content is suppliedhave fulfilled his obligation to supply when the digital content or digital service is made available or is accessible to the consumer or, where point (b) or (c) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlierapplicable.
Amendment 541 #
2015/0287(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 617 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time tThe digital content is supplied to the consumer, theor digital contentservice shall be free ofrom any restriction resulting from any right of a third party, including based on intellectual property, so that rights, that may prevent the consumer using the digital content can be usedor digital service in accordance with the contract.
Amendment 634 #
2015/0287(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 635 #
2015/0287(COD)
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8 b Commercial guarantees for lifespan 1. The producer of a technical good in which digital content or a digital service is embedded shall guarantee to the consumer the fitness of the product for its foreseeable minimum life span and indicate how long this life span is. The indicated timeframe shall not be shorter than the legal prescription period of the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. When the producer does not fulfil his obligations according to paragraph 1, he shall have the same obligations to the consumer as the supplier.
Amendment 650 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content or digital service and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 656 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determascertaine the consumer's digital environment in order to be able to establish whether the lack of conformity existed at the time of supply. The obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer. Only in exceptional and duly justified circumstances where there are no other means available the consumer shall grant the supplier upon request virtual access to the consumer's digital environment. Where the consumer fails to cooperate, the burden of proof with respect to the non- conformity with the contract shall be on the consumer.
Amendment 664 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) any failure to supply the digital content or digital service in accordance with Article 5 and Article 11 (1);
Amendment 668 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) any lack of conformity with the contract (i) which exists at the time the digital content is supplied; andor digital service is supplied; or (ii) where the contract provides that the digital content or digital service shall be supplied over a period of time, any lack of conformity which occurs during the duration of that period.
Amendment 693 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the supplier has failed to supply the digital content or the digital service in accordance with Article 5 the consumer shall be entitled to terminate the contract immediately under Article 13.
Amendment 695 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The first paragraph shall not be applicable where the supplier has refused to supply the digital content or digital services or where supply within the agreed period is essential taking into account all the circumstances attending the conclusion of the contract or where the consumer informs the supplier, prior to the conclusion of the contract, that supply by or on a specified date is essential. In those cases, if the supplier fails to supply at the relevant time pursuant Article 5(2), the consumer shall be entitled to terminate the contract immediately.
Amendment 699 #
2015/0287(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a In the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to choose between the following remedies: (a) have the digital content or digital service brought into conformity with the contract, in accordance with Article 12a; (b) be entitled to a price reduction, in accordance with Article 12b; (c) terminate the contract, in accordance with Articles 13, 13a and 13b.
Amendment 700 #
2015/0287(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 706 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In the case of a lack of conformity with the contract, the consumer shall be entitled to have the digital content or digital service brought into conformity with the contract free of charge, unless this is factually or legally impossible, disproportionate or unlawful.
Amendment 709 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Bringing the digital content or digital service into conformity with the contract shall be deemed to be disproportionate where the costs it imposes on the supplier are unreasonable. The following shall be taken into account when deciding whether the costs are unreasonable:
Amendment 714 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point a
Article 12 – paragraph 1 – subparagraph 2 – point a
(a) the value the digital content or digital service would have if it were in conformity with the contract; and
Amendment 722 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point b
Article 12 – paragraph 1 – subparagraph 2 – point b
(b) the significance of the lack of conformity with the contract for attaining the purpose for which the digital content or digital service of the same description would normally be used.
Amendment 727 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The supplier shall bring the digital content or digital service in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer, taking account of the nature of digital content and the purpose for which the consumer required this digital content.
Amendment 732 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The consumer shall be entitled to ewither a proportionate reduction of the price in the manner set out in paragraph 4 where the digital content is supplied in exchange for a payment of a price, or terminate the contract under paragraph 5 and Arthold the payment of any outstanding part of the price, or where the non- conformity is minor, an appropriate proportion of the outstanding amount of the price, until the supplier has brought the digital content or digital service into conformity with the contract. Where the digital content or digital service is to be supplied over a period of time, and for a period the digital content or digital service did not conform to the contract, the consumer may withhold payment of the pricle 13, whereby an appropriate amount.
Amendment 737 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
Amendment 740 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 744 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
Amendment 746 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
Amendment 750 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 755 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 769 #
2015/0287(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12 b Price reduction 1. As an alternative remedy to bringing into conformity, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 2 where the digital content is supplied in exchange for a payment of a price. 2. The reduction in price shall be proportionate to the decrease in the value of the digital content or digital service which was received by the consumer compared to the value of the digital content or digital service would have if it were to be in conformity with the contract. 3. Where the digital content or digital service is to be supplied over a period of time, and for a certain period the digital content or digital service did not conform to the contract, the consumer shall be entitled to a price reduction proportionate to the period during which the digital content or digital service did not work conform to the contract. 4. The supplier shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the supplier was informed of the consumer's decision to invoke his right for a price reduction. The supplier shall give the refund using the same means of payment as the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees otherwise. The supplier shall not impose any fee on the consumer in respect of the refund.
Amendment 772 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansAs an alternative remedy to bringing into conformity or price reduction, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and causes or may cause a substantial effect on the consumer's use or enjoyment of the digital content or digital service. The burden of proof that the lack of conformity with the contract does not have substantial effect on the consumer's use or enjoyment of the digital content or digital service shall be on the supplier.
Amendment 786 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 789 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 801 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 813 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
Amendment 815 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
Amendment 824 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 830 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 836 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract, the consumer mayshall be entitled to terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contractfrom the date on which the digital content or digital service ceased to be in conformity with the contract, unless the lack of conformity with the contract is such as to justify termination of the contract as a whole.
Amendment 839 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The consumer shall exercise the right to terminate the contract by an unequivocal statement setting out his decision to terminate the contract.
Amendment 841 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 845 #
2015/0287(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 851 #
2015/0287(COD)
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13 b Obligations of the consumer in the event of termination 1. In the event of termination, where the digital content or digital service was not supplied on a tangible medium, the consumer shall refrain from using the digital content or making it available to third parties, in particular by deleting the digital content or rendering it otherwise unintelligible. 2.Where the digital content or digital service was supplied on a tangible medium or embedded in a good, the consumer shall (i) upon the request of the supplier, return, at the supplier's expense, the durable tangible medium or the good to the supplier without undue delay, and in any event within 14 days from the receipt of the supplier's request; and (ii) delete any usable copy of the digital content, render it unintelligible or otherwise refrain from using it or making it available to third parties. 3.The consumer shall not be liable to pay for any use made of the digital content or the digital service in the period prior to the termination of the contract.
Amendment 853 #
2015/0287(COD)
Proposal for a directive
Article 13 c (new)
Article 13 c (new)
Amendment 870 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The consumer's right to damages under paragraph 1 shall be without prejudice to any other rights to damages under the applicable national law.
Amendment 906 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Where the consumer chooses to remain on his or her present version of digital content or digital service, the supplier shall no longer be obliged to provide for features that have a service included in the contract for the digital content or digital service which have been rendered inaccessible or un-unusable to the consumer by the consumer's refusal to integrate the modification in to their digital environment, until such time as the consumer chooses to integrate that modification.
Amendment 918 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the contract provides for the supply of the digital content for an indeterminate digital service for a fixed period or whlongere the initial contract duration or any combination of an 6 months or where any combination of subsequent contracts or renewal periods exceed 126 months from the moment of conclusion of the initial contract, the consumer shall be entitled to terminateend the contract any time after the expiration of the first 126 months period.
Amendment 964 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end- use license to the consumer. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 969 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 973 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 977 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4
Article 1 – paragraph 2 – point b – indent 4
- a duratangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer as referred to in Directive (EU) N/XXX39 . _________________ 39 Directive (EU) N/XXX of the European Parliament and of the Council of …. on contracts for the supply of digital content (OJ …)
Amendment 978 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1 – indent 1 (new)
Article 20 – paragraph 1 – indent 1 (new)
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4 a (new)
Article 1 – paragraph 2 – point b – indent 4 a (new)
- goods in which a digital content or is embedded, unless the supplier proves that the lack of conformity lies in the hardware of the good."
Amendment 980 #
2015/0287(COD)
1 a. In the Annex to Directive 93/13/EC, the following points are added in paragraph 1: "(qa) enabling the supplier to unduly limit the interoperability of digital content or a digital service with hardware and other digital content or digital services; (qb) requiring the consumer to conclude an additional contract for the supply of digital content or a digital service or a contract pertaining to hardware with the seller or a third party; (qc) circumventing by contractual means the rights of the data subject under Regulation (EU) 2016/679 governing the protection of consumers' personal data."
Amendment 99 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) As a response toGun related-crimes, including the recent terrorist acts which, demonstrated gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rules. In response, the "European Agenda on Security" adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called for the revision of that Directive and for a common approach on the deactivation of firearms to prevent reactivation and use by criminals.
Amendment 104 #
2015/0269(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvementshould be improved to address the trafficking and illegal ownership of firearms in the Union and reduce the use of such firearms for criminal means.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation and registration by the Member State concerned and provided that those firearms have been deactivatedmeasures are in place in order to avoid any risk to public security or public order and that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorized access to such firearms.
Amendment 175 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Since cCollectors have been identified as a possible source of traffic of firearms, they should be covered by this Directivthe same rights as other users covered by Directive 91/477/EC and should therefore be included in its scope.
Amendment 179 #
2015/0269(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Since brokers provide services similar to those of dealers, they should also be covered by this Directive and should be subject to the same obligations as dealers in all relevant respects.
Amendment 187 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearms.
Amendment 233 #
2015/0269(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Transitional measures should be provided for some of the new measures introduced on firearms in category A in order to avoid problems of implementation.
Amendment 234 #
2015/0269(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) This Directive should not limit the practice of sport activities, for which Member States may permit strictly limited exemptions for reasons of sport training and competitions.
Amendment 239 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introducFor the purpose of identifying and tracing each firearm and essential component, common Union rules on marking should be introduced to ensure that all essential components are irreversibly marked.
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 285 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive 91/477/EEC and by maintaining them under the category to which they respectively belonged before their transformation. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted in order to ensure that they cannot be converted into firearms.
Amendment 323 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, framechamber, loader, frame, body, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firingor other mechanism for containing the pressure of discharge at the rear of the chamber of a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 327 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in any of the following: (a) buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or importing from or exporting to a third country fully assembled firearms, their parts and; (b) buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or importing from or exporting to a third country components of firearms; (c) buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or importing from or exporting to a third country ammunition.;
Amendment 350 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1f
Article 1 – paragraph 1f
1f. For the purposes of this Directive, "alarm and signal weapons" shall mean portable devices with a cartridge holder having a gas exit to the front, aside or on the top, which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks, irritants, other active substances or pyrotechnic ammunitionsignalling devices.
Amendment 354 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1g
Article 1 – paragraph 1g
1g. For the purposes of this Directive, "salute and acoustic weapons" shall mean firearms specifically converted for the sole use of firing blanks, for use in theatre performances, photographic sessions, movies and television recordings.
Amendment 371 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way, in accordance with Implementing Regulation (EU) 2015/2403.
Amendment 374 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parcomponents of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 392 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of parcomponents of firearms;
Amendment 413 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, when in accordance with national law, by the armed forces, the police, the or authorised public authorities. Nor shall it apply, when in accordance with national law, to commercial transfers of weapons and ammunition of war.
Amendment 419 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or partessential component thereof placed on the market: (a) has been marked and registered in compliance with this Directiveprovided with a unique marking, which is clear and permanent; and (b) that marking is registered in compliance with this Directive without delay after manufacture or import into the Union. The Commission shall adopt implementing acts establishing technical specifications for the marking. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13b.
Amendment 431 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any essential component, whether part of an assembled firearm or partnot, placed on the market has been irreversibly marked and registered in compliance with this Directive.
Amendment 453 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and essential component, Member States shall, at the time of manufacture of each firearm or at the time of import to the Unionr import into the Union of each firearm or essential component, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 459 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 481 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall makregulate the pursuit of the activity of dealers or brokers within their territory, making it conditional upon authorisation on the basis of at leastthe following measures: (a) registration of brokers and dealers operating within their territory; (b) licensing or authorisation of the activities of brokers and dealers; (c) a check of the private and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 488 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This at data-filing system shall record each firearm's type, make, model, calibre and serial numberall information relating to firearms which is needed in order to trace and identify those firearms. That information shall include each firearm's type, make, model, calibre and serial number, and any conversions or modifications to a firearm, including its certified deactivation or destruction and the date thereof, as well as the names and addresses of the supplier and theof each person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of, including the dates of acquisition and, where applicable, the end of possession or transfer to another person. The current records relating to each firearm and the person possessing it shall be immediately accessible to all authorised authorities. All records relating to the firearm shasll been certified by the competent authorities maintained in an electronically retrievable format for an indefinite period after certified deactivation or destruction.
Amendment 502 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b
Article 4b
Amendment 529 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicative of such danger.
Amendment 585 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 608 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided that effective measures are in place to avoid any risk to public security or public order and provided that the firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms. Member States shall establish a register of all such authorised bodies and of the firearms in their possession classified in category A.
Amendment 645 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 651 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
(6a) The following Article is inserted: "Article 6a Transitional measures Member States may allow firearms classified in category A6 or category A7 and legally acquired and registered before... (the date of the entry into force of this Amending Directive) to be: (a) kept by the legal owner under the storage condition referred to in Article 10ba; or (b) inherited; or (c) acquired by authorised bodies."
Amendment 710 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 769 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanismwith one or more of the following characteristics: (a) allowing the user to fire more than 11 rounds without reloading, if a magazine with a capacity exceeding 10 cartridges is connected to the firearm; (b) having a magazine holding more than 10 rounds; (c) long, but capable of being reduced to a length of less than 60cm without losing functionality, notably by means of a folding or telescoping stock or by a stock that can be removed without using tools;
Amendment 780 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 785 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8 a (new)
Annex I – part II – point A – category A – point 8 a (new)
8a. Any firearm under category A which has been converted into a salute and acoustic weapon.
Amendment 786 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i a (new)
Article 1 – point 13 – point a – point i a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 4
Annex I – part II – point A – category B – point 4
(ia) in category B, point 4 is replaced by the following: "4. Semi-automatic long firearms whose magazine and chamber can together hold more than three but fewer than 12 rounds."
Amendment 800 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms and which are not included in category A."
Amendment 805 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii a (new)
Article 1 – point 13 – point a – point ii a (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 a (new)
Annex I – part II – point A – category B – point 7 a (new)
(iia) in Category B, the following point is added: "7a. Any firearm under category B which has been converted to a salute and acoustic weapon."
Amendment 807 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii b (new)
Article 1 – point 13 – point a – point ii b (new)
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7 b (new)
Annex I – part II – point A – category B – point 7 b (new)
(iib) in category B, the following point is added: "7b. Firearms classified in points 1 to 7 of category A after having been deactivated."
Amendment 816 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replica and reproduction firearms;
Amendment 818 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5 a (new)
Annex I – part II – point A – category C – point 5 a (new)
5a. Any firearm under this category having been converted to salute and acoustic weapons.
Amendment 92 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Regulation (EU) N° 1291/2013
Article 6 – Paragraphs 1, 2, 3 and Annex II
Article 6 – Paragraphs 1, 2, 3 and Annex II
Amendments to Regulation (EU) No Regulation (EU) No 1291/2013 is hereby amended as follows: (1) In Article 6, paragraphs 1, 2 and 3 are replaced by the following: '1. The financial envelope for the implementation of Horizon 2020 is set at EUR 74 328,3 million in current prices, of which a maximum of EUR 71 966,9 million shall be allocated to activities under Title XIX TFEU. The annual appropriations shall be authorised by the European Parliament and by the Council within the limits of the multiannual financial framework. 2. The amount for activities under Title XIX TFEU shall be distributed among the priorities set out in Article 5(2) of this Regulation as follows: (a) Excellent science, EUR 23 897,0 million in current prices; (b) Industrial leadership, EUR 16 430,5 million in current prices; (c) Societal challenges, EUR 28 560,7 million in current prices. The maximum overall amount for the Union financial contribution from Horizon 2020 to the specific objectives set out in Article 5(3) and to the non-nuclear direct actions of the JRC shall be as follows: (i) Spreading excellence and widening participation, EUR 782,3 million in current prices; (ii) Science with and for society, EUR 443,8 million in current prices; (iii) Non-nuclear direct actions of the JRC, EUR 1 852,6 million in current prices. The indicative breakdown for the priorities and specific objectives set out in Article 5(2) and (3) is set out in Annex II. 3. The EIT shall be financed through a maximum contribution from Horizon 2020 of EUR 2 361,4 million in current prices as set out in Annex II.' (2) Annex II is replaced by the text set out in Annex I to this Regulation.rticle 18 deleted 1291/2013
Amendment 94 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Regulation (EU) No 1316/2013
Article 5 – Paragraph 1
Article 5 – Paragraph 1
Amendment 229 #
2015/0009(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Taking into account that creative industries in Europe make a substantial contribution to the EU economy, creating more than €550 billion in value added to the GDP and providing 8.3 million full-time jobs, financing under the EFSI should also foster investment and growth in the creative and cultural sector and strengthen Europe's cultural and creative industries, in particular start- ups, innovative SMEs and creative businesses.
Amendment 262 #
2015/0009(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The EFSI should target projects delivering high societal and economic value. In particular, the EFSI should target projects that promote job creation, long- term growth and competitiveness. The EFSI should support a wide range of financial products, including equity, debt or guarantees, to best accommodate the needs of the individual project. This wide range of products should allow the EFSI to adapt to market needs whilst encouraging private investment in the projects. The EFSI should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money. The requirement for consistency with State aid principles should contribute to such effective and strategic use. With the aim to better protect and reap commercial and economic benefits from EU co-funded initiatives, a set of rules as established in Horizon 2020 concerning the exploitation and dissemination of project results, including their protection through intellectual property, should be respected by the participants of EFSI projects.
Amendment 293 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 321 #
2015/0009(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) When carrying out the tasks conferred on them by this Regulation, the governing bodies of the EFSI (namely, the Steering Board and the Investment Committee) should act independently and in the interests of the EFSI and should not seek or take instructions from any public or private body.
Amendment 347 #
2015/0009(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The Investment Committee should establish a set of transparent, fair and objective criteria for project evaluation, which should be publicly known and which should serve the Investment Committee in their deliberations. The results of the deliberations of the Investment Committee should be publicly known.
Amendment 417 #
2015/0009(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) As national contributions to the EFSI will not be taken into account by the Commission when defining the fiscal adjustment under the preventive and the corrective arm of the Stability and Growth Pact, Eurostat should adopt as soon as possible the rules for the statistical recording and categorisation of Member State contributions to EFSI in order to create predictability and certainty for Member States when they prepare their presentation of their stability and convergence programmes and national reform programmes.
Amendment 571 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The purpose of the EFSI shall be to support investments in the Union and to ensure increased access to financing for companies having up to 3000 employees, with a particular focus on small and medium-sized enterprises, through the supply of risk bearing capacity to the EIB ('EFSI Agreement'), taking into account the considerable financing needs of start- ups, innovative technology-based companies and creative businesses.
Amendment 591 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other third parties within the European Union, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities.
Amendment 672 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point j a (new)
Article 2 – paragraph 1 – subparagraph 1 – point j a (new)
Amendment 695 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The EFSI Agreement shall provide for the creation of a European Investment Advisory Hub ('EIAH') within the EIB. The EIAH shall have as its objective to build upon existing EIB and Commission advisory services in order to provide advisory support for investment project identification, preparation and development and act as a single technical advisory hub for project financing within the Union. This shall include support on the use of technical assistance for project structuring, attracting private sector investment, use of innovative financial instruments, use of public-private partnerships and advice, as appropriate, on relevant issues of EU legislation.
Amendment 722 #
2015/0009(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 3
Article 2 – paragraph 2 – subparagraph 3
The EIAH shall be partially financed by the Union up to a maximum amount of EUR 20 000 000 per year during the period ending on 31 December 2020 for the additional services provided for by the EIAH over existing EIB technical assistance. For the years after 2020 the financial contribution from the Union shall be directly linked to the provisions included in the future multi-annual financial frameworks. The Commission shall make every effort to create synergies between the Union's numerous funding and investment advisory services. The EIAH should be capable of signposting to all other EU funding streams.
Amendment 766 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. When carrying out the tasks conferred on them by this Regulation, the governing bodies of the EFSI referred to in this Article shall act independently and in the interests of the EFSI and shall not seek or take instructions from any public or private body.
Amendment 858 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of sixeight independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance andstructuring and projects financing as well as macroeconomic expertise. The Investment Committee shall encompass a broad range of expertise in various sectors, such as research, development and innovation, SMEs, and transport. It will also contain a mix of long-term and short-term investment expertise. It shall be appointed by the Steering Board for a renewable fixed term of three years.
Amendment 867 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The Investment Committee shall be composed of six independent experts and the Managing Director. Independent experts shall have a high level of relevant market experience in project finance and be appointed by the Steering Board for a renewable fixed term of three years. At least of or more of the investment committee members will have a background in 'investment in education and training' and 'research and development and innovation'.
Amendment 909 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. High quality and up-to-date data is critical to EFSI's success and its analysis. The steering board must, in collaboration stakeholders, agree a framework for the data required to support preparation, assurance and scrutiny of projects. This data collection should be broad enough in scope, and continue for as long as is necessary for independent researchers to properly analyse success or failure and should be publicly available.
Amendment 920 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The EU guarantee shall be granted for EIB financing and investment operations approved by the Investment Committee referred to in Article 3(5) or funding to the EIF in order to conduct EIB financing and investment operations in accordance with Article 7(2). The operations concerned shall be consistent with Union policies andmust support anyt least some of the following general objectives:
Amendment 947 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructure, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital infrastructure, in particular broadband and digital infrastructure for cultural and creative industries;
Amendment 967 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) investment in education and training, health, research and development, information and communications technology and, innovation, creativity and culture;
Amendment 982 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) expansion of renewable energy and energy and resource efficiency, in particular energy efficiency improvement of housing ;
Amendment 996 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
(d) infrastructure projects in the environmental, and natural resources, urban development and social fields; ;
Amendment 997 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point d a (new)
Article 5 – paragraph 2 – subparagraph 1 – point d a (new)
(da) social infrastructures projects in the social field built environment and urban development and services including social housing and public buildings.
Amendment 1006 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) (f) creation of sustainable employment; (g) development of digital infrastructure, information and communications technology and innovation including cultural and creative industries;
Amendment 1076 #
2015/0009(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Public Assets Where private actors will be delivering and maintaining public assets over time, contracts that include an EU guarantee should have clear contractual arrangements to ensure that charges levied are both reasonable and equitable, reflecting appropriate allocation of risk between different parties.
Amendment 1217 #
2015/0009(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The pipeline should be highly visible and user-friendly for all targeted users
Amendment 1222 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The EIB, in cooperation with the EIF as appropriate, shall report semi-annually to the European Parliament, the Council and the Commission on EIB financing and investment operations under this Regulation. The report shall include an assessment of compliance with the requirements on the use of the EU guarantee and the key performance indicators established pursuant to Article 2(1)(g). The report shall also include statistical, financial and accounting data on each EIB financing and investment operation and on an aggregated basis.
Amendment 1303 #
2015/0009(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. In the event that EFSI invests in projects that go against the principles outlined in this document, steering board members will be held accountable by The European Parliament, which may remove board members.
Amendment 1369 #
2015/0009(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In its financing and investment operations, the EIB shall not support any activities carried out for illegal purposes, including money laundering, financing of terrorism, tax fraud and tax evasion, corruption, or fraud affecting the financial interests of the Union. In particular the EIB shall not participate in any financing or investment operation through a vehicle located in a non-cooperative jurisdiction, in line with its policy towards weakly regulated or non-cooperative jurisdictions based on policies of the Union, the Organisation for Economic Cooperation and Development or the Financial Action Task Force. EFSI shall not be used to support the privatisation of public services.
Amendment 1395 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Regulation (EU) No 1291/2013
Article 6, paragraphs 1, 2 and 3
Article 6, paragraphs 1, 2 and 3
Amendment 1438 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Regulation (EU) No 1316/2013
Article 5
Article 5
Amendment 6 #
2014/2256(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Given the importance of creative and cultural industries (CCI) in Europe and, given that employment in cultural industries cannot be easily outsourced, stresses the importance of the role of creative and cultural industries both in job creation and as an engine of growth for the European economy;
Amendment 14 #
2014/2256(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and employment;, thereby contributing to improved competitiveness, enhanced creativity and innovation across several industry sectors.
Amendment 28 #
2014/2256(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Innovation in creativity and technological advances can have a significant impact on people's lives by enabling different groups to communicate creatively and work collaboratively, thereby both improving the existing skills of creative people and creating added value. This contribute to improved competitiveness, employment and innovation across Europe;
Amendment 39 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; stresses that modernised copyright rules should achieve a fair balance between all parties involved: consumers, users, creators and right holders.
Amendment 39 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that common effort should be made in combatting copyright infringements in the EU in order to ensure the protection of copyright and fair remuneration for authors of copyrighted online content;
Amendment 43 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriaten unwaiverable right to fair remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges;
Amendment 54 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the importance of a modern pro-competitive and consumers friendly copyright framework responding to the challenges of the digital environment; recognises the need of a holistic approach in the modernisation of the copyright rules to address the existent market fragmentations in particular for online rights management and to guarantee a safe, adequate and secure environment for consumers, creators and copyright users;
Amendment 58 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to develop a legal framework to strengthen the negotiating and contractual position of authors and performerll creatives in relation to other right holders and intermediaries;
Amendment 63 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that consumers often face various limitations and the notion of consumers' rights in the copyright framework is very often absent; calls on the Commission to assess the effectiveness of the current copyright law from a consumers' perspective and to develop a set of clear and comprehensive consumers' rights;
Amendment 65 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; stresses that territorial fragmentation and differences in limitations and exceptions often create additional legal costs and exacerbate legal uncertainty; highlights that in order to allow equal access to cultural diversity and to improve legal certainty within the internal market and across borders, the Commission should consider making certain optional exceptions and limitations referred to in Directive 2001/29/EC mandatory.
Amendment 68 #
2014/2256(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes, provided that all necessary agreements with the relevant right holders have been reached beforehand; urges the Commission and Member States to provide for an updated exception that allows libraries, archives and museums to make protected works in their collections, that are no more in commercial circulation or otherwise actively managed by their right holders, available for online access by the public;
Amendment 84 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that protection of copyright and related rights must respect technological neutrality; But also notes that the digital environment is not the same as the analogue world and stresses the need to closely examine whether additional or alternative forms of copyright protection are needed to address this;
Amendment 91 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that copyright protection is only as effective as the enforcement measures which protect it. Therefore, in order to ensure that the CCI sector in Europe can flourish and to protect innovation, copyright protection must be robust;
Amendment 100 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; and adapt accordingly to the digital environment; recognises that the inability to purchase content in an appropriate format for users with disabilities may create a barrier to trade for enterprises as well as reduce the cultural output and content offer available across the Member States.
Amendment 101 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; Notes the conclusion of the Marrakesh Treaty and requests that an exception be made to allow any person who cannot access a library because of their disability to receive library loans electronically.
Amendment 40 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observes that in most sectors EU and US standards and regulatory environments ensure this high level; considers, therefore, that approximating our regulations represents a unique chance to establish high-quality standards and laws for consumer, social, safety and labour protections which will be the de facto international standards;
Amendment 90 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for mutual recognition of professional qualifications between the Parties and for the abolition of work permit requirements for high-skilled workers in sectors covered by TTIP, so as to create maximum mobility of professionalworkers between the EU and the US;
Amendment 108 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to publish negotiating text concerning public procurement; calls on the Commission to ensure that European companies, including SMEs, are not discriminated against when tendering for public contracts on the US market at all government levels, and to ensure equal and transparent access at a level equal to or higher than that applying to US companies today in Europe under the new EU procurement rules; stresses that services that are privatised must not be prevented from returning to public ownership; in this respect calls on the Commission to avoid the use of "ratchet" clauses in TTIP;
Amendment 115 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to define any liberalisation obligations according to a positive list system as used in GATS; stresses that any negotiations based on a negative list system must exempt public services from liberalisation obligations;
Amendment 142 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the setting-up of an ambitious and effective cooperation mechanism aimed at creating common standards where possible in existing procedures, and to ensure that there is no unintended divergence in future standards in key sectors; believes that EU-US common standards should be promoted in all international forum; stresses that labour, environmental and safety standards must at all times be protected and promoted in any and all harmonisation exercises;
Amendment 8 #
2014/2158(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that efforts to foster competition through the development of the Digital Single Market must at all times work in the interests of consumers, and that the rights enshrined in the EU Charter for fundamental rights must be fully protected in the digital domain;
Amendment 28 #
2014/2158(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly wWelcomes the comments by Commissioner-designate Vestager in her hearing before the Parliament thatregarding free competition and protection against dominant positions in the digital economy; stresses that competition that is both free and fair is ultimately for the benefit of consumers;
Amendment 41 #
2014/2158(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on Member States to implement the new EU public procurement rules in a timely manner in order to boostpromote fair competition and ensure best value for money for public authoritithat incorporates social and environmental criteria as provided for in Art. 67 (2) of Directive 2014/24/EC, as well as consumer protection criteria, along with good practice in public authorities’ procurement processes; urges the Commission to ensure their application to the fullest possible extent, in order to tackle distortions of competition caused by bid- rigging, abuses of dominant positions and discrimination in the public procurement sectorand enable public authorities to choose to organise and provide quality public services so as to ensure effective and efficient public expenditure;
Amendment 43 #
2014/2158(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that pursuant to Art. 18 (2) of Directive 2014/24/EU Member States are obliged to take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Directive 2014/24/EU;
Amendment 47 #
2014/2158(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to carefully monitor the centralisation of purchases in public procurement markets in order to avoid excessive concentration of purchas, and to promote market access opportunities for SMEs, ing power and coarticular by making full usion, and to preserve market access opportunities for SMEe of Art. 46 of Directive 2014/24/EU, which encourages contracting authorities to divide large contracts into lots;
Amendment 51 #
2014/2158(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. BWelcomes the adoption of the Directive on antitrust damage to give victims of infringements of EU antitrust laws access to compensation; believes that timely and adequate implementation of the Directive on antitrust damage actions is essential to evaluate its effect onintended positive effect on increasing access to legal action for SMEs and individual consumers; stresses that access to justice and the availability of collective redress in this field and consumer rights protection in general is essential to achieving the aims of EU competition policy;
Amendment 60 #
2014/2158(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the MastercardCJEU ruling of the CJEU of 11 September 2014 on anticompetitive credit card fees, as well as the successful actions undertaken by the Commission to ensure that standardisation processes in the payments sector do not affect market entry and innovation; reiterates Parliament’s position that card payment fee caps should be introduced in order to reduce unnecessary costs for consumers; in this context, asks the Commission to accelerate the process of mapping standardisation work for mobile payments, while ensuring that any action taken does not exclude new entrants;
Amendment 64 #
2014/2158(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that thee integral internal market dimension of competition policy, which is clear from the Treaty, and the importance of consumer protection in shaping competition policy require; calls for stronger cooperation between Parliament’s Internal Market and Consumer Protection Committee and the Commission in order to ensure that the interests of consumers are protected and promoted in any and all efforts to encourage a competitive EU.
Amendment 2 #
2014/2151(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, and the range of industries affected by IPRs, and plays a key role in stimulating innovation, creativity, competitiveness and cultural diversity;
Amendment 14 #
2014/2151(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the potential threat and damage to consumer health and safety the purchase of IPR infringing goods may result in; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages it to continue; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;stresses in this context that product quality and safety is a different issue from product authenticity, thus the IPR status and their possible infringement should be addressed separately; (The second part of this para is moved into a new para to separate the issue of IPR infringement from the issue of product safety)
Amendment 19 #
2014/2151(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 23 #
2014/2151(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Looks forward to receiving information on existing national initiatives addressing IP civil enforcement for SMEs by the end of 2015; welcomes the forthcoming Green Paper on the need for future Union action based on the best practice found in nationally financed schemes assisting SMEs to enforce their IP rights; emphasises that for SMEs, clear and manageable structures for the enforcement their IPR are crucial;
Amendment 28 #
2014/2151(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to obtain data documenting IPR infringements from the industry and to generate reliable data and analysis of the real impacts of infringements for economic actors should be part of the ten- point action plan and be the base to further actions in the different sectors most concerned;
Amendment 30 #
2014/2151(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that in order to achieve a meaningful enforcement of IPR, full information should be available and accessible regarding the type of IP rights (for example patent, trademark, copyright) concerned in each situation, the status of the validity of these rights and the identity of the owners;
Amendment 38 #
2014/2151(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that any IPR related legislation needs to reflect the development of the digital era taking into account the online environment and various means of distribution guaranteeing a balanced approach representing the interests of all stakeholders involved and in particular of consumers and their right of access to content, whilst at the same time promoting artists, creators and innovation in Europe;
Amendment 39 #
2014/2151(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is of the opinion that enforcement of intellectual property rights should fully respect the principle of proportionality balancing the rights of content owners with those of the users which need to be fully compatible with the Charter of Fundamental Rights of the European Union and data protection rules, namely the protection of personal data, respect for private life and the right to access to justice;
Amendment 55 #
2014/2059(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that Member States have to step up their efforts to modernise their public administrations, by providing more and better accessible digital services for citizens and businesses, reducing costs and enhancing efficiency; highlights that the proper and quick implementation of EU public procurement and concessions legislation would provide a great opportunity to modernise public administration, at both government and local levels, by enhancing the quality and effectiveness of public spending and investment.
Amendment 208 #
2014/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) its disclosure is required under Union or Member State law;
Amendment 235 #
2014/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) ensures that, in relation to clinical trials, and in accordance with Regulation (EU) No 536/2014 of the European Parliament and of the Council1a, the trade secret holder has responsibility for proving that the information in question is a trade secret and that this information has been acquired unlawfully. _________________ 1aRegulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use (OJ L 158, 27.5.2014, p. 1).
Amendment 177 #
2014/0107(COD)
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Union safeguard procedure 1. Where, on completion of the procedure set out in Article 38b(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators. 2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant subsystem or safety component is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw that measure. 3. Where the national measure is considered justified and the non- compliance of the subsystem or safety component is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 38b(5) of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
Amendment 178 #
2014/0107(COD)
Proposal for a regulation
Article 38 b (new)
Article 38 b (new)
Article 38b Compliant subsystems or safety components which present a risk to health or safety 1. Where, having carried out an evaluation under Article 38b(1), a Member State finds that although a subsystem or safety component is in compliance with this Regulation, it presents a risk to the health or safety of persons, it shall require the relevant economic operator to take all appropriate measures to ensure that the subsystem or safety component concerned, when placed on the market, no longer presents that risk, to withdraw the subsystem or safety component from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe. 2. The economic operator shall ensure that corrective action is taken in respect of all the subsystems or safety components concerned that he has made available on the market throughout the Union. 3. The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the subsystem or safety component concerned, the origin and the supply chain of the subsystem or safety component, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not and, where necessary, propose appropriate measures. 5. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
Amendment 29 #
2013/2154(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of the exchange of information between SOLVIT centres and recommends that Member States invest in improving the cooperation between these centres;
Amendment 34 #
2013/2154(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on Members of the European Parliament to promote the role of SOLVIT in their constituencies;
Amendment 69 #
2013/2153(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the liberalisation of energy markets has not systematically led to greater competition and lower prices for consumers and, from consumers' point of view, has made the range of services and tariffs available more confusing and potentially misleading to consumers;
Amendment 149 #
2013/2153(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that high-quality, comprehensive and freely accessible local public transport constitutes a basic service which. This service must also be made available and extended in areas where it is less profitable;
Amendment 155 #
2013/2153(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that, as a result of the ageing of the population, efficient and universally accessible public transport services will gain in importance in the future and that they are alsoare vital and essential if the EU2020 climate objectives are to be achieved;
Amendment 19 #
2013/2093(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Commission's establishment of the High Level Expert Group on Retail Sector Innovation and calls of the Commission to swiftly review the forthcoming recommendations of the group, in order to further promote entrepreneurship, stimulate innovation and create jobs and growth in Europe;
Amendment 66 #
2013/2093(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Supports the work of the High Level Forum for a Better Functioning Food Supply Chain and its Experts Platform on B2B contractual practices; considers that the Parliament should urgently resolve pending issues relating to its participation in the Forum's work; stresses that UTPs impact negatively on third county businesses, farmers and workers and also occur in the non-food supply chain and asks the Commission and the business federations to explore the possibilities for creating a new, open-ended forum focusing on retail as a whole;
Amendment 68 #
2013/2093(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the principles of good practice and the list of examples of unfair and fair practices in vertical trading relationships in the food supply chain, as well as the framework for the implementation and enforcement of these principles; emphasises that, if these arewelcomes the trade associations recognition of the need for enforcement and emphasises that, if an enforcement mechanism is to have a practical effect, it is important thatvital that it has the respect of all actors in the food supply chain and that all participate, including farmers' organisations as well as the manufacturing and wholesale distribution industries; requestsconsiders it also necessary to have an independent, enforcement mechanism with the power to impose sanctions and calls on the Commission to review the practical effects of the voluntary initiative within twoone years of its entry into force, and to swiftly propose additional actions should this be necessary;
Amendment 76 #
2013/2093(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that it is often difficult for weaker market parties to complain about UTPs and emphasises the important role of associations of enterprises which should be able to submit such complaints on their behalf, while ensuring confidentiality, to an ombudsman or adjudicator who should have the power to take ex officio action in the case of information about certain worrying trendso calls on the Commission to look into establishing an EU-wide ombudsman that is able to receive information in an anonymous format, keep information confidential, undertake market monitoring and initiate investigations;
Amendment 57 #
2013/0402(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purposes of this Directive, and in accordance with Regulation (EU) No 536/2014 of the European Parliament and of the Council1a, in general the data included in a clinical study report should not be considered commercially confidential once a marketing authorisation has been granted, the procedure for granting the marketing authorisation has been completed or the application for marketing authorisation has been withdrawn. In addition, the main characteristics of a clinical trial, the conclusion on Part I of the assessment report for the authorisation of a clinical trial, the decision on the authorisation of a clinical trial, the substantial modification of a clinical trial, and the clinical trial results including reasons for temporary halt or early termination, in general, should not be considered a trade secret. ________________ 1aRegulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use (OJ L 158, 27.5.2014, p. 1).
Amendment 82 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
(ca) its disclosure is not in the public interest or is not required or allowed under Union or Member State law.
Amendment 99 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 107 #
2013/0402(COD)
Proposal for a directive
Article 2 – point 1 – point c a (new)
Article 2 – point 1 – point c a (new)
(ca) its disclosure is not in the public interest or is not required under Union or Member State law.
Amendment 138 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) its disclosure is required under Union or national law;
Amendment 157 #
2013/0402(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) ensures that the trade secret holder has responsibility for proving that the information in question is a trade secret and that this information has been acquired unlawfully.
Amendment 98 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) citizens and businesses have the right and the possibility to access competitive, secure and reliable electronic communications services, irrespective of where they are provided from in the Union, without being hampered by cross-border restrictions or unjustified additional costs and penalties.
Amendment 100 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) To address the phasing out of unjustified surcharges for roaming.
Amendment 109 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 12
Article 2 – paragraph 2 – point 12
Amendment 110 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 12 a (new)
Article 2 – paragraph 2 – point 12 a (new)
(12a) "reasonable network management" means network management that complies with the general principles of relevance, proportionality, efficiency, non-discrimination and transparency;
Amendment 113 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘internet access service’ means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet,; irrespective of the network technology used;t enables end-users to send data to and receive data from the entire internet.
Amendment 117 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘s"Specialised service’s" means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to s that are provided and operated within closed electronic communications networks using the Internet Protocol, but not being part of the Internet. The expression "closend or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;electronic communications networks" refers to networks that rely on strict admission control.
Amendment 122 #
2013/0309(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. A Europeany electronic communications provider has the right to provide electronic communications networks and services in the whole Union and to exercise the rights linked to the provision of such networks and services in each Member State where it operates pursuant to a single EU authorisation which is subject only to the notification requirements provided in Article 4.
Amendment 138 #
2013/0309(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 141 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. ThEnd-users shall not be freedom of end-users to usestricted by public authorities in using public electronic communications networks or publicly available electronic communications services provided by an undertaking established in another Member State. shall not be restricted by public authorities.
Amendment 142 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Providers of electronic communications to the public shall ensure that an appropriate notification is sent to the end-user when the consumption of services has reached 80% of the financial limit set in accordance with paragraph 1. The notification shall indicate the procedure to be followed to continue the provision of those services, including their cost. The provider shall cease to provide the specified services and to charge the end-user for it if the financial limit would otherwise be exceeded, unless and until the end-user requests the continued or renewed provision of those services. After having reached the financial limit end- users shall continue to be able to receive calls and SMS messages and access free- phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period.
Amendment 146 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justifiedjustified by and in strict compliance with the guidelines set out in paragraph 3a.
Amendment 151 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 3 – introductory part
Article 21 – paragraph 3 – introductory part
3. Providers of electronic communications to the public shall not apply tariffs for intra-Union communications terminating in another Member State which are higher, unless objectively justified: than tariffs for domestic long-distance communications, unless the difference is justified by and in strict compliance with the guidelines set out in paragraph 3a.
Amendment 157 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. By (DATE OF APPLICATION) BEREC, after consulting stakeholders and in close cooperation with the Commission, shall lay down general guidelines to determine the conditions under which providers of electronic communications to the public are allowed to charge an additional fee for the provision of an international service within the EU on top of their domestic tariffs. Such guidelines shall ensure that any additional fees are strictly based on the real and verifiable cost that providers incur by providing the cross-border service, are transparent, and made available to the public.
Amendment 161 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freethe right to access, transfer and distribute information and content, run applications, connect hardware and use services and software of their choice via their internet access service. Internet access providers cannot block, discriminate against, impair or degrade, including through price surcharge or preferential treatment, the ability of any end-user to use a service to access, use, send, post, receive or offer any content, application or service of their choice, irrespective of source or target. Providers of internet access services may however offer agreements that differentiate according to data volumes and speeds, as long as no discrimination based on the content, application or service themselves, or specific classes thereof, is put in place. Providers of internet access services shall not make the prices of these services dependent on the content, applications and services that are offered or used via these internet access services.
Amendment 177 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be freehave the right to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision of specialised services with an enhanced quality of service.
Amendment 184 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shallmay be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 197 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedomrights provided for in paragraph 1 by notably blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable trafficnetwork management measures. Reasonable trafficnetwork management measures shall be relevant, transparent, non-discriminatory, proportionate and efficient. They also must be necessary to:
Amendment 211 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Reasonable trafficnetwork management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph.
Amendment 270 #
2013/0309(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Consumers, and other end-users unless they have otherwise agreedso requesting, shall have the right to terminate a contract with a one- month notice period, where six months or more have elapsed since conclusion of the contractthe contract term has started. No compensation shall be due other than for the residual value of subsidised equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such at the moment of the contract conclusion. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 279 #
2013/0309(COD)
Proposal for a regulation
Article 29
Article 29
If a bundle of services offered to consumers comprises at least a connection to an electronic communications network or one electronic communications service, Athis articles 28 and 30 of this Regulationarticle 30 shall apply to all elements of the bundle unless the electronic communications service constitutes a minor part of the bundle.
Amendment 281 #
2013/0309(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Porting of numbers and their subsequent activation shall be carried out within the shortest possible time. End- users who have concluded an agreement to port a number to a new provider shall have that number activated within one working day from the conclusion of such agreement. The receiving provider of electronic communications to the public shall lead the switching and porting process. End-users shall and shall ensure that end-users receive adequate information on switching before and during the switching process, and also immediately after it is concluded. End-users shall not be switched to another provider against their will.Without prejudice to the first subparagraph, competent national authorities may establish the global process of switching and porting of numbers in accordance with the BEREC guidelines. They shall take into account necessary end-user protection throughout the switching process and the need to ensure the efficiency of such a process. In any event, loss of service during the process of porting shall not exceed one working day. End-users shall not be switched to another provider against their will. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate subscribers in case of delay in porting or abuse of porting by them or on their behalf.'
Amendment 54 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall be able to maintain or introduce lower caps through national legislation.
Amendment 68 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall be able to maintain or introduce lower caps through national legislation.
Amendment 74 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. When entering into a contractual agreement with a payment services provider, the consumer shall be provided with clear and objective information and shall be able to decide whether or not he needs two or more different brands of payment instruments on his card, telecommunication, digital or IT device.
Amendment 75 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where a payment device offers the choice between different brands of payment instruments, the brand applied to the payment transaction at issue shall be determined by the payer at the point of sale. Prior to the contract being signed the payment service provider shall provide the consumer with clear and objective information on all the payment brands available including their interchange fees and their characteristics.
Amendment 76 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Payment card schemes, issuers, acquirers, merchants and payment card handling infrastructure providers shall not insert automatic mechanisms, software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co-badged payment instrument.
Amendment 87 #
2013/0265(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Contracts between acquirers and payees mayshall include a provision that the information referred to in the first subparagraph of paragraph 1 shall be provided or made available periodically, at least once a month, and in an agreed manner which allows payees to store and reproduce information unchanged. When entering into a contractual agreement with a payment services provider, the consumer shall also be provided with clear and objective periodical information about the payment characteristics and payment fees applied to payment transactions.
Amendment 89 #
2013/0265(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall establish independent, adequate and effective out- of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies.
Amendment 90 #
2013/0265(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Payment service providers shall adhere to one or more Alternative Dispute Resolution bodies.
Amendment 89 #
2013/0246(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In accordance with Article 26(2) of the Treaty, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The harmonisation of certain aspects of package contracts and assistlinked travel arrangements is necessary for the creation of a real consumer internal market in this area, striking the right balance between a high level of consumer protection and the competitiveness of businesses.
Amendment 112 #
2013/0246(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller's name or particularsdata needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed. Particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particulars such as the travel destination or travel times should not be sufficient.
Amendment 119 #
2013/0246(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Key information, for example on the main characteristics of the travel services or the prices, provided in advertisements, on the organiser's website or in brochures as part of the pre-contractual information, should be binding, unless the organiser reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded. However, in light of new communication technologies, there is no longer any need to lay down specific rules on brochures, while it is appropriate to ensure that, in certain circumstances, cChanges impacting the contract performance aremust be adequately communicated between the parties on a durable medium accessible for future reference. It should always be possible to make changes to that information where both parties to the contract expressly agree on that.
Amendment 126 #
2013/0246(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In specific situations, also the organiser should be entitled to terminate the contract before the start of the package without paying compensation, for instance if the minimum number of participants is not reached and where this possibility has been reserved in the contract. In such a situation, the organiser should adequately inform travellers who may be impacted by that clause.
Amendment 136 #
2013/0246(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser, of the retailer having facilitated the assisted travel arrangement or of any of the service providers. Member States in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency. While retaining discretion as to the way in which insolvency protection is granted, Member States should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency. Where a consumer would prefer to complete their package or linked travel arrangement, rather than obtain a full refund, the insolvency protection may, where appropriate, provide for the fulfilment of existing contracts, in order to enable the package or linked travel arrangement to continue but this shall be at no additional cost to the traveller. The required insolvency protection should take into account the actual financial risk of the activities of the organiser, relevant retailer or service provider, including the type of combination of travel services they sell, foreseeable seasonal fluctuations as well as the extent of pre-payments and the way in which these are secured. In accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State. __________________ 25 OJ L376, 27.12.2006, p. 36. OJ L376, 27.12.2006, p. 36.
Amendment 153 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) packages and assistlinked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;
Amendment 173 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point i
Article 3 – point 2 – point b – point i
(i) purchased from a single point of sale within the same booking process where all the services have been selected by the traveller before the traveller has agreed to pay,
Amendment 188 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
(v) purchased from separate traders through linked online booking processes where the traveller's name or particularsdata needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 200 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘trader’ means any person, who is acting for purposes relating to his trade, business, craft or professionsells or offers for sale travel services or facilitates the procurement of travel services whether it is in their own name or as an intermediary;
Amendment 201 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 8
Article 3 – point 8
(8) ‘organiser’ means a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader or who facilitates the combination and procurement of such packages; where more than one trader meets any of the criteria referred to in point (b) of paragraph 2, all of those traders are considered as organisers, unless one of them is designated as organiser and the traveller is informed accordingly;
Amendment 227 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) the conditions for the termination of the contract by the traveller or the organiser before the start of the package;
Amendment 240 #
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, accessible and prominent manner.
Amendment 249 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 3 a(new)
Article 5 – paragraph 3 a(new)
3a. The pre-contractual information provided to the traveller shall be binding on the organiser and shall constitute a part of the contract.
Amendment 250 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that package travel contracts are in plain, accessible and intelligible language and, in so far as they are in writing, legible.
Amendment 282 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 284 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 286 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller of the proposed changes without undue delay in a clear and prominent manner on a durable medium of:. The traveller shall have the right to: (a) withdraw from the contract without penalty; or (b) accept the changes; or (c) be offered a substitute package
Amendment 290 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 292 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 297 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the changes to the contract or the substitute offer referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
Amendment 300 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the contract is terminated pursuant to point (ba) of paragraph 2, the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated. The traveller shall, where appropriate, be entitled to compensation in accordance with Article 12.
Amendment 364 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 386 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of the insolvency of the organiser, of the retailer or any of the assisted travel arrangement service providers.
Amendment 112 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationally independent of any payment service provider; Information on the owner and provider of the website should be easily available and visible;
Amendment 116 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide a sufficiently broad overview of the payment accounts market and provide information on how much of the market share is covered by their website;
Amendment 131 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 132 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 137 #
2013/0139(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 142 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 164 #
2013/0139(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that payment service providers make available to consumers informationaccessible information and adequate assistance about the specific features of the payment account with basic features on offer, their associated fees and their conditions of use. Member States shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features.
Amendment 166 #
2013/0139(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. These authorities shall regularly consult with relevant stakeholders, including consumers' representatives, to ensure and monitor effective compliance with this Directive. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively.
Amendment 379 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationally independent of any payment service provider; information on the owner and provider of the website should be easily available and visible;
Amendment 386 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide a sufficiently broad overview of the payment accounts market and provide information on how much of the market share is covered by their website;
Amendment 460 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
Amendment 497 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 500 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 514 #
2013/0139(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 145 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 148 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 150 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 197 #
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 make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 36 months from the date on which the flight was performed or was scheduled to be performed. Within 7 days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full answer to the passenger.
Amendment 212 #
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 – point e – paragraph 2
Article 6 – point e – paragraph 2
Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. The air carrier shall mark such instruments with specific tags in order to ensure that they must be handled with adequate care. An air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges.
Amendment 218 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point ii
Annex 1 – point 1 – point ii
technical problems which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation; oraffecting the aircraft which are caused by a hidden manufacturing defect revealnotified by the manufacturer or a competent safety authority; and which impinges on flight safetyll other technical problems shall not be considered extraordinary circumstances for the purpose of this Regulation;
Amendment 222 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point vi
Annex 1 – point 1 – point vi
Unforeseen meteorological conditions incompatible with flight safety; and
Amendment 226 #
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
Amendment 237 #
2013/0072(COD)
Proposal for a regulation
Annex 2
Annex 2
Regulation (EC) No 2027/97
Annex 2 – paragraph 7
Annex 2 – paragraph 7
If the baggage is damaged, delayed, lost or destroyed, the passenger must in all cases write and complain to the air carrier as soon as possible. A time limit to complain of 728 days applies in case the baggage was damaged and 21 days in case it was delayed, in both casesdelayed, from the date on which the baggage was placed at the passenger's disposal. In order to easily meet these deadlines, the air carrier must offer passengers the possibility to fill in a complaint form at the airport. Such complaint form, which may also take the form of a Property Irregularity Report (PIR), must be accepted by the air carrier at the airport as a complaint.
Amendment 118 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) medicinal products and medical devices for human or veterinary use;
Amendment 163 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
Article 6 – paragraph 1 – subparagraph 1 – point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers; such as children, the elderly and the disabled, while taking into account vulnerability based on specific risks by the product.
Amendment 246 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Manufacturers shall ensure that they have procedures in place for taking corrective action, withdrawing or recalling their products. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 296 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, if appropriate. Distributors shall ensure that they have procedures for taking corrective action, withdrawing or recalling products that they have made available on the market. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 333 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the product and of the economic operators involved in its supply chain as well as of the placement of a data carrier on the product, its packaging or accompanying documents enabling access to that data. The system of traceability shall include facilities to extend traceability of products out to the consumer through voluntary opt-in measures.
Amendment 186 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Members of the cooperation network shall only make public the information received on the risks or incidents once they have received approval from the notifying national competent authority.
Amendment 207 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The competent authority may inform the public, or require the public administrations and market operators to do so, where it determines that disclosure of the incident is in the public interest. Once a year, the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph. In the case of incidents notified to the cooperation network referred to in Article 8, other national competent authorities shall only make public any information received on risks or incidents once they have been approved by the notifying national competent authority.
Amendment 100 #
2012/2234(INI)
Draft opinion
Paragraph 20
Paragraph 20
20. Welcomes discussion of the establishment of cross-border pension tracking services for the 2nd pillarthe Commission proposal on establishing pension tracking services and cross-border pension tracking services. Citizens need high quality information from all pension schemes (pillar 1, 2&;3)so that they can plan their retirement savings and consider taking up supplementary pensions;
Amendment 41 #
2012/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas e-commerce is very useful for consumers with disabilities and thosereduced mobility and living in rural and remote areas;
Amendment 50 #
2012/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the development of e- commerce is slowed down by the still existing digital divide among Union citizens;
Amendment 57 #
2012/2133(INI)
Motion for a resolution
Recital G
Recital G
G. whereas consumers are dissatisfied with financial services due to the bad advice they receive and ignorance of their rightsthe recent financial crisis has underlined the importance of improved consumer information, advice and protection; whereas there is a need for arbiters who are independent of companies and, in the case of financial institutions, for (national / European) Central Bank inspectors that act as arbiters;
Amendment 87 #
2012/2133(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for consumers to be able to exercise their rights simply and effectively in basic areas relating to food, health, transport, energy, financial and digital services, pharmaceuticals and medical devices;
Amendment 116 #
2012/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that educatingfinancial education amongst consumers reduces their risks vis- à-vis dangerous products, speculativethe mis-selling of financial products and misleading advertising, and that such education and empowerment of consumers needs to be ongoing, from school onwards;
Amendment 146 #
2012/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that market information must be accessible, reliable, clear and comparable, and that binding commercial guarantees need to be adopted that ensure the administration of justice in cases where intermediaries become insolvent; emphasises the need to prosecute unfair commercial practices and unfair contract terms or mass market manipulation such as occurred in the Libor and/or Euribor markets; highlights the need to protect consumers ‘trapped’ by a financial product, and those with mortgages who, for reasons not attributable to the consumer, are at risk of being evicted from their homes;
Amendment 162 #
2012/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to provide better protection of the rights of vulnerable consumer groups such as children and the elderlyolder people, particularly with regard to transport, financial services, energy, as well as ICT;
Amendment 193 #
2012/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that redress mechanisms, such as alternative dispute resolution (ADR), collective dispute resolution or online dispute resolution, must be available, fast, accessible and effective; stresses that ADR procedures should be resolved within a maximum of 90 days, and that unemployed consumers should, either individually or through a consumer association, have access to free income- based legal aid for court proceedings;
Amendment 198 #
2012/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Emphasises the need to ensure the accessibility of goods and services in the Union, covering areas such as built environment, transport and ICT; urges the Commission to release an ambitious Union Accessibility Act;
Amendment 209 #
2012/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Draws attention to the fact the next Multiannual Financial Framework for 2014 -2020 will have to incorporate the Consumer Agenda and provide it with proper funding;
Amendment 56 #
2012/0366(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In other areas there are still substantial differences between the Member States' laws, regulations and administrative provisions on the manufacture, presentation, and sale of tobacco and related products which impede the functioning of the internal market. In the light of scientific, market and international developments these discrepancies are expected to increase. This applies in particular to nicotine containing products, herbal products for smoking, ingredients and emissions, certain aspects of labelling and packaging and the, cross-border distance saleand internet sales of tobacco products and point-of-sale displays of tobacco products.
Amendment 61 #
2012/0366(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the EU. Some Member States have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients. As a result, some ingredients are regulated in some Member States, but not in others. Member States are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke. Without harmonisation, the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the FCTC and its guidelines and considering experience gained in other jurisdictions outside the Union. The guidelines on Articles 9 and 10 FCTC call in particular for the removal of ingredients that increase palatability, create the impression that the tobacco products have health benefits, are associated with energy and vitality or have colouring properties. Ingredients that increase addictiveness and toxicity should also be removed.
Amendment 66 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 73 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 87 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed by defining which text may be placed on the package and with the use of plain packaging. Studies have shown that plain packages are less attractive and enhance the effectiveness of health warnings, thereby decreasing smoking uptake and tobacco consumption.
Amendment 88 #
2012/0366(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young peoplesubject to the same labelling requirements as cigarettes and roll-your-own tobacco products. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24a) 'plain packaging' means the standardised colour, font, size and position of brand names and brand variant on packages and the standardised colour of packages.
Amendment 156 #
2012/0366(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific ruleshould be subject to the same labelling requirements as cigarettes and roll-your-own tobacco products. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 179 #
2012/0366(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distanceInternet sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services , and should therefore be prohibited, in line with the implementing guidelines of the Framework Convention on Tobacco Control. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014.
Amendment 184 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Amendment 198 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 200 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account the nicotine content of the product in question. Subjecting all nicotine- containing products, whose nicotine content equals or exceeds the content of aHowever, measuring nicotine delivery has proven to be difficult, as it depends on the products and how they are being used. Therefore, subjecting all nicotine -containing product previously authorised under Directive 2001/83/EC, to the same legal frameworks regardless of their nicotine content to Directive 2001/83/EC clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilled.
Amendment 205 #
2012/0366(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 220 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 435 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed. Tobacco for smoking other than cigarettes and roll- you-own tobacco, the general warning and the information message shall be printed on the lateral sides of the unit packets. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 230 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 785 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 236 #
2012/0366(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Member States should remain free to maintain or introduce national legislations applying to all products alike for aspects falling outside the scope of this Directive, provided they are compatible with the Treaty and do not jeopardise the full application of this Directive. Accordingly, Member States could, for instance, maintain or introduce provisions providing standardisation of packaging of tobacco products provided that those provisions are compatible with the Treaty, with WTO obligations and do not affect the full application of this Directive. A prior notification is required for technical regulations pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and on rules on Information Society services . (If corresponding amendments introducing standardised packaging are not adopted, this amendment should fall.)
Amendment 260 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
Article 9 – paragraph 1 – point g – point i
(i) height: not less than 648 mm;
Amendment 275 #
2012/0366(COD)
Proposal for a directive
Article 10
Article 10
Amendment 337 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Unit packets of cigarettes and roll- your-own tobacco shall comply with plain packaging requirements laid down by the Commission following paragraph 4b of this Article.
Amendment 338 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4 b (new)
Article 13 – paragraph 4 b (new)
4b. The Commission shall adopt by means of implementing acts measures on plain packaging rules for unit packets of cigarettes and roll-your-own tobacco. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 373 #
2012/0366(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Point-of-Sale displays of tobacco products 1. Member States shall prohibit point-of- sale displays of tobacco products in their territory. 2. Tobacco products shall be completely concealed from the customer except during the purchase of sale of tobacco products, or stocktaking, restocking, staff training or maintenance of the storage unit. 3. Display of tobacco products for those reasons listed in paragraph 2 may only last as long as is necessary to complete those tasks. 4. Prices of tobacco products shall be listed in a standardised format.
Amendment 451 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 479 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 483 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
Amendment 486 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 512 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically imparts a characterising flavourflavour or increases palatability only when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavourby modifying Annex -I accordingly.
Amendment 516 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shall prohibit the use ofAnnex -I shall not contain the following additives in tobacco products:
Amendment 532 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit tThe use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity shall be prohibited. Filters and capsules shall not contain tobacco.
Amendment 542 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Amendment 548 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 2
Article 6 – paragraph 7 – subparagraph 2
Amendment 553 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 559 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplify in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product only when it exceeds a certain level of presence or concentration, including standard safety margins, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives by modifying Annex -I accordingly.
Amendment 568 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 583 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10 a. In order to obtain the entry of an ingredient in Annex -I, manufacturers and importers shall make an application to the Commission. The application shall be accompanied by the following particulars: (a) name or corporate name and permanent address of the applicant; (b) chemical name of the ingredient; (c) function of the ingredient and maximum quantity to be used per cigarette; and (d) clear evidence supported by scientific data that the ingredient does not fall under any of the exclusion criteria listed in this Article. The Commission may ask the relevant scientific committee whether the ingredient concerned falls under any of the exclusion criteria listed in this Article as such, or only as of a certain concentration. The Commission shall take a decision in accordance with the procedure laid down in paragraph 1 no later than one year after receiving the application.
Amendment 621 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed. For tobacco for smoking other than cigarettes and roll- your-own tobacco, the general warning and the information message shall be printed on the lateral sides of the unit packets. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 677 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7580 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 757 #
Amendment 897 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. All outer surfaces of the unit packet and any outside packaging of tobacco for smoking shall be standardised in the following way: (a) not contain any trade mark or any other mark, apart from the brand name and any variant name for the tobacco products; (b) be of a dark, unattractive colour set by the Commission; (c) the brand name, and any variant name shall: (i) not appear more than once on any one surface; (ii) appear horizontally below, and in the same orientation as, the combined health warning, in the centre of the space remaining on the front and back surfaces of the unit packet and any outside packaging; (iii) comply with any more detailed rules set out in paragraph 3.
Amendment 1029 #
2012/0366(COD)
Proposal for a directive
Title 2 – chapter 4 – title
Title 2 – chapter 4 – title
Amendment 1031 #
2012/0366(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 1043 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Amendment 1156 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nNicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC: . (If adopted, paragraphs 1(a) - (c), 2 to 5 of this Article should be deemed to be deleted.)
Amendment 1173 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1185 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1199 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1330 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Member States may allow nicotine containing products which are not in compliance with this Directive to be placed on the market until [Publications Office, please insert the exact date: entry into force + 48 months]:
Amendment 1332 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 1337 #
2012/0366(COD)
Proposal for a directive
Annex 1 a (new)
Annex 1 a (new)
Annex -I Additives approved for use in tobacco products Chemical name of the additive - function - maximum level permitted
Amendment 113 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) ‘Content of websites’ means information to be communicated to the user by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions. This also includes any hardware or software system that allows users to log in and communicate with the website. It includes textual as well as non-textual information, as well as documents and forms that users can download and interact with both online and offline. It also includes digital forms as well as completion of identification, authentication and payment processes. This shall also apply to the functions and content provided through websites, which are external to the website concerned, for instance through the use of web-links. Content also includes social media content embedded in those websites.
Amendment 123 #
2012/0340(COD)
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
(3) ‘User agent’ means any software that retrieves and presents web contents for users, including web browsers, media players, plug-ins, and other programs that help in retrieving, rendering, and interacting with web content. This should be applicable regardless of the device used to interact with content. If a mobile application designed by the website owners offers the same or an enhanced set of services as the website itself, the present definition does apply to the interface and operation of such mobile applications.
Amendment 140 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall apply the provisions of paragraph 1 by 31 DecemberJanuary 2015 at the latest for all new content websites concerned and by 1 January 20157 at the latest for all legacy content.
Amendment 156 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall promote and support web accessibility with training programmes for key stakeholders, staff of public bodies and organisations who provide basic services to the public to create, manage and update web pages including their content.
Amendment 53 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States may stipulate that, where an insurance or reinsurance intermediary acts under the responsibility of an insurance or reinsurance undertaking or of another registered insurance or reinsurance intermediary, the latterinsurance intermediary or the undertaking shall not be responsible for ensuring that it meets the conditions for registration set out in this Directive. In such a case, the person or entity acceptingquired to provide the competent authority with the information in Article 3(7)(a) and (b) and the insurance entity responsibilityle shall, having been informed by the Member States of the matters set out in paragraph 7 of this Article, sub- paragraphs (a) and (b), be satisfied as to the matter set out in paragraph 7 of this Article, sub-paragraph (c) ensure that the insurance intermediary meets the conditions for registration and other provisions set out in this Directive. Member States may also stipulate that the person or entity which takes responsibility for the intermediary shall register that intermediary.
Amendment 54 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States shall ensure that the competent authorities do not register an insurance or reinsurance intermediary unless it is satisfied that the intermediary meets the requirements laid down in Article 8, or that another intermediary or undertaking will take the responsibility for ensuring that the intermediary meets these requirements in accordance with Article 3(1) paragraph 3.
Amendment 56 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – point a
Article 3 – paragraph 7 – point a
(a) to provide information to their competent authorities of the identities of shareholders or members, whether natural or legal persons, that have a holding in the intermediary that exceeds 10% and the amounts of those holdings;ied intermediaries; and
Amendment 57 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) to provide information to their competent authorities of the identities of persons who have close links with the insurance or intermediaries where another insurance entity takes responsibility for ensuring that the intermediary meet these requirements in accordance with Article 3 (1)paragraph 3. Member states shall ensure that their competent authorities require that insurance and reinsurance intermediaries to whom Article 3(7) applies inform them without undue delay where insurance intermediary;formation provided under Article 3 (7)(a) and (b) changes.
Amendment 63 #
2012/0175(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 4 a (new)
Article 6 – paragraph 4 – subparagraph 4 a (new)
Registered insurance and re-insurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Union by means of both freedom of establishment and freedom to provide services.
Amendment 64 #
2012/0175(COD)
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 4 b (new)
Article 6 – paragraph 4 – subparagraph 4 b (new)
4 b. A registered insurance or reinsurance intermediary carries on an insurance mediation activity under the 'freedom of services' if: a) it carries on insurance or reinsurance mediation with or for a policyholder who resides or is established in a Member State different from the home Member State of the intermediary; b) any risk to be insured is situated in a Member State different from the home Member State of the intermediary; c) it must comply with article 6 paragraph 1 and paragraph 4.
Amendment 65 #
2012/0175(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall require that: a) any insurance intermediary which is a legal person have its head office in the same Member State as its registered office and that it actually operates there; b) any insurance intermediary which is not a legal person or any insurance intermediary which is a legal person but under its national law has no registered office have its head office in a Member State in which it actually carries on its business. If an insurance intermediary's primary place of business is located in another Member State, then the competent authority of that other Member State may agree with the home Member State competent authority to act as if it were the home Member State competent authority with regard to the obligations in chapters VI, VII and VIII of this Directive. In the event of such an agreement, the home Member State competent authority shall notify the insurance intermediary and EIOPA without delay.
Amendment 66 #
2012/0175(COD)
Proposal for a directive
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Where the host Member State has grounds for concluding that an insurance or reinsurance intermediary acting within its territory under the freedom to provide services or through an establishment is in breach of any obligation set out in this Directive, and where the host Member State does not have powers under this Directive to take action in response to such breaches, it shall refer those findings to the competent authority of the home Member State which shall take the appropriate measures. In cases where, despite measures taken by the competent authority of the home Member State, an insurance or reinsurance intermediary persists in acting in a manner that is clearly prejudicial to the interests of host Member State consumers or the orderly functioning of insurance and reinsurance markets, the insurance or reinsurance intermediary shall be subject to the following measures:
Amendment 70 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 2
Article 8 – paragraph 7 – subparagraph 2
Amendment 72 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 3
Article 8 – paragraph 7 – subparagraph 3
Amendment 74 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 7 – subparagraph 4
Article 8 – paragraph 7 – subparagraph 4
Amendment 75 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 79 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States shall ensure the setting- up of appropriate, effective, impartial and independent complaints and redress procedures for the out-of-court settlement of disputes between insurance intermediaries and customers, and between insurance undertakings and customers, using existing bodies where appropriate. Member States shall further ensure that all insurance undertakings and insurance intermediaries participate in the procedures for the out-of-court settlement of disputes where the following conditions are met:
Amendment 84 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(a a) Where a customer initiates a procedure for alternative dispute resolution laid down in national law against an insurance intermediary or insurance undertaking with regard to a dispute concerning rights and obligations established under this Directive the insurance intermediary or insurance undertaking shall be required to participate in that procedure. For the purposes of the application of this of this Directive the competent authorities shall cooperate with each other and with the entities responsible for out-of-court complaint and redress procedure referred to above and to the extent permitted by EU Directives or regulations in force.
Amendment 86 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 89 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 92 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 95 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 98 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 102 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 104 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Member States shall ensure that insurance intermediaries established on their territories inform consumers about the name, address and website address of the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers.
Amendment 105 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2 b. Insurance intermediaries within the Union engaging in online and cross- border online sales shall inform consumers about the ODR platform, if applicable and about their email address. This information shall be made easily, directly, prominently and permanently accessible on the insurance intermediaries' website and if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Insurance intermediaries shall also inform consumers about the ODR platform when the consumer submits a complaint to the insurance intermediary, a consumer complaint handling system operated by the insurance intermediary or to a company ombudsman.
Amendment 114 #
2012/0175(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Various types of persons or institutions, such as agents, brokers and ‘bancassurance’ operators, insurance undertakings, travel agents and car rental companies can distribute insurance products. ETo ensure equality of treatment between insurance operators and a consistent level of customer protection requires that all these persons or institutions be covered by this Directive.
Amendment 118 #
2012/0175(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to guarantee that the same level of consumer protection applies regardless of the channel through which consumers buy an insurance product, either directly from an insurance undertaking or indirectly from an intermediary, the scope of the Directive needs to cover not only insurance undertakings but all other market participants who sell insurance products on an ancillary basis (e.g. travel agents and car rental companies, suppliers of goods not meeting conditions for the exemption).
Amendment 126 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 128 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Prior to the conclusion of any specific contract, the insurance intermediary – including tied ones– or insurance undertaking shall indentspecify , on the basis of information provided by the customer:
Amendment 141 #
2012/0175(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive. There is a need to introduce a mandatory status disclosure for European insurance intermediaries and insurance undertakings. This information should be given to the consumer at the pre- contractual stage. Its role is to showmake the relationship between the insurance undertaking and the intermediary (where applicable) as well as the structure and the content of the intermediaries' remuneration more transparent.
Amendment 143 #
2012/0175(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be provided in advance with clear information about the status of the persons who sell the insurance product and about the remuneration which they receive. There is an urgent need to introduce a mandatory status disclosure for European insurance intermediaries and insurance undertakings. This information should be given to the consumer at the pre- contractual stage. Its rolpurpose is to showhelp make the relationship between the insurance undertaking and the intermediary (where applicable) as well as the structure and the content of the intermediaries' remuneration more transparent to the consumer.
Amendment 148 #
2012/0175(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
Articles 23 (1) and (2) shall also apply ton insurance intermediaries and insurance undertakings when carrying out insurance mediation in relation to all insurance products.
Amendment 149 #
2012/0175(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to mitigate conflicts of interest between the seller and the buyer of an insurance product, it is necessary to ensure sufficient disclosure of remuneration of insurance distributors. Accordingly, for life insurance products, the intermediary and the employee of the insurance intermediary or the insurance undertaking should be obliged to inform the customer about its remuneration, in advance of the sale. For other insurance products, subject to a transitional period of 5 years, the customer must be informed of the customer's right to request this information, which must be provided to the customer upon requestsame rules will apply.
Amendment 150 #
2012/0175(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
Member States may maintain or adopt stricter provisions regarding the customer protection requirements referred to in Articles 23, 24 and 25 provided that such provisions comply with Union law. ESMA and EIOPA should work together to achieve as much consistency as possible in the conduct of business standards for retail investment products that are subject to either (MiFID II) or to this Directive through guidelines.
Amendment 162 #
2012/0175(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the conclusion of a contract, including in the case of non-advised sales, the customer should be given the relevant information about the insurance product to allow the customer to make an informed decision. The insurance intermediary should be able to explain to the customer the key features of the insurance products it sells and therefore its staff should be given appropriate resources and time to do so.
Amendment 166 #
2012/0175(COD)
Proposal for a directive
Recital 40
Recital 40
(40) This Directive should specify the minimum obligations which insurance undertakings and insurance intermediaries should have in providing information to customers. A Member State should be able to in this area maintain or adopt more stringent provisions which may be imposed on insurance intermediaries and insurance undertakings independently of the provisions of their home Member State where they are pursuing insurance mediation activities on its territory provided that any such more stringent provisions comply with Union law, including Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). A Member State which proposes to apply and applies provisions regulating insurance intermediaries and the sale of insurance products in addition to those set out in this Directive should ensure that the administrative burden stemming from these provisions is proportionate for consumer protection. In the interest of consumer protection and in order to prevent mis-selling of insurance products, Member States should be permitted to apply exceptionally the more stringent requirements to such insurance intermediaries conducting insurance mediation on an ancillary basis if they consider it necessary and proportionate.
Amendment 175 #
2012/0175(COD)
Proposal for a directive
Recital 47
Recital 47
(47) In order to detect potential breaches, the competent authorities should have the necessary investigatory powers, and should establish effective mechanisms to encourage reporting of potential or actual breaches which provide appropriate protection for those who denounce such breaches.
Amendment 206 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – subparagraph 1
Article 2 – paragraph 1 – point 3 – subparagraph 1
3. ‘insurance mediation’ means the activities of advising on , proposing or carrying out other work preparatory to the conclusion of contracts of insurance, concluding such contracts or assisting in the administration and performance of such contracts, in particular in the event of a claim , and the activity of professional management of claims and loss adjusting, including price comparison websites. These activities shall be considered to be insurance mediation also if carried on by an insurance undertaking without the intervention of an insurance intermediary.
Amendment 209 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. ‘insurance investment product’ means a contract of insurance which could be also classified as an ‘investment product’ as defined in Article 2(a) of [Regulation on key information documents for investment products (PRIPs Regulation)]; excluding those defined in Article 2(e) and (f) in the PRIPS Regulation regarding occupational pension schemes and pension products for which a financial contribution from the employer is required by national law and where the employee has no choice as to the pension product provider;
Amendment 222 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘advice’ means the provision of a personal recommendation to a customer, either upon their request or at the initiative of the insurance undertaking or the insurance intermediary;
Amendment 223 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
10. ‘'contingent commission’' means a remuneration in the form of a commission where the amount payable is based on the achievement of agreedproduct or sales targets relating to the business placedactivities run by the intermediary with that insurer;
Amendment 232 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘'remuneration’' means any commission, fee, charge or other payment, including an economic benefit or inducement of any kind, offered, paid or given in connection with insurance mediation activities.
Amendment 248 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Except as provided in Article 4, insurance and reinsurance intermediaries shall be registered with a competent authority as defined in Article 7(2), in their home Member State. Insurance and reinsurance undertakings registered in Member States under Directive 73/239/EEC, Directive 2002/83/EC and Directive 2005/68/EC and their employees shall not be required to register again under this Directive.
Amendment 261 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. Registered insurance and reinsurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Community by means of both freedom of establishment and freedom to provide services
Amendment 286 #
2012/0175(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Intermediaries who are subject to paragraphs 1 and 2 of this Article shall be subject to the provisions of Chapters I, III, IV, V, VIII, IX and Articles 15, 16, 17 and 168 of this Directive.
Amendment 299 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Member States shall ensure that insurance and reinsurance intermediaries and members of staff of insurance undertakings carrying out insurance mediation activities regularly update their knowledge and ability appropriate to the function they are performing and the relevant market through continuing professional development in order to maintain an adequate level of performance. To that end, Member States shall have in place mechanisms to control, asses, and certify the knowledge and skills through independent bodies.
Amendment 302 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Insurance and reinsurance intermediaries and members of staff of insurance undertakings carrying out insurance mediation activities shall be of good repute. As a minimum, theyose directly involved in the marketing or selling of the product shall have a clean police record or any other national equivalent in relation to serious criminal offences linked to crimes against property or other crimes related to financial activities and they should not have previously been declared bankrupt, unless they have been rehabilitated in accordance with national law.
Amendment 317 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8 – point a
Article 8 – paragraph 8 – point a
(a) the notion of adequate knowledge and ability of the intermediary and members of staff of insurance undertakings when carrying on insurance mediation with its customers as referred to in paragraph 1 of this Article;
Amendment 318 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8 – point c
Article 8 – paragraph 8 – point c
(c) the steps that insurance intermediaries and members of staff of insurance undertakings might reasonably be expected to take to update their knowledge and ability through continuing professional development in order to maintain an adequate level of performance.
Amendment 323 #
2012/0175(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
1a. Such powers shall include, at least, the rights to: (a) have access to any document in any form whatsoever which would be relevant for the performance of the supervisory duties and to receive a copy of it; (b) demand information from any person and if necessary to summon and question a person with a view to obtaining information; (c) carry out on-site inspections including undercover ones;
Amendment 331 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the procedure results in decisions which are not binding;binding for the insurance undertaking or the intermediary.
Amendment 332 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 333 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 334 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 335 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
Amendment 336 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 338 #
2012/0175(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall ensure that insurance intermediaries established on their territories inform consumers about the name, address and website address of the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers. Insurance intermediaries within the Union engaging in online and cross- border online sales shall inform consumers about ODR platform, if applicable and about their email address. This information should be made easily, directly, prominently and permanently accessible on the insurance intermediary’s website and if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Insurance intermediaries shall also inform consumers about the ODR platform when the consumer submits a complaint to the insurance intermediary or to a company ombudsman.
Amendment 339 #
2012/0175(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Where a customer initiated a procedure for alternative dispute resolution laid down in national law against an insurance intermediary or insurance undertaking with regard to a dispute concerning rights and obligations established under this Directive the insurance intermediary or insurance undertaking shall be required to participate in that procedure. For the purposes of the application of this directive the competent authorities shall cooperate with each other and with the entities responsible for out-of-court complaint and redress procedure referred to above and to the extent permitted by EU Directives or regulations in force.
Amendment 346 #
2012/0175(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall require that, when carrying out insurance mediation with or for customers, an insurance intermediary or insurance undertaking always acts honestly, fairly and professionally in accordance with the best interests of its customers.
Amendment 352 #
2012/0175(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. All information, including marketing communications, addressed by the insurance intermediary or insurance undertaking to customers or potential customers shall be fair, clear and not misleading. Marketing communications shall always be clearly identifiable as such.
Amendment 356 #
2012/0175(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a – point ii
Article 16 – paragraph 1 – point a – point ii
(ii) whether or not it offers or provides any type of advice about the insurance products sold and the nature of such advice;
Amendment 385 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the nature and amount of the remuneration received directly or indirectly in relation to the insurance contract;
Amendment 388 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point e – introductory part
Article 17 – paragraph 1 – point e – introductory part
(e) whether in relation to the insurance contract and any proposed ancillary services or products, it works:
Amendment 404 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f a (new)
Article 17 – paragraph 1 – point f a (new)
(fa) if the intermediary receives other kind of remuneration in connection with insurance mediation activities, the nature and the economic value of this remuneration;
Amendment 428 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) provide the customer with the amount or, where the precise amount is not capable of being given, the basis of calculation of the fee or commission or the combination of both, if the customer so requests.
Amendment 439 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The insurance undertaking or insurance intermediary shall also inform the customer about the nature and the basis of the calculation of any variable remuneration received by any employee of theirs for distributing and managing the insurance product in question as well as any proposed ancillary service or product.
Amendment 446 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Member States shall ensure that the manner in which an insurance intermediary or an insurance undertaking remunerates its staff, appoints representatives or other insurance intermediaries does not impede compliance with its obligation to act in the best interest of its clients referred to in Article 15 and shall require to take all reasonable steps to identify and manage conflicts of interest between themselves or any person directly or indirectly linked to them and their customers and to operate effective organisational and administrative arrangements to that purpose. Where such arrangements are not sufficient to with reasonable confidence that the existence of the conflict will be prevented, the insurance intermediary or the insurance undertaking shall refuse the business irrespective of any customer consent.
Amendment 478 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall ensure that where advice is provided, it should constitute a separate service from the selling of an insurance and that such a service can only be marketed as advice when: (a) the adviser has the appropriate professional competence; and (b) A separate charge for advice can only be made if the consumer has been informed of the requirement to pay a charge and of method used for its calculation.
Amendment 480 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. When the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysisgives advice, it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market, to enable him it to make a personal recommendation in the best interest of the consumer, in accordance with professional criteria, regarding which insurance contract would be adequatmost suitable to meet the customer's needs.
Amendment 511 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered together with any other service or product as a package, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the customer that it is possible to buy the components of the package separately and shall offer this possibility and provide information of the costs and charges of each component of the package that may be bought through or from it separately.
Amendment 541 #
2012/0175(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22 a Article 23 (1) and (2) shall also apply to insurance intermediaries and insurance undertakings when carrying out insurance mediation in relation to all products. Member States may obtain or adopt stricter provisions regarding the customer protection requirements referred to in Articles 23, 24 and 25 provided that such provisions comply with Union law. ESMA and EIOPA should work together to achieve as much consistency as possible in the conduct of business standards for retail investment products that are subject to either (MiFID II) or to this Directive through guidelines.
Amendment 552 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall require that, when carrying out insurance mediation with or for customers, an insurance intermediary or insurance undertaking always acts honestly, fairly and professionally in accordance with the best interests of its customers and complies, in particular, with the principles set out in this Article and in Article 25.
Amendment 555 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. All information, including marketing communications, addressed by the insurance intermediary or insurance undertaking to customers or potential customers shall always be fair, clear and not misleading. Marketing communications shall be clearly identifiable as such by the consumer.
Amendment 653 #
2012/0175(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that the competent authorities establish effective mechanisms to encourage reporting of potential or actual breaches of national provisions implementing this Directive to the competent authorities.
Amendment 654 #
2012/0175(COD)
Proposal for a directive
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) appropriate protection for employees of insurance or reinsurance undertakings or intermediaries who denounce, including anonymity where appropriate, for those who denounce the commission of breaches committed within them; and
Amendment 657 #
2012/0175(COD)
Proposal for a directive
Article 31 a (new)
Article 31 a (new)
Amendment 68 #
2012/0082(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Where the holder of the registration certificate moves his normal residence to another Member State, he shall: (a) inform the competent registration authority of that Member State immediately; (b) request registration of a vehicle registered in another Member State within a period of sixthree months following his arrival.
Amendment 80 #
2012/0082(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii a (new)
Article 5 – paragraph 1 – point d – point iii a (new)
(iiia) the vehicle does not have a civil liability insurance.
Amendment 85 #
2012/0082(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Any decision taken by a vehicle registration authority refusing to register a vehicle registered in another Member State shall be duly substantiated. The person concerned may within a period of one month from receipt of the negative decision request the competent vehicle registration authority to review the decision. That request shall include reasons for such review. Within one month from receipt of that request, the competent vehicle registration authority shall confirm or reverse its decision. During the review of the refusal, the vehicle shall not be used on public roads.
Amendment 86 #
2012/0082(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall apply proportional and dissuasive penalties for failure to apply for re-registration within the deadline specified in Article 4(1). Such penalties may include a fine and confiscation of the vehicle in the interim pending a successful application for re- registration. These penalties shall not be applied or shall be reimbursed if the failure for re-registration is due to an error on behalf the Member States competent authority.
Amendment 93 #
2012/0082(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) where the vehicle does not have a civil liability insurance.
Amendment 94 #
2012/0011(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In addition, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 98 #
2012/0011(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Following the principle of data protection by default, online services and products must initially be set on maximum protection of personal information and data without demanding any action from the data subject.
Amendment 100 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarilyshould as a principle be considered as personal data in all circumstances.
Amendment 122 #
2012/0011(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) In general, harmonisation of the Union law as regards to data protection must not take away the possibility of Member States to practice sector specific legislation, inter alia in the field of register-based research.
Amendment 123 #
2012/0011(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) Processing of personal data collected to another purpose can be made available for public scientific research when a scientific relevance of the processing of the collected data can be documented. Privacy by design must be taken into account when making data available for public scientific research.
Amendment 124 #
2012/0011(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, including information sent via electronical text messages or e-mail to patients regarding appointments at hospitals or clinics, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for historical, statistical and scientific research purposes.
Amendment 131 #
2012/0011(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) The principle of data protection by design require data protection to be embedded within the entire life cycle of the technology, from the very early design stage, right through to their ultimate deployment, use and ultimate disposal. The principle of data protection by default requires privacy settings on services and products should by default comply with the general principles of data protection, such as data minimisation and purpose limitation.
Amendment 138 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 724 hours. Where this cannot achieved within 724 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach and which is likely to lead to significant risk of harm to the data subject, thereby avoiding information overload for the data subject, should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 152 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) in areas covered by Articles 153, 154 and 155 of the Treaty of the Functioning of the European Union (TFEU) regarding regulation of recruitment and conclusion and compliance of collective agreements.
Amendment 155 #
2012/0011(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a This regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies)
Amendment 156 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, whether the processing takes place in the Union or not.
Amendment 161 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonablyor singled out and treated differently, by means likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 162 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, Internet Protocol addresses, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 185 #
2012/0011(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a The data will not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar them from employment
Amendment 195 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) The processing of data, inter alia information of members of an organisation, which is done by the organisation in question in compliance with its statutory rules, is of outmost importance for the data controller in voluntary membership based organisations.
Amendment 214 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Access to a given consent in regards to Article 6, paragraph 1 (a), as well as Article 9, paragraph 2 (a), can be limited in cases where internal rules of organisations regarding fraud and of crime prevention reasons, in accordance with legislation of the Member State, are enforced.
Amendment 216 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4 b. This provision shall not apply to the right of the employer to process data on the basis of consent by the employee nor the right of public authorities to process data on the basis of consent by the citizen.
Amendment 217 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 1318 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology without causing unnecessary processing of data besides the purpose of the consent.
Amendment 225 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 226 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the data subject has given consent to the processing of those personal data, subject to the conditions laid down in Articles 7 and 8, except where Union law or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject. In particular, this would include safeguards to prevent the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles; or
Amendment 237 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The controller shall establish procedures for providing the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shall also provide means for requests to be made electronically. The procedures referred to in this Article can be procedures already established by public authorities in the Member States provided that the procedures comply with the provisions of the Regulation.
Amendment 252 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.
Amendment 253 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 260 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing and profiling. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 262 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Subject to the necessary legal safeguards, especially in order to ensure that information are not used to take measures or decisions regarding specific persons, Member States can, in cases with no risk of violation of privacy, by law limit the rights following article 15 only if these rights are processed as part of scientific research in compliance with article 83 of this Regulation or only if these personal data are stored in the specific timeframe it takes to make statistics.
Amendment 265 #
2012/0011(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a In compliance with the data requirements of this Regulation, especially privacy by design, the provisions in paragraph 4 and 6 of this Article do not change the right of public authorities to store data to have the possibility of having documentary evidence of a given case history.
Amendment 293 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right both offline and online not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour. Children can not be subject to a measure of this article.
Amendment 323 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 325 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. Anonymisation or pseudonymisation of personal data should be applied by the data processor where feasible and proportionate according to the purpose of processing.
Amendment 327 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing, that the settings automatically comply with the general principles of data protection of this Regulation, and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 335 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h a (new)
Article 26 – paragraph 2 – point h a (new)
(h a) When a processor is processing data on behalf of the controller, the processor must implement privacy by design and privacy by default.
Amendment 346 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. a public authority when dealing with data other than personal sensitive data as referred to in Article 9, paragraph 1, of this Regulation.
Amendment 347 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
Amendment 368 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject, inter alia by identity theft or fraud, physical harm, significant humiliation or damage to reputation, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delayin a clear and concise manner without undue delay and within 72 hours.
Amendment 370 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (cd) of Article 31(3).
Amendment 389 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 407 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in any Member State if they consider that the processing of personal data relating to them does not comply with this Regulation. This complaint must not inflict costs on the data subject.
Amendment 414 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 415 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any emotional injury.
Amendment 416 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2 a. Any person or enterprise that is known to have infringed the provisions of this regulation, for example by illegally accessing employees' personal data to blacklist them or bar them from employment, should be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed and all compensation has been paid in full to all victims.
Amendment 426 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
Amendment 437 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point a a (new)
Article 79 – paragraph 6 – point a a (new)
(a a) uses employees' or potential employees' personal data to blacklist them, vet them or bar them from access to future employment
Amendment 441 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by law specific rules regulating the processing of employees‘ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. This Regulation must, in accordance with the principles of Article 5, respect collective agreements regarding decentralized regulation of the employer's data processing concluded in accordance with this Regulation.
Amendment 445 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3 a (new)
Article 83 – paragraph 3 a (new)
3 a. Member States can adopt specific measures to regulate the processing of personal data for historical, statistical or scientific purposes while respecting the provisions of paragraph 1 and 2 of this article as well as respecting the Charter of Fundamental Rights of the European Union.
Amendment 446 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3 b (new)
Article 83 – paragraph 3 b (new)
3 b. A Member State adopting specific measures according to article 83, paragraph 3a, must inform the Commission about the adopted measures prior to the date set in article 91, paragraph 2, and without undue delay inform the Commission about eventual changes at a later stage of the measures.
Amendment 13 #
2011/2155(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the current average deficit of 1 % is in accordance with the target agreed by the Heads of State and Government in 2007, but the latest trend shows that more Member States (16) are failing to comply with this target, laments the growing trend of increased transposition deficits, encourages Member States to direct greater resources to combat this trend;
Amendment 36 #
2011/2048(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reconfirms the importance of Article 14 and the Protocol No 26 on Services of General Interest of the TFEU, which recognise the specific nature and importance of public services, and the need to ensure a high level of quality, safety, access and user rights. Furthermore, recognises the wide discretion of national, regional and local authorities to decide on how they are provided, commissioned and organised, including in-house and public-public co- operation, which are not subject to public procurement rules.
Amendment 78 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracthe existing Most Economically Advantageous Tender (MEAT) award criteria should be replaced by the Sustainably Most Advantageous Rated Tender (SMART) as a way to drive markets: the mosto supply more socially, economically, advantageous tender –nd environmentally sustainable goods, services or works including the entire life-cycle costs of the relevant goods, services or works – should be chosenof;
Amendment 88 #
2011/2048(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that public procurement, if used effectively, could be a real driver to promoting quality jobs, wages and conditions, equality, developing skills, training, promoting environmental policies, and providing incentives for research and innovation;
Amendment 96 #
2011/2048(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Maintains that the new Public Procurement Directive should allow the quality of the supplier to be taken into account at the selection stage of tenders.
Amendment 100 #
2011/2048(INI)
Motion for a resolution
Paragraph 10 – point a (new)
Paragraph 10 – point a (new)
(a) Takes the view that, in any future revision of the directives, the EU Commission should include reference to ILO Convention C94 on Labour Clauses in public contracts, in the interests of quality public service delivery. This is already legally binding in 11 EU Member States, and other Member States should be encouraged to adopt the Convention. Decent employment conditions in public contracting are vital to ensure quality. Social dumping in employment standards and conditions not only impacts negatively on workers, and people relying on these services, products or works, but also discriminates against good companies who know the value of treating workers with respect;
Amendment 117 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that Public Private Partnerships is not a best practice contracting model and the EU Commission does not have a role in promoting this form of contracting. There is wide evidence that PPP’s too often fail to deliver value for money to the taxpayer;
Amendment 121 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Believes that the current provisions in terms of subcontracting need strengthening. Multiple layers of subcontracting are commonplace, and create difficulties in enforcing collective agreements, working conditions and health and safety procedures. Public authorities should be given more scope to control the contract to meet quality, social and environmental objectives. Where subcontractors are used, all details relating to their use should be declared before the contract is awarded, and the public authority should specify the responsibilities and liabilities to enable effective monitoring and control of the contract. There should be mechanisms in place for public authorities to vet and reject subcontractors where they have concerns;
Amendment 136 #
2011/2048(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EU Commission to remove, or make considerably more flexible, the link to the subject matter of the contract to allow more effective social and environmental procurement choices, which will make public contracting more transparent.
Amendment 192 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 – subparagraph 1 (new)
Paragraph 22 – subparagraph 1 (new)
The external dimension of EU public procurement cannot ignore the EU’s obligations to promoting decent work, equality, respect for fundamental rights, freedoms and labour standards and environmental protection and energy efficiency in third countries. These are not principles we leave behind when we move outside our borders. Any revision of public procurement rules must reinforce these principles externally as well as internally. More has to be done at EU level to improve social and environmental standards in supply chains, and needs to be addressed simultaneously in trade policy. The EU Commission has to seriously engage with the key actors involved such as trade unions and NGOs to developing workable strategies and structures;
Amendment 193 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 – subparagraph 2 (new)
Paragraph 22 – subparagraph 2 (new)
The procedures for penalising and excluding bidders under the abnormally low tender article should be less complex, particularly in relation to ensuring compliance with employment protection and working conditions in force. Requirements should be established for bidders to provide information to the contracting authority rather than the authority having to seek this information;
Amendment 106 #
2011/2024(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to revise the language requirements regime for the healthcare professions by providing competent authorities with the necessary flexibility to ascertain and, if necessary, test the language skills of professionals as part of the recognition process, further calls on the Commission to clarify the respective roles of employers and regulators in testing language competence;
Amendment 2 #
2011/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the European Contract Law project indispensablecould be necessary for realising the full potential of the internal market, entailing substantial economic and employment benefits; However an impact assessment providing the factual basis for progress in the field of contract law shall be conducted;
Amendment 4 #
2011/2013(INI)
Draft opinion
Recital A
Recital A
A. whereas contract law is at the heart of all national rules governing the behaviour of businesses and consumers in their markets; whereas the internal market remains fragmented, owing to the existence of 27 different legal systems and the risks and costs inherent in cross- border transactions,greater study is needed to further understand why the internal market remains fragmented and how best to address these problems including how to ensure implementation of existing legislation such as the Directive on services in the internal market (2006/123/EC)
Amendment 5 #
2011/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that EU-level harmonisation of contract law practices would be more efficient in ensuring convergence and a more level playing field, but that, given the challenges of harmonising national legal systems, an optional instrument is a more proportionate andshould be considered as a feasible solution, ats least as an interim measureong as it implies an added value to both consumers and businesses;
Amendment 6 #
2011/2013(INI)
Draft opinion
Recital B
Recital B
Amendment 7 #
2011/2013(INI)
Draft opinion
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(a) Considers that other policy options should be assessed as well in order to establish which is the appropriate tool according to the needs of a single market at the service of consumers and businesses;
Amendment 8 #
2011/2013(INI)
Draft opinion
Paragraph 2 – point b (new)
Paragraph 2 – point b (new)
(b) The impact assessment should especially investigate whether the harmonization of European contract law would really bring added value to businesses, in particular SMEs , and to look into the costs harmonization would incur;
Amendment 9 #
2011/2013(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 10 #
2011/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers thatwhether such an instrument should be based on the Lex Generalis principle of prescribing general provisions with the widest possible scope and that, to avoid unfair competition within the internal market, the instrument should cover both e-commerce and other commercial activities, and both business-to-consumer and business-to-business relationships;
Amendment 11 #
2011/2013(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is clear that the application of foreign (consumer) law to cross-border transactions under the Rome-I Regulation*3 has been seen to entail considerable transaction costs for businesses, in particular for SMEs, which have been estimated at €15 000 per business and per 1 UK Federation of Small Businesses, Position paper on Rome I (2007). 2 OJ L 177, 4.7.2008, p. 6. 3 OJ L 177, 4.7.2008, p. 6. Member State*1,
Amendment 13 #
2011/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to ensure close alignment of the proposed Consumer Rights Directive and theany potential European Contract Law instrument so as to clarify the relationship between the two measures in such a way that in case of conflict the national consumer rights legislation takes precedence, and a high level of consumer protection is ensured;
Amendment 14 #
2011/2013(INI)
Draft opinion
Recital C
Recital C
C. whereas in its Green Paper1 the Commission sets out a range of options for a European contract law instrument which could help the EU to recover from the economic crisis, develop entrepreneurship and strengthen public confidence in the Sinternal mgle Market,
Amendment 14 #
2011/2013(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas this needs verifying in the light of the application of Article 6(2) and Article 4(1), point (a) of the Rome-I Regulation, which allows businesses to apply their national law, bearing in mind that Rome I has only been applied since December 2009;
Amendment 17 #
2011/2013(INI)
Draft opinion
Recital D
Recital D
D. whereas the negotiations on the consumer protection directive2 illustrated just how difficult it is to fully harmonise contract lawsumer law as applied to contracts due to its complexities without undermining the common commitment to a high level of consumer protection in Europe and what limits this imposes on the process,
Amendment 18 #
2011/2013(INI)
Motion for a resolution
Recital F
Recital F
F. whereas such transaction costs are perceived as important obstacles to cross- border trade, as confirmed by 60 % of EU retailers interviewed in 20081 , and whereas 46 % said harmonised rules would help to increasebeing one of the obstacles to cross-border sales,trade;
Amendment 19 #
2011/2013(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 20 #
2011/2013(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas it is of paramount importance that any initiative from the EU will have to answer real needs and concerns of both businesses and consumers; whereas these concerns also extend to legal/linguistic problems (provisions of standard terms and conditions for small businesses in all EU languages) and the difficulties in enforcing contracts across borders (provisions of autonomous EU measures in the field of procedural law);
Amendment 22 #
2011/2013(INI)
Draft opinion
Recital E
Recital E
E. whereas theany end product, a in the field of European Contract Law, must be realistic, feasible, proportionate and properly thought through prior to being amended, if necessary, and formally adopted by the European co-legislator if this process is to enjoy political legitimacy and supports,
Amendment 22 #
2011/2013(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there is evidence that the online market remains fragmented: in a survey, 61 % of 10 964 test cross-border orders failed, inter alia because traders refused to serve the consumer's country1; whereas, on the other hand,a Commission study revealed that 61 % of 10 964 test cross-border orders failed and that cross-border shopping appears to increase consumers' chances of finding a cheaper offer*2 and of finding products not available domestically online*,3, whereas the figure of 61% seems to be very high and to warrant further study, verification and assessment;
Amendment 25 #
2011/2013(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomStresses the need for an open debate on all the policy options included in the Green Paper and urges the relevant Commission departments to carry out a thorough analysis of the outcome of this consultation process; further stresses the need for a thorough impact assessment to determine how all parties, including SMEs, will be impacted and detailed estimates of the cost of implementation of each Commission proposal;
Amendment 31 #
2011/2013(INI)
Motion for a resolution
Recital H
Recital H
H. whereas any steps taken in the area of European contract law must be cohernsistent with the expected Consumer Rights Directive, which will have a significant impact on the content and on the level of harmonisation of a possible future instrument in the field of European Contract Law; whereas it would be necessary to constantly and carefully monitor its implementation in the next months in order to define which should be the scope of the OI;
Amendment 33 #
2011/2013(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Looks forward to the publication of the Expert Group's results in order to clarify the scope and the congoing discussiontent of the OI and in order to engage in an open and transparent discussion with all stakeholders as to how these results should be used and as the Commission would consider additional options, less intrusive than the OI, for facilitating cross-border activities; calls for the creation of "European standard contracts models", translated in all EU languages, linked to an ADR system, carried out on line, which would have the advantages of being a cost-effective and simpler solution for both contractual parties and the Commission;
Amendment 35 #
2011/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the development of an optional European Contract Law could do much toolbox, to create more consistent and coherent legislation and standard contract terms and conditions, could be a proportionate and realistic method to improve the functioning of the Sinternal market and that Parliament and the Council should have final responsibility for determining its legal form and scopegle Market; Recalls that there are many other practical barriers to cross-border trade, including language, delivery cost, consumer preference and culture, which cannot be resolved by contract law;
Amendment 39 #
2011/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 44 #
2011/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to clarify the contents of the toolbox and to consider complementing the OI by "model contract terms and conditions" for small businesses, translated into all languages; further calls on the Commission to expand the range of autonomous cross- border procedural instruments so as to facilitate the enforcement of cross-border transactions;
Amendment 47 #
2011/2013(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is convinced that a commonAwaits the evidence to prove that an initiative on a European Contract Law would make the internal market more efficient without affecting Member States' national systems of contract law;
Amendment 53 #
2011/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that it needs to be further considered if Articles 114 and 169 or 352 of the Treaty on the Functioning of the European Union would constitute the appropriate legal basis for an instrument regulating business-to-business (B2B) and business-to-consumer (B2C) contracts;
Amendment 60 #
2011/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the particular importance of facilitating e-commerce in the EU, given that this sector is underdeveloped, as a result of differences between national contract law systems, and has rightly been identified by businesses and consumers as a potential motor for and stresses that it is necessary to assess whether differences between national contract law systems could represent an obstacle to future growth;
Amendment 65 #
2011/2013(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that individuessential components of consumer law applied to contract laws are already spread across various sets of European rules, soand that it would make sense to consolidate them into a European Contract Law; points out, further, that these existing sets of rules illustrate the need for a clearly structured,mportant parts of the consumer acquis are likely to be consolidated in the Consumer Rights Directive; points out that the aforementioned Directive would provide a uniform body of law which consumers and businesses can readily identify; therefore, stresses the importance of waiting until the outcome of the Consumer Rights negotiations before any recommendation is made;
Amendment 66 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to clarify the advantages of such an instrument for both consumers and businesses;
Amendment 67 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Is concerned about the confusion the additional set of rules would create for SMEs, but, in particular, for consumers, bearing in mind that in order to enforce their rights consumers have to be aware of them;
Amendment 68 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Insists that the legislation creating the OI be adopted under the ordinary legislative procedure and that the optional instrument itself be subject to scrutiny and amendment under that procedure;
Amendment 72 #
2011/2013(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Takes the view that the regulatory focus of a potential European Contract Law initiative 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 the general provisions should contain rules on the definition of a contract, pre-contractual obligations, the procedures for concluding contracts, representation, grounds of nullity, that such an instrument should not prevent consumers from the protection granted by existing rules of private interpretnation of contracts, the performance of contracts, rights and obligations, in particular warranty rights, under a contract, the right of withdrawal, termination, statutory limitation, etc.;al law (Rome I and Rome II regulations).
Amendment 75 #
2011/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high, as mandatory national provnd wishes for an explanation as to how this can be achievable; calls upon the Commissions, including to bear in mind the area of consumer law, wat a satisfactory solution must be foulnd be replacedto problems of private international law;
Amendment 76 #
2011/2013(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Is convinced that the lany initiative in the field of European Contract Law should be balanced, simple, clear, transparent and user-friendly and not employ vague legal terms, so that European consumers in particular can understand it, although due account should be taken of the potential interests of both (or all) parties to a given contract;
Amendment 81 #
2011/2013(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that for consumers must give their explicit consent to the applicationit would be an additional burden and in order to make an informed choice, knowledge of the European law and that the relevant provisions must not be introduced implicitly, for example by means of standard form contractstwo sets of contract law would be necessary; unless explained in simple terms with pros and cons of both options stated it would not be possible for consumers to make a meaningful choice;
Amendment 83 #
2011/2013(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Sees no reason why anBelieves that the OI should not be available as an opt-in both in cross-border and domestic situations, as this would have the advantages of simplicity and cost- saving,in the first instance and until a sufficient esxpecially for the SME sector; believes, however, that the effects of a domestic opt-in on national bodies of contract law merit specific analysirience has been acquired, and then only as an opt-in in cross border situations;
Amendment 85 #
2011/2013(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Takes the view that any initiative on European Contract Law in the B2C sphere must establish a very high level of consumer protection and that, should Member States nevertheless guarantee a higher level of protection, the annex to the law should make this explicitly clearconsumers should not be deprived of access to this protection;
Amendment 88 #
2011/2013(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Emphasises that although the supreme test of the effectiveness of any final instrument is the internal market itself;, invites the Commission to consider how best to encourage businessmen and consumers to make use of the new law voluntarilyt must be established beforehand that the initiative represents an added value to consumers and will not complicate cross- border transactions for both consumers and businesses; emphasises the need to include rules on the provision of appropriate information concerning its existence and the way it works to all potential interested parties and stakeholders (including national courts).
Amendment 94 #
2011/2013(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the Expert Group to clarify what is to be considered as "core contractual law issues";
Amendment 98 #
2011/2013(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Sees benefits in an OI containing specific provisions for the most frequent types of contract, in particular for the sale of goods and provision of services; reiterates its earlier call to include insurance contracts within the scope of the OI, believing that such an instrument could be particularly useful for small-scale insurance contracts; points out that some specific issues in connection with which an OI might be beneficial have been raised, such as digital rights and beneficial ownership; considers that, on the other hand, there might be a need to exclude certain types of complex public law contracts; in any case believes that the scope of the OI should be limited in the first instance;
Amendment 101 #
2011/2013(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the OI should be coherent with the existing acquis in contract law;
Amendment 103 #
2011/2013(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NoteConsiders that there seems to be a clear constituency among SMEs which is expecting benefits from an OI, with the caveat that it should be drawn up in a OI should be drawn up in a simple, clear and balanced manner which makes it simple and attractive to use for all parties, in particular SMEs and consumers;
Amendment 115 #
2011/2013(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that further work on cross- border alternative dispute resolution (ADR), which is speedy and cost-effective in particular for SMEs and consumers, remains a priority, but emphasises that, if the parties use one body of law provided by an OI, ADR will be further facilitated; calls on the Commission to consider synergies when putting forward a proposal; 1 United Nations Commission on International Trade Law Report of Working Group III (Online Dispute Resolution)on the work of its twenty-second session (Vienna, 13-17 December 2010), p. 8, 10.
Amendment 121 #
2011/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes concerns that consumers seldom feel they have a choice with regard to contract terms and are confronted with a ‘take it or leave it’ situation; strongly believes that an attractive OI, by opening up business opportunities and strengthening competition, will actually broaden the overall choice available to consumers while ensuring a high level of protection; wishes however for an explanation as to how this high level of protection can be achievable and as to how, at the same time, it would be possible to make the OI attractive to business;
Amendment 125 #
2011/2013(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises the vital importance of involving stakeholders from throughout the Union and from different sectors of activity, including legal practitioners and recalls the Commission to undertake a wide and transparent consultation with all the stakeholders before it takes a decision based on the results of the Expert Group;
Amendment 181 #
2011/0438(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) Under Article 9 of the Treaty on the Functioning of the European Union, the Union must, in defining and implementing its policies and activities, take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. This Directive contributes to attaining these objectives by encouraging socially sustainable public procurement, ensuring that social criteria are employed at all stages of the procurement procedure, and reinforcing all existing obligations at Union, national and international level relating to working conditions, social protection and public health.
Amendment 267 #
2011/0438(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Where contracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Where justified on public policy grounds in order to promote sustainable economic growth, contracting authorities may include criteria related to socio- economic impact in order to identify which tender offers the best value for money. Such cases may arise where there is a need to develop and retain a skilled workforce, foster business capacity in order to ensure that contracting authorities' future requirements can be met, or avoid any detrimental impact on the workforce or business capacity as a result of the contract award decision.
Amendment 279 #
2011/0438(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Taking into account recent case law of the Court of Justice of the EU, contracting authorities can chose an award criterion which refers to the fact that the product concerned is of fair trade origin, including the requirement to pay a minimum and price premium to producers.
Amendment 286 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working and employment conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 369 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) 'Life cycle characteristics' relate to choices relating to any part of the life cycle of a product or works or the provision of a service, as defined in point (22) of this article, including all aspects of choices relating to environmental protection, working conditions, labour rights, equality, social inclusion, human rights and ethical trade. Life cycle characteristics are embedded in a product as a result of choices made in the production or other non-use phases of the life cycle of the product, even if such characteristics are not apparent in the physical characteristics or functional qualities of the resulting product or service.
Amendment 377 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 point 23 b (new)
Article 2 – paragraph 1 point 23 b (new)
(23b) 'Accessibility' means easiness to approach, enter, exit, operate, participate in and use safely, independently, and with dignity a good, service, site, technology (including information and communication technologies and systems) or built environment, by a person with a disability or reduced mobility under all circumstances (including emergency cases). This does not exclude the use of assistive devices or augmentative and alternative communication to achieve accessibility for particular groups of persons with disabilities where this is needed.
Amendment 604 #
2011/0438(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States may reserve the right to participate in public procurement procedures to sheltered workshopsemployment and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshopssheltered employment, economic operators or programmes are disabled or disadvantaged workers.
Amendment 616 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The means of communication chosen must be generally available, accessible to persons with disabilities, and not restrict economic operators' access to the procurement procedure.
Amendment 905 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4
Article 40 – paragraph 1 – subparagraph 4
For all procurement the subject of which is intended for use by persons, whether general public or staff of the contracting authority, those technical specifications shall, except in duly justified cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 1054 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation or national laws, regulations and other binding provisions in the field of gender, social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1111 #
2011/0438(COD)
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Where they require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons, social and solidarity economy and ethical trade requirements, contracting authorities shall refer to quality assurance systems based on the relevant European standards series certified by accredited bodies or multi-stakeholder third-party verified organisational assurance schemes. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits.
Amendment 1173 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative character and where justified on public policy grounds in order to promote sustainable economic growth, socio- economic impact;
Amendment 1185 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point b a (new)
Article 66 – paragraph 2 – point b a (new)
(ba) socially sustainable production process criteria, which may also involve the employment of disadvantaged individuals or members of vulnerable groups;
Amendment 107 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, or area-specific character, a Member State should be able to refuse partial access.
Amendment 150 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship which provides the trainee with certain professional rights and forms part of the training for a regulated profession in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 186 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships which form part of the training for a regulated profession, insofar as the trainee acquires certain professional rights, pursued in another Member State.
Amendment 180 #
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. In the event that costs are applied, they should be reasonable, proportionate and modest to ensure that the ADR procedure is accessible, attractive and at a low cost for consumers. This should not restrict the ability of dispute resolution services which already operate by charging businesses for their services on a case by case basis or an industry-wide levy.
Amendment 226 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
An agreement between a consumer and a trader to submit complaints to an ADR entity should not be binding on the consumer if it was concluded before the dispute arises and if it deprives the consumer of his right to bring an action before the courts for the resolution of the dispute. In the case of ADR entities which impose solutions, the solutions should only be binding on the parties if they were informed of binding nature in advance and specifically accepted this. This provision should not apply where national rules provide that solutions are binding on the trader.
Amendment 322 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may provide for procedural rules that can be applied by an ADR entity in order to ensure that it only deals with those disputes which are appropriate to be dealt with through ADR and that these disputes are submitted in a timely manner. Member States should ensure that such procedural rules do not unreasonably limit the scope of application of ADR in that Member State.
Amendment 356 #
2011/0373(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a 1. Member States shall ensure that the decision taken by the ADR entity shall be binding on the parties only if they were informed of its binding nature in advance and specifically accepted this. 2. Member States shall ensure that an agreement between a consumer and a trader to submit complaints to an ADR entity is not binding on the consumer if it was concluded before the dispute arises and if it deprives the consumer of his right to bring an action before the courts for the resolution of the dispute. This provision shall not apply where national rules provide that solutions are binding on the trader.
Amendment 385 #
2011/0373(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each Member State shall designate an authority as competent authority in charge of monitoring the functioning and development of ADR entities established on its territory. Each Member State shall communicate the authorityterms of Articles 16 and 17. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission among the competent authorities established on its territory. Each Member State shall communicate the authority or, where appropriate, the competent authorities including the single point of contact it has designated to the Commission.
Amendment 289 #
2011/0298(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to give all relevant information to investors, it is appropriate to require investment firms providing investment advice to clarify the basis of the advice they provide, notably the range of products they consider in providing personal recommendations to clients, whether they provide investment advice on an independent basis and whether they provide the clients with the on-going assessment of the suitability of the financial instruments recommended to them. It is also appropriate to require investment firms to explain their clients the reasons of the advice provided to them. In order to further define the regulatory framework for the provision of investment advice, while at the same time leaving choice to investment firms and clients, it is appropriate to establish the conditions for the provisions of this service when firms inform clients that the service is provided on an independent basis. In order to strengthen the protection of investors and increase clarity to clients as to the service they receive, it is appropriate to further restrict the possibility for firms to accept or receive inducements from third parties, and particularly from issuers or product providers, when providing the service of investment advice on an independent basis and the service of portfolio management. In such cases, only limited non-monetary benefits as training on the features of the products should be allowed subject to the condition that theyse services do not impair the ability of investment firms to pursueact in the best interest of their clients, as further clarified in Directive 2006/73/EC. To further protect consumers, it is appropriate to ensure investment firms do not remunerate or assess the performance of their staff in a way that conflicts with the firms duty to act in the best interests of their clients.
Amendment 712 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 4
Article 24 – paragraph 3 – subparagraph 1 – indent 4
– costs and associated charges, which must include the cost of advice and how the client may pay for it.
Amendment 763 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
6. When providing investment advice, portfolio management the investment firmor another service whereby a retail client is entitled to rely upon its judgement the investment firm: a) shall only be remunerated through charges payable by or on behalf of the client, and shall not solicit or accept any other payments or benefits in relation to these services; and b) shall not accept or receive fees, commissions or any monetaryother benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients.
Amendment 775 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6 a. An Investment firm which advises on or sells financial instruments to retail clients shall ensure it does not remunerate or assess the performance of its staff in a way that conflicts with its duty to act in the best interests of its clients. In particular it shall not make any arrangement by way of remuneration or otherwise that could benefit staff such that they are incentivised to recommend a particular financial instrument to a retail client when the firm could offer another financial instrument which would better meet that client's needs.
Amendment 344 #
2011/0284(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 372 #
2011/0284(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 64 #
2011/0203(COD)
Proposal for a directive
Recital 56
Recital 56
(56) It is therefore appropriate to require credit institutions and relevant investment firms to hold, in addition to other own fund requirements, a Capital Conservation Buffer and a Countercyclical Capital Buffer to ensure that credit institutions and investment firms accumulate during periods of economic growth a sufficient capital base to absorb losses in stressed periods. The Countercyclical Capital Buffer would be built up when aggregate credit growth is judged to be associated with a build-up of system-wide risk, and drawn down during stressed periods.
Amendment 447 #
2011/0203(COD)
Proposal for a directive
Article 122 – paragraph 1 a (new)
Article 122 – paragraph 1 a (new)
The provisions of this chapter shall not apply to investment firms that are not authorised to provide the investment services listed in points 3 and 6 of Section A of Annex I to Directive 2004/39/EC .
Amendment 361 #
2011/0202(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point f a (new)
Article 24 – paragraph 1 – point f a (new)
(fa) Eligible partnership capital
Amendment 1264 #
2011/0202(COD)
Proposal for a regulation
Article 416 – paragraph 1
Article 416 – paragraph 1
1. Institutions, other than investment firms that are not authorised to provide the investment services listed in points 3 and 6 of Section A of Annex I to Directive 2004/39/EC, shall calculate their leverage ratio according to the methodology set out in paragraphs 2 to 10.
Amendment 30 #
2011/0187(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 33 #
2011/0187(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Higher domestic tariffs on calls, SMS and data's (including those bound for other countries than the domestic country) comparing to roaming tariffs are not beneficial to the consumer and create a market distortion; from 2012, domestic tariffs should hence not exceed the retail price caps defined for the roaming tariffs.
Amendment 34 #
2011/0187(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) To achieve a single telecoms market, each linked telecom company belonging to the same group should be encouraged to couple their national licenses under the umbrella of one single European operator; in the future, existing telecommunication licences as well as new licenses for mobile network should cover the whole European territory and not only a single Member State.
Amendment 41 #
2011/0187(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Protecting the principles of the neutrality and openness of the Internet and the end users’ ability to access and distribute information and run applications and services of their choice should become even more important as the Digital Single Market is created in particular through roaming.
Amendment 42 #
2011/0187(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to allow for the development of a more efficient and competitive market for roaming services, there should be no restrictions that prevent undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. However, at present there are obstacles to the access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings. The removal of these obstacles would facilitate the development of alternative and innovative roaming services and offers for customers, in particular from virtual network operators. It would also facilitate the development of pan-European services.
Amendment 61 #
2011/0187(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, n. No minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 65 #
2011/0187(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Operators should take the appropriate measures to ensure that cross-border consumers do not face problems due to their cross-border location, such as roaming charges while they are still in their home country.
Amendment 73 #
2011/0187(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the transitory retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network, is a mobile virtual network operator or is a reseller of mobile voice telephony services.
Amendment 78 #
2011/0187(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. All information and offers should be clear, understandable, comparable and transparent with regard to prices and service characteristics. Advertising of roaming offers and marketing to consumers should fully comply with consumer protection legislation, in particular with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (‘Unfair Commercial Practices Directive’)1. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it. _____________ 1 OJ L 149, 11.6.2005, p. 22
Amendment 80 #
2011/0187(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Moreover, measures should be introduced to improve the transparency of retail prices for dataall roaming services, in particular to eliminate the problem of ‘bill shock’ which constitutes a barrier to the smooth functioning of the internal market, and to provide roaming customers with the tools they need to monitor and control their expenditure on data roaming services. Equally, there should be no obstacles to the emergence of applications or technologies which can be a substitute for, or alternative to, roaming services, such as WiFi. Consumers should be provided with this information, thereby allowing them to make an informed choice.
Amendment 95 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation introduces a common approach to ensuringbring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure that users of public mobile communications networks when travelling within the Union do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice. The second step is to put in place the necessary measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.
Amendment 98 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It lays down rules to guarantee the separate sale of roaming services from domestic mobile communications services and the conditions for wholesale access to public mobile telephone networks for the purpose of provision of roaming services. It also lays down transitory rules on the charges that may be levied by mobile operators for the provision of Union-wide roaming services for voice calls and SMS messages originating and terminating within the Union and for packet switched data communication services used by roaming customers while roaming on a mobile communications network in another Member State. It applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.
Amendment 104 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘home provider’ means an undertaking that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller;
Amendment 110 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
Amendment 112 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘wholesale roaming access’ means the making available of facilities and/or services to another undertaking, on a non- discriminatory basis, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 113 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 116 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for wholesale roaming access, including those from mobile virtual network operators and resellers. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 120 #
2011/0187(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 140 #
2011/0187(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2016, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 144 #
2011/0187(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 152 #
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 0,140 per minute as of 1 July 2012.
Amendment 161 #
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 0,107 and EUR 0,064, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,064 for the duration of this Regulation.
Amendment 167 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per second basis adjusted to take account of the possibility for the operator of the visited network to apply an initial minimum charging period not exceeding 30 seconds.
Amendment 169 #
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 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. Without prejudice to Articles 13 and 19 tThese regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 183 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Any roaming customer may request to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription, save that where a roaming customer who has subscribed to a special roaming package which includes more than one roaming service (namely, voice, SMS and/or data) wishes to switch to a Eurotariff, the home provider may require the switching customer to forego the benefits of the other elements of that package. A home provider may delay a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period.
Amendment 190 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. Without prejudice to Articles 13 and 19, t07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 200 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Any roaming customer may request to switch to or from a Euro-SMS tariff at any time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-SMS tariff may always be combined with a Eurotariff.
Amendment 214 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,950 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. Without prejudice to Articles 13 and 19, tThe regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 226 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Any roaming customer may request to switch to or from a Euro-data tariff respecting their contractual conditions at any point in time. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding threewo months, including the eventual contractual notice period. A Euro-data tariff may always be combined with a Euro-SMS tariff and a Eurotariff.
Amendment 229 #
2011/0187(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 235 #
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 is at least 18 years old and 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 and in the currency of his home bill) 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 239 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall include the maximumactual charges (including VAT and in the currency of his home bill) the customer may be subject to under his tariff scheme for:
Amendment 243 #
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 248 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 252 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
Amendment 257 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, both inside and outside the Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 261 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 266 #
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 chargesactual charges (including VAT and in the currency of his home bill) applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information. Since the bill is charged per Megabyte, the automatic message shall also give a clear example of what a Megabyte of data accounts for.
Amendment 274 #
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 279 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 281 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT). For customers younger than 18 years old the limit shall be close to, but not exceed, EUR 20 of outstanding charges per monthly billing period (excluding VAT).
Amendment 284 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent 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, when the data roaming services have reached 50% and 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 290 #
2011/0187(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Price comparison Any price information about retail voice, SMS and data roaming services to customers shall include VAT. The Commission shall investigate transparency and comparability of different tariffs proposed by operators to their customers, and report back to the European Parliament and the Council on further measures necessary to ensure that consumers can easily compare these tariffs, and thus make it easier to take a decision to switch from one operator to another.
Amendment 291 #
2011/0187(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Those penalties shall include an obligation of providers to provide a compensation to subscribers when they delay or hinder a subscriber's switch to an alternative roaming provider. Member States shall notify those provisions to the Commission no later than 30 March 2012 and shall notify it without delay of any subsequent amendment affecting them.
Amendment 293 #
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 RegIn order to bring about the necessary changes for a single market in mobile phone communications, as provided in Article 4a, the Commission, after consultation and, after a public consultationwith BEREC and other relevant stakeholders, shall preportsent a new legislative proposal to the European Parliament and the Council no later than 30 June 2015. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:by 1 January 2013, which shall also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services. That proposal shall also include a proposal to create European operators and licences covering the whole Union;
Amendment 296 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 1
Article 19 – paragraph 1 – indent 1
Amendment 297 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 2
Article 19 – paragraph 1 – indent 2
Amendment 298 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 3
Article 19 – paragraph 1 – indent 3
Amendment 299 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 4
Article 19 – paragraph 1 – indent 4
Amendment 300 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – indent 5
Article 19 – paragraph 1 – indent 5
Amendment 301 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 154 #
2011/0062(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 244 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that consumers provide creditors and, where applicable, credit intermediaries with complete and correctrequest from consumers all necessary information on their financial situation and personal circumstances in the context of the credit application process. That information should be supported, when necessary, by documentary evidence from independently verifiable sources.
Amendment 245 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
As regards the information to be provided by the consumer in order for the creditor to be able to conduct a thorough assessment of the consumer's creditworthiness and make a decision on whether or not to grant the creditrequested from the consumer under paragraph 1, Member States shall ensure that creditors, at the pre-contractual phase, clearly specify the information, including independently verifiable evidence where necessary, that the consumer needs to provide. Member States shall also ensure that creditors state the exact timing by which consumers are required to provide such information.
Amendment 246 #
2011/0062(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 a (new)
Article 15 – paragraph 2 – subparagraph 1 a (new)
2a. Member States shall ensure that creditors and, where applicable, credit intermediaries undertake appropriate due diligence to verify that the consumer has provided necessary information as requested under paragraph 1. Member States shall ensure that subsequent to an offer of credit being made, the consumer may not be sanctioned by the creditor for failing to provide complete information where the credit provider or where applicable, credit intermediary failed to request such information from the consumer or failed to undertake appropriate due diligence to ensure such complete information had been provided.
Amendment 272 #
2011/0062(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The efficient functioning of this Directive will need to be reviewed, as will progress on the establishment of an internal market with a high level of consumer protection for credit agreements relating to residential immovable property. The Commission should therefore review the Directive five years after the deadline for its transposition. The review should include, among other things, an analysis of the evolution of the market for non-credit institutions providing credit agreements relating to residential immovable property, and an impact assessment on the implications of early repayments and a possible cap on indemnity. An assessment on the need for further measures, including a passport for such non-credit institutions, an examination of the necessity to introduce rights and obligations with regard to the post- contractual stage of credit agreements, and an assessment of whether an extension of the scope to include lending to small companies is warranted.
Amendment 277 #
2011/0062(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 2
Article 24 – paragraph 1 – subparagraph 2
Amendment 684 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2 a (new)
Article 18 – paragraph 2 – subparagraph 2 a (new)
Requests the European Commission to undertake an impact assessment on the structural implications of early repayments and a possible cap on indemnity on the EU mortgage market. Furthermore with the intention of ensuring that any reductions in indemnity does not cause further costs and less flexibility for the consumer in the long term.
Amendment 14 #
2010/2304(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on Member States, the Commission and BEREC, in consultation with the public authorities, to facilitate public-private partnerships and deploy other European funding instruments, including ERDF and EBRD funds;
Amendment 23 #
2010/2152(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Member States to take due account of the importance of innovation for strong and sustainable growth by ensuring that innovation is properly financed, namely through the creation of EU project bonds and through a legislative framework to allow venture capital funds to invest freely throughout the EU
Amendment 25 #
2010/2152(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the importance of ensuring that industry is able to compete in the sustainable economy of the future and considers that trade policy should continue to support green growth and climate change objectives, in particular reduced carbon emissions.
Amendment 26 #
2010/2152(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Takes the view that with an ageing population the older workforce are a valuable resource in trade and barriers should be removed to encourage and incentivise them to remain working.
Amendment 27 #
2010/2152(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission and the Council to promote sustainable development and international labour standards both inside and outside the EU.
Amendment 40 #
2010/2052(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to update, clarify and strengthen its guidelines on the implementation of the UCPD on a regularn annual basis; encourages the Member States to take those guidelines into account as far as possible;
Amendment 113 #
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 by 2012;
Amendment 119 #
2010/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for all children's specific interests to be free from targeted advertising;
Amendment 53 #
2010/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need, which has been recognised since the 1990s, to ensure direct participation by societal stakeholders at European level in order to reflect their views more effectively, given that their representation on national technical committees in most Member States remains weak; affirms that, as very limited progrsuccess has been made toachieved in increaseing societal stakeholder participation at national levelin most Member States, financial and political support for the European organisations established to represent such stakeholders needs to be maintaikept and strengthened at least in the period to 2020;
Amendment 74 #
2010/2051(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that similar procedures, establishing an alternative model featuring a predetermined number of seats for the various stakeholder organisations, would constitute a significant improvement compared with the traditional process of standards development in support of EU policies and legislation; maintains that, despite the current difficulties in generalising the use of such a multi-stakeholder model, this approach the use of such a model should be explored by the ESOs without delay as an alternative for the drafting of standards in areas of exceptional public interest, in order to ensure a balanced decision-making process; proposes that the 98/34 Committee (or its successor) should decide, when considering a mandate, whether to use this alternative model if the standard in question makes it vital to secure broader stakeholder participation; invites the European Commission to propose means through which it would ensure the participation of stakeholders in the alternative model is financed; stresses that such a model would not affect the national delegation principle, as the draft standard would continue to be examined by national mirror committees and adopted on a weighted vote by the national standards bodies (NSBs);
Amendment 83 #
2010/2051(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Member States to ensure effective representation of all relevant stakeholders on national technical committees by establishing monitoring and reporting mechanisms and, where necessary, providing financial support to weaker societal stakeholders in order to facilitate theirensure their effective participation;
Amendment 35 #
2010/0252(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Harmonised standards under Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity7 are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to the existing and future spectrum users.
Amendment 37 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimalcan be used 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 20135. In the longer term, additional spectrum below 790 MHzin the UHF band could also be envisaged, depending on actual market demands, social and cultural objectives, 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.
Amendment 55 #
2010/0252(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Decision is without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, and in particular relating to content regulation and audiovisual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 57 #
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, while at the same time respecting the important social, cultural and economic value of spectrum;
Amendment 62 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, while taking into account important general interest objectives such as cultural diversity and media pluralism, as well as the interests of various radio spectrum users;
Amendment 84 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 17 Januaryune 20135 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations untilthe digital switchover process is already well advanced or completed and where the migration of incumbent services can be managed on time, the Commission recommends to make the band available by 1 January 20153. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1UHF band (i.e. spectrum between 300 MHz and 3GHz) and assess whether additional spectrum could be freed and made available for new applications.
Amendment 90 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, they shall examine ways and, where necessary, take appropriate measures to ensure that the freeing of the 800 MHz band does not adversely affect programme making and special events (PMSE) users nor lead to disruption of the existing broadcasting services.
Amendment 92 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Member States, in cooperation with the Commission, shall implement necessary technical and regulatory measures in order to avoid harmful interference from electronic communications services in the 800 MHz band to broadcasting and PMSE services below 790 MHz.
Amendment 93 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. The Commission shall encourage Member States to ensure the timely availability of sufficient funds to cover the migration costs and the costs associated with the measures to limit interferences to broadcasting services.
Amendment 103 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities, based on clearly defined and transparent assessment criteria and methodologies. It shall take into account future needs for spectrum based on consumers ‘and operators’ demands, and of the possibility to meet such needs.
Amendment 35 #
2010/0207(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It should be possible for Deposit Guarantee Schemes to go beyond a pure reimbursement function by requiring member institutions to supply additional information and on this basis building up early warning systems. In this way risk- dependent contributions can be adjusted at an early stage or preventive measures against recognised risks can be proposed. In the event of impending imbalances, Deposit Guarantee Scheme operators should be able to decide on support measures or to use their resources to support orderly winding-up of problematic institutions in order to avoid the costs of reimbursing depositors and the other adverse impacts of insolvency.
Amendment 46 #
2010/0207(COD)
Proposal for a directive
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Such tests shall take place at least every three years or more frequently when the circumstances require it. The first test shall take place by 31 December 2013.
Amendment 49 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the coverage for the aggregate deposits of each depositor shall be EUR 1050 000 in the event of deposits being unavailable.
Amendment 50 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1a (new)
Article 5 – paragraph 1 – subparagraph 1a (new)
(1a) Member States outside the euro area will be provided with an equivalent set protection sum in their currency, rounded to the nearest unit of 1000.
Amendment 51 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that Deposit Guarantee Schemes do not deviate from the coverage level laid down inconfer an entitlement pursuant to paragraph 1. HoweverIn addition, Member States may decidshall ensure that the following deposits are covered provided that the costs for such repayments are not subject to Article 9, 10 and 11fully protected:
Amendment 54 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) deposits resulting from real estate transactions forrelating to private residential purposroperties for up to 12 months after the amount has been credited;
Amendment 55 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) deposits that fulfilserve social considerationpurposes defined in national law and are linked to particular life events such as marriage, divorce, retirement, dismissal, invalidity or decease of a depositor. The coverage shall not exceed a time period of 12 months after such even., for up to 12 months after the amount has been credited;
Amendment 57 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(ba) deposits that serve purposes defined in national law and are based on the payment of insurance benefits or compensation, for up to 12 months after the amount has been credited.
Amendment 60 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Member States may round off the amounts resulting from the conversion, provided that such rounding off does not exceed EUR 2 55 000.
Amendment 61 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The amount referred to in paragraph 1 shall be reviewed periodically by the Commission at least once every five years. If appropriate, the Commission shall submit to the European Parliament and to the Council a proposal for a Directive to adjust the amount referred to in paragraph 1, taking account in particular of developments in the banking sector and the economic and monetary situation in the Union, notably currency fluctuations. The first review shall not take place before 31 December 2015 unless unforeseen events necessitate an earlier review.
Amendment 62 #
2010/0207(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1a (new)
Article 6 – paragraph 1 – subparagraph 1a (new)
(1a) Member States can decide that deposits are not aggregated within the same credit institution if national law allows for credit institution to operate under different brands. Deposits will be aggregated within the credit institution. In case the amount of the aggregated deposits exceeds the coverage level per depositor of Article 5 (1), the contributions of Articles 9 and 11 will be raised accordingly
Amendment 64 #
2010/0207(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
From 1 January 2013, the applicable repayment period referred to in paragraph 1 shall be seven working days.
Amendment 74 #
2010/0207(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Information to actual depositors shall be provided on their statements of account, on an information sheet when opening their account and at least annually by posted letter. This information shall consist of a confirmation that the deposits are eligible pursuant to Article 2(1) and Article 4. Moreover, reference shall be made to the information sheet in Annex III and where it can be obtained. The web site of the responsible Deposit Guarantee Scheme may also be indicated.
Amendment 75 #
2010/0207(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. If credit institutions merge, their depositors shall be informed of the merger at least one month before it takes legal effect. Depositors shall be informed that when the merger becomes effective, all their deposits held with each of the merging banks would after the merger be aggregated in order to determine their coverage under the Deposit Guarantee Scheme. Depositors will be given a three month period following notification of the merger to choose another bank brand to ensure they are protected in each bank account to the amount set out in Article 5 (1). During the three month period, if the amount set out in Article 5 (1) is exceeded, it will be protected by multiplying the amount set out in Article 5 (1) by the number of accounts which have merged.
Amendment 76 #
2010/0207(COD)
Proposal for a directive
Article 14 – paragraph 7
Article 14 – paragraph 7
7. If a depositor uses internet banking, the information required to be disclosed by this Directive shall be communicated by electronic means in a way that brings it to the attention of the depositor or on paper if the depositor chooses.
Amendment 77 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 2
Annex 3 – paragraph 2
This repayment covers at maximum EUR 1050 000 per bank. This means that all deposits at the same bank are aggregated in order to determine the coverage level. If, for instance a depositor holds a savings account with EUR 9120 000 and a current account with EUR 240 000, he or she will only be repaid EUR 1050 000.
Amendment 78 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 3
Annex 3 – paragraph 3
[Only where applicable]: This method will also be applied if a bank operates under different tbranding names for its customers. The [insert name of the account-holding credit institution] also trades under [insert all other brands of the same credit institution]. This means that all deposits with one or more of these brand names are each in total covered up to EUR 1050 000.
Amendment 79 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 4
Annex 3 – paragraph 4
In case of joint accounts, the limit of EUR 1050 000 applies to each depositor.
Amendment 80 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 5
Annex 3 – paragraph 5
[Only where applicable:] However, deposits in an account to which two or more persons are entitled as members of a business partnership, association or grouping of a similar nature, without legal personality, are aggregated and treated as if made by a single depositor for the purpose of calculating the limit of EUR 1050 000.]
Amendment 81 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 7
Annex 3 – paragraph 7
The responsible Deposit Guarantee Scheme is [insert name and address, telephone, e-mail and web site]. It will repay your deposits (up to EUR 1050 000) within six weeks at the latest, from 31 December 2013 within one week.
Amendment 82 #
2010/0207(COD)
Proposal for a directive
Annex 3 – paragraph 9
Annex 3 – paragraph 9
[Only where applicable:] Your deposit is guaranteed by an Institutional Guarantee Scheme [recognized/not recognized] as a Deposit Guarantee Scheme. This means that all banks that are members of this scheme mutually support each other in order to avoid a bank failure. However, if a bank failure would nevertheless occur, your deposits will be repaid up to EUR 1050 000.
Amendment 2 #
2009/2229(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the intensified use of the Iinternet by citizens, consumers, companies and authorities contributes to the further developmentimplies that this communication instrument is becoming one of the fundamental elements of the completion of the Iinternal Mmarket within the EU; stresses in this context the need for appropriate consumer protection of consumers and intellectual property rights holders on the Iinternet;
Amendment 13 #
2009/2229(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls uponEmphasises that internet governance companies toshould facilitate e-commerce and cross- border transactions by decentralising the self-regulatory roles, especially in setting entry conditions for new competitors.
Amendment 15 #
2009/2175(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the Treaty on the Functioning of the European Union incorporates the notion of a social market economy, a social clause, and a protocol on Services of General Interest defining the values that are shared in the EU, to ensure European policies develop in a way that meets the aspirations of Europe’s citizens,
Amendment 27 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality; and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);
Amendment 32 #
2009/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement and calls on the Commission to take steps to ensure that both this committee and the planned new committee on public-private partnerships have a balanced composition including the social partners and work in a transparent manner;
Amendment 40 #
2009/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States, calls on the Commission to apply the relevant Treaty provisions to public procurement;
Amendment 74 #
2009/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 75 #
2009/2175(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the view that public contracts concern public funds and that therefore public contracts should be transparent and open for public scrutiny; asks the Commission to clarify this so local and other public authorities have certainty that they can inform their citizens of the contractual obligations entered into;
Amendment 97 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Socially Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organisedevelop objectives and targets for the integration of social criteria in public contracts, reinforced by training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 114 #
2009/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment;
Amendment 7 #
2009/2173(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need for effective compensation mechanisms for individual victims of antitrust infringements, calls on the Commission to adopt a consistent approach between rules for collective redress in competition law and in the general consumer protection framework, while stressing that this approach must not delay or avoid the development of specific proposals and measures identified as necessary for the full enforcement of competition law;
Amendment 15 #
2009/2138(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that SOLVIT centres are understaffed; calls on all SOLVIT centres to recruit staff who are appropriately qualified and experienced for the position they will hold;
Amendment 20 #
2009/2138(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of the exchange of information between SOLVIT centres and therefore recommends that Member States' SOLVIT centres meet regularly to allow for the exchange of information and to share examples of best practice and systems;
Amendment 22 #
2009/2138(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls upon Member States to promote SOLVIT using all forms of media to ensure a wide outreach to citizens and businesses about how to enforce their rights; furthermore, calls on Members of the European Parliament to promote the role of SOLVIT in their constituencies;
Amendment 25 #
2009/2138(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on Member States to provide civil servants from within the relevant administrative services to facilitate the resolution of cases which are outside the remit of SOLVIT (SOLVIT+) to increase the success and efficiency of SOLVIT centres;
Amendment 35 #
2009/2138(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon Member States to increase staffing of SOLVIT centres using the European Social Fund to build up the administrative capacity in respective government ministries proportional to that country's population and the number of questions dealt with previously;
Amendment 72 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
Amendment 78 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) In order to improve the efficiency of cross border right issues and to adequately take into account the size of issuers, notably credit institutions issuing the securities mentioned in Article 1(2)(j) of Directive 2003/71/EC at or above the limit laid down in that Article and companies with reduced market capitalization, a proportionate disclosure regime should be introduced for rights issues and for offers of shares of SMEs referred to in Article 2(1)(f) of Directive 2003/71/EC, and issuers with reduced market capitalization and offers of non-equity securities referred to in Article 1(2)(j) of Directive 2003/71/EC issued by credit institutions at or above the limit laid down in that Article.
Amendment 83 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
Amendment 88 #
2009/0132(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) When the prospectus is supplemented, harmonization at Community level of the time frame for the exercise by investors of the right of withdrawal of their previous acceptances would provide certainty to issuers making cross border offers of securities. To provide flexibility to issuers from Member States with traditionally longer time frame in this regard, the issuer, the offeror or the person asking for the admission to trading on a regulated market should be able to extend voluntarily the term for the exercise of that right. To improve legal certainty, the supplement to the prospectus should specify when the right of withdrawal ends.
Amendment 98 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point a a (new)
Article 1 – point 2 – point a a (new)
Directive 2003/71/EC
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(aa) The following point is inserted after point f: "(fa) ‘company with reduced market capitalisation’ means a company listed on a regulated market or admitted to trading on a multilateral trading facility (MTF) as defined in Article 4(1)(15) of Directive 2004/39EC, provided that such companies are subject to appropriate ongoing disclosure requirements and that trade in the securities on the MTF is subject to rules on market abuse and having had an average market capitalisation of less than EUR 100 000 000 on the basis of end-year quotes during the last three calendar years."
Amendment 104 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(-a) In paragraph 2, point (b) is replaced by the following: "(b) an offer of securities addressed to fewer than 250 natural or legal persons per Member State, other than qualified investors; and/or"
Amendment 132 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/71/EC
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The prospectus shall contain information concerning the issuer and the securities to be offered to the public or to be admitted to trading on a regulated market. It shall also include a summary. The summary shall, in a brief manner and in non-technical language, convey the essential characteristics and risks associated with the issuer, any guarantor and the securities, in the language in which the prospectus was originally drawn up. The format and content of the summary of the prospectus shall provide key information in order to enableaid investors to take informed investment decisions and to compare the securities with other investment products. The summary shall also contain a warning that:
Amendment 135 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/71/EC
Article 6 – paragraph 2 – second subparagraph
Article 6 – paragraph 2 – second subparagraph
However, Member States shall ensure that no civil liability shall attach to any person solely on the basis of the summary, including any translation thereof, unless it is misleading, inaccurate or inconsistent, when read together with the other parts of the prospectus, and it does not provide key information enabling investors to take informed investment decisions and to compare the securities with other investment products.
Amendment 140 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 7 – point b
Article 1 – point 7 – point b
Directive 2003/71/EC
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) a proportionwhere a company whose shares are admitted to trading on a regulated market makes an offer of shares by way of a pre- emptive rights issue, an abbreviated disclosure regime shallould apply to rights issues of, which shall be proportionate to the information needs of existing investors. Member States may also choose to extend that proportionate disclosure regime to offers of equity securities by companies whose sharequity securities are admitted to trading on a regulated market. multilateral trading facility (MTF) as defined in Article 4(1)(15) of Directive 2004/39/EC.
Amendment 145 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2003/71/EC
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. A prospectus shall be valid for 124 months after its publication for offers to the public or admissions to trading on a regulated market, provided that the prospectus is completed by any supplements required pursuant to Article 16. 2. In the case of an offering programme, the base prospectus, previously filed, shall be valid for a period of up to 124 months.
Amendment 149 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2003/71/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. A registration document, as referred to in Article 5(3), previously filed and approved, shall be valid for a period of up to 124 months provided that it has been supplemented in accordance with Article 16. The registration document, supplemented if necessary in accordance with Article 16, accompanied by the securities note and the summary note shall be considered to constitute a valid prospectus.
Amendment 154 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/71/EC
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 157 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/71/EC
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Every significant new factor, material mistake or inaccuracy relating to the information included in the prospectus which is capable of affecting the assessment of the securities and which arises or is noted between the time when the prospectus is approved and the final closing of the offer to the public or, as the case may be, the time when trading on a regulated market begins, whichever occurs earlilater, shall be mentioned in a supplement to the prospectus. Such a supplement shall be approved in the same way in a maximum of seven working days and published in accordance with at least the same arrangements as were applied when the original prospectus was published. The summary, and any translations thereof, shall also be supplemented, if necessary to take into account the new information included in the supplement.
Amendment 162 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/71/EC
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right, exercisable within two working days after the publication of the supplement, to withdraw their acceptances in the event of adverse developments, provided that settlement has not yet taken place. This period may be extended by the issuer, the offeror or the person asking for the admission to trading on a regulated market. The final date of the right of withdrawal shall be stated in the supplement.
Amendment 21 #
2009/0118(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) Tax evasion and tax avoidance extending across the frontiers of Member States lead to budget losses and violations of the principle of fair taxation and are liable to bring about distortions of capital movements and of the conditions of competition. They therefore negatively affect the operation of the internal market.
Amendment 24 #
2009/0118(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) In view of the repetitive nature of certain requests and the linguistic diversity within the Community, it is important to spread and promote the use of standard forms in the exchange of information so that information requests can be processed more quickly.
Amendment 25 #
2009/0118(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) The conditions for the exchange of, and automated access of Member States to electronically stored data in each Member State and the means of storage of such data should be clearly defined.
Amendment 26 #
2009/0118(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
The persons referred to in point (b) shall be invited to give their opinion on the quality of the information held.
Amendment 27 #
2009/0118(CNS)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The list and details of the data referred to in paragraph 1(b), (c), (d) and (df) and paragraph 2 of this Article shall be adopted in accordance with the procedure referred to in Article 60(2), without imposing a disproportionate administrative burden on that requested authority.
Amendment 31 #
2009/0118(CNS)
Proposal for a regulation
Article 35
Article 35
The structure established under Article 34 shall be made up of competent officials designated by the competent authorities of the Member States. ItMember States shall coordinate, guide and supervise the performance of the tasks referred to in Article 34(1), and shall be provided with technical, administrative and operational support by the Commission.
Amendment 37 #
2009/0118(CNS)
Proposal for a regulation
Article 59 – paragraph 1 – point c a (new)
Article 59 – paragraph 1 – point c a (new)
(ca) ensure the highest standard of quality of the data exchanged, with the highest degree of transparency, where appropriate.
Amendment 201 #
2009/0064(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive does not regulate AIF and. AIF may therefore continue to be regulated and supervised at the national level and this Directive does not prevent Member States from adopting or from continuing to apply nadditional requirements in respect of AIF established on their territory. The fact that a Member State may impose additional requirements on AIF domicilestablished on its territory compared to requirements applicable in other Member States should not prevent the exercise of rights of AIFM authorised in other Member States in accordance with this Directive to market to professional investors AIF domiciled outsideestablished in a Member State other than the Member State imposing additional requirements and which are therefore not subject to and do not need to comply with those additional requirements.
Amendment 203 #
2009/0064(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) This Directive should also establish high requirements for AIFM, but should not prevent Member States from adopting additional requirements in respect of AIFM established on their territory, for example, in order to ensure investor protection. Any additional requirements on locally domiciled AIFM should not be invoked to prevent the exercise of rights conferred by this Directive on AIFM authorised in another Member State in accordance with this Directive.
Amendment 233 #
2009/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Reliable and objective asset valuation is crucial for the protection of investor interests. Different AIFM employ different methodologies and systems for valuing assets, depending on the assets and markets in which they predominantly invest. It is appropriate to recognise these differences but to, nevertheless, require the valuation of assets to be undertaken by an entity which is independentAIFM to implement valuation procedures to ensure the proper valuation of assets of the AIF to derive a fair net asset value of the shares or units of the AIFM.
Amendment 453 #
2009/0064(COD)
Proposal for a directive
Article 3 – point c
Article 3 – point c
Amendment 514 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Entities which are neither authorised in accordance with this Directive nor, in case of an AIFM established in the Union that is not covered by this Directive, in accordance with the national law of a Member State, shall not be allowed to provide management services to AIF or market units or shares thereof within the Community.
Amendment 523 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 538 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 2 e (new)
Article 4 – paragraph 2 e (new)
2e. Member States may authorise the AIF to be the AIFM. However, each AIF can only have one AIFM.
Amendment 539 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 2 f (new)
Article 4 – paragraph 2 f (new)
2f. The AIFM shall be either: (a) an external manager, which is the legal person appointed by the AIF or on behalf of the AIF (the appointed AIFM) and which through this appointment is responsible for managing the entire portfolio of the AIF; or (b) where the law under which the AIF is established requires the AIF to have a governing body with responsibility for the management of the AIF and that governing body chooses not to designate an external manager as the AIFM, the AIF itself shall be authorised as the AIFM.
Amendment 727 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The valuatorion procedures used shall ensure that the assets, shares and units are valued at least once a year, and each time shares or units of the AIF are issued or redeemed if this is more frequent, but only where the shares or units are to be issued or redeemed at a price calculated by reference to the net asset value per unit or share.
Amendment 741 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. AIFM shall ensure that teach AIF has a published valuator has appropriate and consistent procedures to value the assets of the AIF in accordance with existing applicableion methodology statement or accounting policy which is appropriate for the assets of the AIF and consistent with existing generally accepted accounting standards, valuation standards andor rules, in order to reflect thederive a fair net asset value of the shares or units of the AIF.
Amendment 757 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The rules applicable to the valuation of assets and the calculation of the net asset value per unit or share of the AIFshare or unit of the AIF shall be as set out in the relevant financial reporting standards as adopted by the EU or, where such financial reporting standards do not automatically apply, it shall be laid down in the law of the countryMember State where the AIF is domicilestablished or in the AIF rules or instruments of incorporation that such standards must be applied.
Amendment 772 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission shall adopt implementing measures further specifying the criteria under which a valuator can be considered independent in the meaning of paragraph 1. Those measures, designed to amend non- essential elements of this Directive by supplementing it,delegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria concerning the procedures for the proper net asset valuation of the assets and shares or units of AIF. Such acts shall also specify the appropriate frequency of valuation to be carried out by open-ended funds given the underlying assets held by the fund and its issuance and redemption policy. The Commission shall bealso adopted delegated acts in accordance with the regulatory procedure with scrutiny referred to in Article 49(3)Articles 49a, 49b and 49c further specifying the criteria where there is a need for external verification.
Amendment 797 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 849 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Where a closed-ended AIF is authorised as the AIFM, and the AIF is a company established in a Member State, the AIFM need not appoint a depositary to carry out the tasks referred to in paragraph 1 points (ca),(cb), (cd) and (ce);
Amendment 895 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 b (new)
Article 17 – paragraph 3 b (new)
3b. Any appointment of a depositary shall be subject to approval from the competent authority of the home Member State of the AIFM. The competent authority may permit the appointment of more than one depositary where it is satisfied that this will not interfere with the proper performance of all the obligations of the depositary set out in this Directive.
Amendment 927 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
Amendment 939 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2
Article 17 – paragraph 5 – subparagraph 2
Amendment 959 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3
Article 17 – paragraph 5 – subparagraph 3
Amendment 1464 #
2009/0064(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States may allow theWithout prejudice to other instruments of EU law, Member States may allow AIFM to market to retail investors generally or to particular categories of retail investors on their territory shares or units of AIF they manage, irrespective of whether such AIF are marketed on a domestic or cross-border basis. In such cases, Member States may adopt additional requirements in relation to the operation, organisation or marketing of AIF sold to retail investors in their territory. Member States may for that purpose(or to a combination of retail and professional investors) on their territory or the activities of the AIFM managing such AIF. However, Member States may not prevent the cross-border marketing of AIF to retail investors by imposeing stricter or additional requirements on AIFM or the AIF established in another Member State than on AIF established in their own territory.
Amendment 1471 #
2009/0064(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Notwithstanding Article 32(1), Member States tshatll permit the marketing of AIF to retail investors on their territory, shall, within one year of the date referred to in Article 54(1) inform the Commission of: (a) the types of AIF which AIFM may market to retail investors on their territory; (b) any additional requirements that the Member State imposes for the marketing of AIF to retail investors on their territory. Member States shall also inform the Commission of any subsequent changes with regard to the first subparagraphshares and units that are subject to a current offer to the public under a prospectus that has been drawn up and published in accordance with Directive 2003/71/EC.
Amendment 42 #
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 public authorities often pay invoices very late after expiration, regardless of twhe applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streamsther the debtor is from the public or thane private undertakings. At the same time, they depend less than private undertakings on the building stable commercial relationships for the achievement of sector. Therefore penalties and otheir aims. Consequently, 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 authoritiemeasures intended to dissuade late payment should as a general rule apply equally to both sectors.
Amendment 72 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payment” means statutory interest or interest negotiated and agreed upon between undertakingthe parties;
Amendment 77 #
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 88 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 1 - introductory part
Article 3 – paragraph 1 - introductory part
1. Member States shall ensure that in commercial transactions between undertakings and between undertakings and public authorities, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied:
Amendment 152 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 172 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4b. Member States shall ensure that where services of general interest are also provided by the private sector, the provisions of this Article shall apply to both.
Amendment 9 #
2008/2177(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to set up a working party with a binding mandate to carry out within one year a systematic study of the stakeholders' positions and arguments for and against a pan- European cormorant management plancost- benefit analysis of possible cormorant management actions at Member State level, to assess their plausibility on the basis of logical and scientific criteria and to submit a recommendation;
Amendment 11 #
2008/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit a cormorant population management plan in several stages, seeking to integrate cormorant populations in the long term into the cultural landscape withoudevelop and publish, building on the results of the INTERCAFE project, a guidance document on ways to address the cormorant issue that do not jeopardisinge the objectives of the Wild Birds Directive and Natura 2000 as regards fish species and marine and freshwater ecosystems, including how Article 9(1) of the Wild Birds Directive can be applied by Member States;
Amendment 14 #
2008/2177(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 18 #
2008/2177(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to consider all the legal means at its disposal to reduce the negative effects of ecormorant populations on fishing and aquaculture and to take into account, when developing its initiative for the promotion of aquaculture in Europe, the positive effects of a Europe-wide cormorant population management plan and, where appropriate, to propose solutions to the cormorant problemnomic and ecological factors affecting fishing and aquaculture when developing its initiative for the promotion of aquaculture in Europe and to propose solutions in this context;
Amendment 15 #
2008/2063(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Firmly believes that the changes in the budgetary procedure, notably the convening of the conciliation committee in the event of Parliament adopting amendments at first reading, will necessitate strengthened relco-operations between the Committee on Regional Development and the Committee on Budgets;
Amendment 380 #
2008/0196(COD)
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract should be presumed to be unfair. Contingent charges, such as penalties for breaching the contract terms, should be presumed to be unfair where they are clearly disproportionate to the costs incurred by the trader.
Amendment 408 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous paragraph.
Amendment 417 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession and anyone acting in the name of or on behalf of a trader, irrespective of whether or not this person intends to make profit in the course of this activity;
Amendment 430 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "goods" means any tangible movable item, with the exception of:or intangible item, including water, gas and electricity with the exception of goods sold by way of execution or otherwise by authority of law.
Amendment 435 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 438 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 443 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 488 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 540 #
Amendment 542 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 545 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 548 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Unless indicated differently in the respective provisions in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 549 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)
Article 4 – paragraph 1 – subparagraph 1 b (new)
Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way.
Amendment 550 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1c (new)
Article 4 – paragraph 1 – subparagraph 1c (new)
The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 555 #
2008/0196(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a New Harmonisation With regard to articles 5-7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in articles 9, 10, 11, Article 13 paragraph 2, Article 19 and 20.
Amendment 562 #
Amendment 578 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address of the place of business and the identity of the trader, such as his trading name and, where applicable, the geographical address and the identity of the trader on whose behalf he is acting;
Amendment 593 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; In case of an open-ended contract, the final price shall mean the total monthly costs.
Amendment 594 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly.
Amendment 616 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence, or the asence thereof, of a right of withdrawal, where applicableand the conditions and procedures for exercising that right including the eventual costs of return of the goods, in accordance with Annex 1;
Amendment 709 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate;
Amendment 711 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 818 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 832 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 850 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 859 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 875 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1)5.1(e), and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations.one year after the time specified in article 12.2
Amendment 904 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withiincluding the costs of delivery received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 914 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 931 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct costs of returning of the goods unless the trader has agreed to bear(s) shall be borne by the trader unless stipulated otherwise in thate cosntract.
Amendment 938 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: a) any dinimution in thed value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodanything received under the contract caused by inspection and testing; b) any destruction, or loss of, or damage to, anything received under the contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage.
Amendment 949 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 950 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2b (new)
Article 17 – paragraph 2b (new)
2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 988 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) the supply of winealcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
Amendment 1048 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1055 #
2008/0196(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a With regard to articles 21-29a, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1132 #
2008/0196(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Payment means 1. Traders shall offer consumers at least one means of payment free of charge. 2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.
Amendment 1150 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used or; and
Amendment 1155 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1194 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer iss are entitled to choose between the following remedies:
Amendment 1204 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacementrepair,
Amendment 1215 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the price reducedtion,
Amendment 1217 #
Amendment 1223 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) haverescission of the contract rescindedwithin a period of 30 days from the date of receipt of the goods.
Amendment 1250 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1269 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TNotwithstanding paragraph 1(d) the consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:
Amendment 1290 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another defect has reappeared more than once within a short period of time after the good was first repaired or replaced.
Amendment 1343 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years asair or replacement, the period specified under paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced or repaired goods.
Amendment 1350 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1356 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1368 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthtwo years of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 1413 #
2008/0196(COD)
Proposal for a directive
Article 29 c (new)
Article 29 c (new)
With regard to articles 30-39, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1568 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point c a (new)
Annex 3 – paragraph 1 – point c a (new)
(ca) Applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;
Amendment 1569 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point c b (new)
Annex 3 – paragraph 1 – point c b (new)
(cb) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;
Amendment 119 #
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, or the identifying mark allowing identification of the name and address of the manufacturer easily and without any ambiguity, 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.
Amendment 290 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Each independent system operator shall be responsible for granting and managing third party access, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003, as well as for operating, maintaining and developing the transmission system, and for ensuring the long term ability of the system to meet reasonable demand through investment psystem operation including real time configuration of the network, balanncing. When developing the network the independent system operator is responsible for planning (including authorisation procedure), construction and commissioning of the new infrastructure. For this purpose, it shall act as a transmission system operator in accordance with this Chapter. Transmission system owners may not be responsible for granting and managing third party access, nor for and operational security. Each independent system operator shall, in cooperation with affected transmission system owners, develop arrangements for ensuring the long-term ability of the system to meet reasonable demand through investment planning.
Amendment 293 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 6 – point (b)
Article 10 – paragraph 6 – point (b)
(b) financecarry out the investments decided byin cooperation with the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory authority. Prior to this approval, the Regulatory Authority shall consult the asset owner together with other interested parties;
Amendment 295 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 6 – point (d a) (new)
Article 10 – paragraph 6 – point (d a) (new)
"(da) enter into an agreement, approved by the regulatory authority, with the independent system operator to ensure their effective cooperation in maintaining and developing the transmission system."
Amendment 331 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10 - point (c)
Article 1 – point 10 - point (c)
Directive 2003/54/EC
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the distribution system operator is part of a vertically integrated undertaking, Member States shall ensure that the activities of the distribution system operator is monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.