1218 Amendments of Wim van de CAMP

3a. Regulatory bodies may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services from the application of this Article. When considering an application for exclusion, regulatory bodies shall take into account the availability of viable alternatives.

2018/10/04
Committee: TRAN

2017/0288(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1073/2009
Article 8 – paragraph 4 a (new)

4a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision.

2018/10/04
Committee: TRAN

2017/0288(COD)

2a. In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract as defined in point (ca) of Article 8c(2), due to exceptional circumstances which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service after having given six months’ notice to the carrier. The service provider shall have the possibility to appeal the decision.

2018/10/04
Committee: TRAN

2017/0288(COD)

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1072/2009
Article 2 – paragraph 7 a (new)

(aa) ‘international bilateral carriage’ means laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States where either the point of departure or point of arrival is the haulier’s Member State of establishment, with or without transit through one or more Member States or third countries;

2018/02/23
Committee: TRAN

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a b (new)

Regulation (EC) No 1072/2009
Article 2 – paragraph 7 b (new)

(ab) ‘international cross-carriage’ means laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States where none of these Member States is the haulier’s Member State of establishment, with or without transit through one or more Member States or third countries;

2018/02/23
Committee: TRAN

2017/0123(COD)

Wim van de CAMP, Ivo BELET

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a c (new)

(ac) ‘transit‘ means laden journey by a vehicle through one or more Member States or third countries where the point of departure and the point of arrival is not in those Member States or third countries.

2018/02/23
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Recital 11

(11) To enhance cost-effectiveness of enforcement of the social rules ~~the potential of~~, the current and ~~future~~smart tachograph systems should be ~~fully exploited~~mandatory in international transport. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning~~, in particular during international transport operations~~.

2018/02/27
Committee: TRAN

Matthijs van MILTENBURG, Wim van de CAMP

2016/0282(COD)

Proposal for a regulation
Article 272 – paragraph 1 – point 1

Article 272 – paragraph 1 – point 1 Regulation (EU) No 1316/2013

6. Blending operations supported by means of a CEF Blending Facility shall be selected on the basis of maturity, taking into account a minimum set of criteria, which are to be set by the Commission, and shall seek sectoral diversification in accordance with Articles 3 and 4 as well as geographical balance across the Member States. They shall:

2017/04/18
Committee: BUDG CONT

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) “parcel delivery services” means services involving the clearance, sorting, transport orand distribution of postal items other than items of correspondence; transport alone shall not be considered a parcel delivery service; delivery of such items exceeding 31,5 kg shall not be considered a parcel delivery service;

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) “terminal rates” means ~~payments from the originating~~the remuneration of universal service provider tos for the deist~~ina~~ribution ~~universal service provider for the costs of~~of incoming cross- border p~~arcel delivery services in the destination Member State~~ostal items from another Member Stat or from a third country.

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 5

5. The national regulatory authorities may impose, in line with article 22 of Directive 97/67/EC, information requirements additional to those referred to in paragraphs 1 and 2 where they are necessary to ensure conformity with this Regulation.

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 3 – paragraph 6 a (new)

6a. Where information is considered confidential by a national regulatory authority, in accordance with Community and national business confidentiality rules, the Commission and the national regulatory authorities concerned shall preserve such confidentiality.

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 1

1. Universal service providers providing parcel delivery services shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.deleted

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 4 – paragraph 4

4. The national regulatory authorities shall submit the terminal rates obtained in accordance with paragraph 3 to the Commission and the national regulatory authorities of the originating Member States by 28 of February of each calendar year at the latest.deleted

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. The national regulatory authority ~~shall~~may, if deemed necessary, assess the affordability of cross- border tariffs applied by universal service providers included in the public lists of tariffs obtained in accordance with Article 4(1) within 3 months of receipt of that information~~. In that assessment, in particular the following elements shall be taken into account:~~ in accordance with article 12 of Directive 97/67EC.

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a

~~(a) the domestic tariffs of the comparable parcel delivery services in the originating Member State and in the destination Member State;~~deleted

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b

~~(b) the terminal rates obtained in accordance with Article 4(3);~~deleted

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c

~~(c) any application of a uniform tariff to two or more Member States.~~deleted

2017/05/16
Committee: TRAN

2016/0149(COD)

Proposal for a regulation
Article 5 – paragraph 2

2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, it ~~shall~~may request further necessary information and/or justification in relation to the level of those tariffs from the universal service provider.

2017/05/16
Committee: TRAN

2016/0149(COD)

Markus FERBER, Wim van de CAMP, Georges BACH, Markus PIEPER

Proposal for a regulation
Article 6

Transparent and non-discriminatory 1.Whenever universal service providers providing parcel delivery services conclude multilateral agreements on terminal rates they shall meet all reasonable requests for access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services. 2.The point at which access should be provided shall be the inward office of exchange in the destination Member State 3.Universal service providers referred to in paragraph 1 shall publish a reference offer. The reference offer shall contain all the relevant associated terms and conditions, including prices. 4.The reference offer shall include all components necessary for access as referred to in paragraph 1, including any conditions limiting access to and/or use of services where such conditions are allowed by Member States in conformity with Union law. 5.Before the reference offer is published, it shall be approved by the national regulatory authority. The national regulatory authority may, where necessary, impose changes to the reference offer to give effect to obligations set out in this Regulation. 6.Universal service providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requesting access within the meaning of that paragraph at the latest one month after the receipt of the request. Universal service providers receiving an access request and providers requesting access shall negotiate in good faith. 7.When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requesting access may submit the individual offer made by the universal service provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article. 8.The access shall be operationally ensured within a reasonable period of time, not exceeding three months from the conclusion of the contract.Article 6 deleted cross-border access

2017/05/16
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Recital 16

(16) To further facilitate mobility for boatmasters, all Member States should be allowed~~, where practicable, to assess the necessary competence for addressing specific risks for navigation for all inland waterway stretches in the Union where such risks are identified~~ to assess the competences necessary for navigating on a stretch with specific risks.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Recital 24

(24) In order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between Member States and the implementation, monitoring and evaluation of this Directive by the Commission, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as regards the setting of standards of competence, standards for medical fitness, standards for practical examinations, standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the Commission to host a copy of key data related to Union certificates of qualifications, service record books, logbooks and recognised documents. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. For reason of efficiency, the Commission should have the possibility to designate a body, such as CESNI, for the purpose of receiving notifications and publishing information related for example, to the list of competent authorities and approved training programmes considering the recurrent character of these tasks.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 – introductory part

2. This Directive does not apply to persons ~~involved in the operation of~~:

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a

(a) ~~recreational craft~~navigating for sport or pleasure;

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b

(b) involved in the operation of ferries not moving independently.;

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b a (new)

(ba) involved in the operation of craft used by armed forces, forces maintaining public order, civil defence services, waterway administrations, fire services and other emergency services.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘large convoy’ means a pushed convoy ~~composed of the pusher and seven~~for which the product of the total length and the total with is 6000 square metres or more ~~barges~~;

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c

(c) the presence of a specific local traffic regulation not ~~part of~~based upon the European Code for Navigation on Inland Waterways justified by specific hydro- morphological features.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 13 – paragraph 1

When there are indications that the requirements for certificates of qualifications or specific authorisations are no longer met, the Member States shall undertake all necessary assessments and, where appropriate, withdraw those certificates. The validity of a Union certificate of qualification may be temporarily suspended by any Member State where that Member State considers such suspension necessary for reasons of safety or public order. Member States shall record without undue delay suspensions and withdrawals in the database referred to in Article 23(2).

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 17 – paragraph 2 – point c

(c) an examination verifying compliance with the standards of competence referred to in Article 15(1) is carried out by qualified examiners not subject to a conflict of interest.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2

Taking into account competence required for the specific risk, those means may consist of a limited number of journeys to be carried out on the stretch concerned, a simulator examination, a multiple choice examination or a combination thereof.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 18 – paragraph 3

3. Any Member State may carry out assessments of applicants’ competence for specific risks for stretches located in another Member State based on the requirements established in accordance with paragraph 1. Upon request and in case of examination by means of multiple choice exams or simulators, Member States referred to in paragraph 1 shall provide other Member States carrying out the assessment with the available tools ~~allowing them~~to enable it to carry out that assessment.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 32 – paragraph 1 – introductory part

1. Within ~~one~~two years of the entry into force of this Directive, the Commission shall gradually adopt delegated acts setting up:

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 34 – paragraph 1 – point a

(a) that the legislation on the basis of which their certificate was issued requires a minimum of 720 days of navigation time as a condition for obtaining a boatmaster certificate valid on all Union waterways; ordeleted

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 34 – paragraph 1 – point b

(b) where the legislation, on the basis of which their certificate was issued, requires less than 720 days of navigation time as a condition for obtaining a boatmaster certificate valid on all Union waterways, that the boatmaster provides proof, by means of a service record book, of navigation time equivalent to the difference between those 720 days and the experience required under the legislation on the basis of which the certificate was issued.deleted

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 34 – paragraph 3 – subparagraph 1 a (new)

These minimum durations of the navigation time may be reduced by a maximum of 360 days where the applicant has a diploma recognised by the competent authority which confirms specialised training in inland navigation comprising practical navigation work; the reduction may not be greater than the duration of the specialised training.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [34 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 2 – point 2.1 – point a – indent 3 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 2 – point 2.1 – point b – indent 3 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 2 – point 2.1 – point c – indent 4 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 2 – point 2.2 – point a – indent 1 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 3 – point 3.1 – point a – indent 3 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 3 – point 3.1 – point b – indent 3 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 3 – point 3.1 – point c – indent 4

- have navigation time of not less than 180 days as part of this approved training programme ~~and not less than 180 days after completion thereof~~.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex I – point 3 – point 3.1 – point c – indent 4 a (new)

- hold a certificate for radio operation.

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex II – point 2 – point 2.1 – indent 1

- plan a journey and conduct navigation on inland waterways, which includes to be able to choose the most logical, economical and ecological sailing route to reach the loading and unloading destinations, ~~taking into account the most efficient sailing time schedule according to actual circumstance~~CEVNI and applicable traffic regulations;

2016/10/17
Committee: TRAN

2016/0050(COD)

Proposal for a directive
Annex II – point 2 – point 2.1 – indent 4

~~- use Very High Frequency equipment when navigating on inland waterways.~~deleted

2016/10/17
Committee: TRAN

2016/0050(COD)

Wim van de CAMP, Deirdre CLUNE, Dieter-Lebrecht KOCH, Ivo BELET

Proposal for a directive
Annex II – point 2 – point 2.7 a (new)

2.7 a. Supervision The boatmaster shall be able to instruct and control all tasks exercised by other deck crew members as referred to in Chapter 1 of this Annex, implying abilities to perform these tasks.

2016/10/17
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1

Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities. Member States shall ensure that approval authorities and surveillance authorities function independently from each other.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 6 – paragraph 4

4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. They may decide to carry out joint market surveillance activities for the purposes of Article 8.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 6 – paragraph 6

6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 6 – paragraph 7

7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties shall have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the ~~public~~general public, in particular the number of those vehicles, systems, components or separate technical units that are not in compliance with this Regulation together with the identity of the corresponding manufacturers.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 8 – paragraph 1

1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples that are representative of the number of vehicles in that member state. When doing so, market surveillance authorities shall take account of established principles of risk assessment, ~~complaint~~including complaints, popularity of vehicles models and their parts, third-party testing results, new technologies on the market, reports from periodic technical inspections and other information.

2016/09/20
Committee: TRAN

2016/0014(COD)

Wim van de CAMP, Ivo BELET, Deirdre CLUNE

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 a (new)

The market surveillance authority of one Member State can take action pursuant to Article 20 of Regulation (EC) No 765/2008.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 8 – paragraph 7

7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States ~~and~~, the Commission and the Forum. The Member State concerned shall make a summary of the results accessible to the public.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)

The tests and inspections organised and carried out by, or mandated by the Commission shall focus on in-service conformity of vehicles, systems, components and separated technical units. The Commission shall base its tests and inspections on principles of risk assessment and use information from independent third party research.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

This Forum shall be composed of members appointed by the Member States and representatives of the Commission. Representatives of the European Parliament, representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups shall be included as observers.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. The Commission, within its role as chair, shall establish a public online database for exchange of information on EU type-approvals between type-approval authorities, market surveillance authorities, Commission and third parties. The Commission shall oversee the portal, in particular the maintenance of the type- approvals database, including regular updates, coordination of input information with relevant authorities, data security and confidentiality, taking into account the protection of business secrets. The information in the data base shall be based on the information provided by national type approval authorities pursuant article 25 of this regulation. The Commission shall include a tool to upload independent third party test results, faulty reports and complaints about the performance of vehicles, systems, components and other technical units. Such submitted information and data shall be clearly separated from the information provided by national authorities. The information shall be used by the Forum within its responsibilities.

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO

Proposal for a regulation
Article 10 – paragraph 2 b (new)

2b. The Forum shall have the authority to carry out joint audits of the national type-approval authorities to verify they implement consistently the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The audits shall include a verification of the national type approval procedures put in place, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, it shall immediately inform the Member States, the Commission and the European Parliament. Member States can choose not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Recital 10

(10) The need for certification, control and monitoring of technical services ~~by the designating authorities~~ has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type- approval procedure, considerable differences between technical services exist. The certification, control and monitoring must therefore be harmonised and increased to ensure a level playing field within the European single market. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.

2016/10/18
Committee: IMCO

2016/0014(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; this shall include any technical specifications at type approval and access to software and algorithms as requested;

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 20 – paragraph 4

4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type approval separately are still in conformity with said type approvals when incorporated into a whole vehicle.

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1

The approval authority and technical services shall have access to the software and algorithms of the vehicle. For the obligations specified in article 8 and the compliance verification specified in article 9, the market surveillance authorities and the Commission shall have access to software and algorithms of the vehicle.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Recital 17

(17) The independence of technical services vis-à-vis manufacturers should be ensured~~, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out~~. Therefore ~~the~~ Member States should establish a type- approval fee structure that should cover the costs for carrying out all type- approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type- approval and the costs for carrying out ex-post compliance verification tests and inspecnsure information about which technical service tested a vehicle, system, component or separate technical unit is provided in the data-base which is set up by this regulations.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO

Proposal for a regulation
Recital 17 a (new)

(17a) In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.

2016/10/18
Committee: IMCO

2016/0014(COD)

Proposal for a regulation
Article 25 – paragraph 1

1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments described in Annexes I and III, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 25 – paragraph 3

3. Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, described in Annexes I and III. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 25 – paragraph 4

4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall include all test results including at least data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage Its reasoned decision shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 25 – paragraph 4 a (new)

4a. The approval authority shall without undue delay update the public online database referred to in Article 10 (2a) when a new type-approval is issued or withdrawn, and every time non- conformity with this Regulation is found or any remedy action taken. The approval authority shall include the data specified in paragraph 1 or 3.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Recital 22

(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities ~~and~~, the Commission~~, type approval document~~ and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed should not undermine the confidentiality of proprietary information and intellectual property.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 30 – paragraph 1

1. Member States shall e~~stablish a national fee structure to cover the cost~~nsure that there is no conflict of interest or overlap of functions for ~~their~~commercial links between national type-approval~~s and~~ or market surveillance a~~ctivities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated~~uthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions.

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO, Werner KUHN, Dieter-Lebrecht KOCH

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1

Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.

2016/10/18
Committee: IMCO

2016/0014(COD)

Proposal for a regulation
Article 6 – paragraph 4

4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. They may decide to carry out joint market surveillance activities for the purposes of Article 8.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK, Carlos COELHO

Proposal for a regulation
Article 6 – paragraph 6

6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 6 – paragraph 7

7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties shall have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the ~~public~~general public, in particular the number of those vehicles, systems, components or separate technical units that are not in compliance with this Regulation together with the identity of the corresponding manufacturers.

2016/10/18
Committee: IMCO

2016/0014(COD)

Wim van de CAMP, Deirdre CLUNE, Dieter-Lebrecht KOCH, Ivo BELET

Proposal for a regulation
Article 65 – paragraph 10 a (new)

10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 7 – paragraph 1

1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. In case of doubt, the type- approval authority shall request an expert opinion from an accredited technical service on the compliance of this Regulation.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Type approval authorities shall cooperate with the Commission and the Forum established under article 10 of this Regulation in monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Ivan ŠTEFANEC, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 8 – paragraph 1

1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk ~~assessment, complaint~~-based surveillance as benchmark principles, including complaints, popularity of vehicles models and their parts, third-party testing results, new technologies on the market, reports from periodic technical inspections and other information.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Member States may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2a. The market surveillance authority of one Member State shall take action pursuant to Article 20 of Regulation (EC) No 765/2008 if deemed necessary.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 8 – paragraph 7

7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States ~~and the Commission~~, the Commission and the Forum. Third parties shall review the results upon request. The Member State concerned shall make a summary of the results accessible to the public.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Werner KUHN, Dieter-Lebrecht KOCH

Proposal for a regulation
Article 8 – paragraph 10

10. The Commission ~~may~~shall adopt ~~implementing~~delegate acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 878(2).

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals. The tests and inspections organised and carried out by, or mandated by the Commission shall focus on in-service conformity of vehicles, systems, components and separated technical units. The Commission shall base its tests and inspections on principles of risk assessment and use information from independent third party research.

2016/10/18
Committee: IMCO

2016/0014(COD)

Lambert van NISTELROOIJ, Wim van de CAMP, Annie SCHREIJER-PIERIK, Ivo BELET

Proposal for a regulation
Article 9 – paragraph 4

4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The ~~Commission shall adopt implementing acts in order to define th~~data made public shall at least include: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre daeta ~~to be made public and the conditions for such publicat~~ils (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance The Commission, s~~ubject to~~hall guarantee the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. ~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).~~

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Ivan ŠTEFANEC, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 9 – paragraph 4

4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. This data shall in particular compromise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the test-approval testing, while ensuring the legitimate protection of business information. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

2016/10/18
Committee: IMCO

2016/0014(COD)

Proposal for a regulation
Article 86 – paragraph 1

1. The Member States shall levy fees on technical services applying to be designated established in their territory to cover ~~wholly or partly,~~ the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 88 – paragraph 2

2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10) and Article 65 (11), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 89 – paragraph 2 – point b

(b) falsifying test results for type- approval meaning that the results can't be reproduced empirically in a new testing environment where the conditions and values can be verified by the relevant authority;

2016/09/20
Committee: TRAN

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2

The administrative fines imposed by the Commission ~~shall not~~can be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement ~~and~~but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.

2016/09/20
Committee: TRAN

2016/0014(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. The Forum shall have the authority to carry out joint audits of the national type-approval authorities to verify they implement consistently the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The audits shall include a verification of the national type- approval procedures put in place, a random sample check of the type- approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, it shall immediately inform the Member States, the Commission and the European Parliament. Member States can choose not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 10 – paragraph 2 b (new)

2b. The Commission, within its role as chair, shall establish a public online database for exchange of information on EU type-approvals between type-approval authorities, market surveillance authorities, Commission and third parties. The Commission shall oversee the portal, in particular the maintenance of the type- approvals database, including regular updates, coordination of input information with relevant authorities, data security and confidentiality, taking into account the protection of business secrets. The information in the data base shall be based on the information provided by national type approval authorities pursuant article 25 of this Regulation. The Commission shall include a tool to upload independent third party test results, faulty reports and complaints about the performance of vehicles, systems, components and other technical units. Such submitted information and data shall be clearly separated from the information provided by national type- approval authorities. The information shall be used by the Forum within its responsibilities.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 10 – paragraph 2 c (new)

2c. Where the Forum deems it beneficial, it shall establish a multi- annual planning of market surveillance activities.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Ivan ŠTEFANEC, Dieter-Lebrecht KOCH, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 10 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum. The composition of the Forum shall include at least representatives of the European Parliament, representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups as observers.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO

Proposal for a regulation
Article 11 – paragraph 4 a (new)

4a. Manufacturers shall ensure that the vehicles, systems, components and separate technical units perform equally under the conditions found during the test-approval and under conditions that may reasonably be expected to be encountered in normal operation and use.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; this shall include any technical specifications at type approval and access to software and algorithms as requested.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 20 – paragraph 4

4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type-approval separately are still in conformity with said type-approvals when incorporated into a whole vehicle.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1

The approval authority and technical services shall have access to the software and algorithms of the vehicle, together with documentation or other information allowing an appropriate level of understanding of the systems and functions of the software and algorithms. In case of whole-vehicle type-approval, the approval authority and technical services shall have access to any engine management strategies which may be deployed. The manufacturer shall disclose relevant information regarding such management strategies, including the parameters of any such strategies and the technical justification detailing why they are necessary.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 23 – paragraph 4 a (new)

4a. For the obligations specified in article 8 and the compliance verification specified in article 9, the market surveillance authorities and the Commission shall have access to software and algorithms of the vehicle, the documentation provided by the manufacturer and the system concept.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 25 – paragraph 1

1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments described in Annexes I and III, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 25 – paragraph 3

3. Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, described in Annexes I and III. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 25 – paragraph 4

4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall include all test results including at least data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage Its reasoned decision shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 25 – paragraph 4 a (new)

4a. The type-approval authority shall without undue delay update the public online data base referred to in Article 10 (2a) when a new type-approval is issued or withdrawn, and every time non- conformity with this Regulation is found or any remedial action taken. The type- approval authority shall include the data specified in paragraph 1 or 3.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Carlos COELHO

Proposal for a regulation
Article 29 – paragraph 4

4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall commission a party, independent from the manufacturer, to perform these checks.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 30 – paragraph 1

1. Member States shall e~~stablish a national fee structure to cover the costs for their~~nsure that there is no conflict of interest or overlap of functions between national type- approval~~s and~~ or market surveillance a~~ctivities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated~~uthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Pascal ARIMONT, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 30 – paragraph 2

2. Those national fees regarding type- approvals shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. ~~Fees shall not be levied directly by technical services.~~

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. The national fees regarding conformity of production shall be levied by the Member State on the manufacturer in the country where the production takes place. Member States shall be allowed to finance the activities regarding conformity of production through other instruments at their disposal.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 33 – paragraph 1

1. Type-approvals for vehicle~~s, systems, components and separate technical units~~ type of categories M1 and N1 shall be issued for a limited period of 5 years without the possibility of prolongation. Type- approvals for vehicles type of categories N2, N3, M2, M3 and O shall be issued for a limited period of 58 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle~~, system, component and separate technical unit~~ complies with all the requirements of the relevant regulatory acts for new vehicle~~s, systems, components and separate technical units of that~~ type.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 33 – paragraph 2 – point b

(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued ~~on a voluntary basis;~~; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1

Where production of a particular type of vehicle~~, system, component or separate technical unit~~ is permanently discontinued, the manufacturer shall notify without delay the approval authority that granted the EU type-approval for that type of vehicle, system, component or separate technical unit thereof.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 33 – paragraph 5

5. Where an EU type-approval certificate for a type of vehicle~~, system, component or separate technical unit~~ is due to become invalid, the manufacturer shall notify without delay the approval authority that granted the EU type-approval thereof.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Werner KUHN, Dieter-Lebrecht KOCH

Proposal for a regulation
Article 65 – paragraph 10 a (new)

10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 72 – paragraph 2

2. A Member State may designate an approval authority as a technical service for one or more of the categories of activities referred to in paragraph 1. Where an approval authority is designated as a technical service and is financed by a Member State, or is subject to managerial and financial control by that Member State, Articles 72 to 85 and Appendices 1 and 2 to Annex V shall apply.deleted

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 77 – paragraph 1 a (new)

1a. Where a technical service has already been assessed and designated by a type-approval authority, the joint assessment team shall analyse the previous assessment and designation, prior to organising a new assessment. Only in the case where reasonable doubts exists about the previous assessment or where circumstance have changed, the assessment team shall organise a new assessment.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 77 – paragraph 1 b (new)

1b. The joint assessment team may base its assessment on recognised third party assessments and designate the technical service base on those assessments.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 77 – paragraph 12

12. The approval authority that intends to be designated as a technical service in accordance with Article 72(2) shall document compliance with the requirements of this Regulation through an assessment conducted by independent auditors. Those auditors shall not belong to the same approval authority and shall comply with the requirements laid down in Appendix 2 of Annex V.deleted

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 86 – paragraph 1

1. The Member States shall levy fees on technical services applying to be designated established in their territory to cover ~~wholly or partly,~~ the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 88 – paragraph 2

2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Werner KUHN, Dieter-Lebrecht KOCH

Proposal for a regulation
Article 88 – paragraph 2

2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 65 (10a), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 88 – paragraph 3

3. The delegation of power referred to in Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ, Wim van de CAMP

Proposal for a regulation
Article 88 – paragraph 5

5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Ivan ŠTEFANEC, Annie SCHREIJER-PIERIK, Lambert van NISTELROOIJ

Proposal for a regulation
Article 89 – paragraph 2 – point b

(b) falsifying test results for type- approval meaning that the results can't be reproduced empirically in a new testing environment where the conditions and values can be verified by the relevant authority;

2016/10/18
Committee: IMCO

2016/0014(COD)

Ivo BELET, Wim van de CAMP, Deirdre CLUNE, Carlos COELHO, Lambert van NISTELROOIJ, Annie SCHREIJER-PIERIK

Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2

The administrative fines imposed by the Commission ~~shall not~~can be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement ~~and~~, but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.

2016/10/18
Committee: IMCO

2015/2353(INI)

Motion for a resolution
Paragraph 23

23. Stresses that, in order to secure the additional appropriations that have been needed to respond to crises or to finance new political priorities since 2014, the budgetary authority has approved a substantial mobilisation of the flexibility provisions and special instruments included in the MFF regulation, after exhausting all available margins; recalls that several of those provisions resulted directly from proposals of the European Parliament, which ranked the call for maximum possible flexibility as one of its key demands in the MFF negotiations; stresses that the MFF budget has to match with the political and strategic priorities of the EU policies;

2016/05/13
Committee: BUDG

2015/2353(INI)

Motion for a resolution
Paragraph 43

43. Believes that the mid-term review/revision provides for an excellent opportunity for the first-time assessment of the functioning of the EU policies and programmes concerned, and expects the Commission to supply an analysis identifying the shortcomings of the current implementation system; invites the Commission to come up with concrete proposals to address the possible deficiencies and to improve the implementation environment for the remaining years of the current MFF, in order to ensure the best possible use of scarce financial resources; but supports a future system in which the allocation and amount of the national envelopes should be based on the principles of performance based budgeting, also within the country specific recommendations and the control systems should be risk based: in which higher risks imply more controls and lower risks, less controls;

2016/05/13
Committee: BUDG

2015/2353(INI)

Motion for a resolution
Paragraph 43 a (new)

43a. Encourages the Commission to come up with a future system in which the allocation and amount of the national envelopes will be subject to performance based budgeting and country specific recommendations within the EU semester;

2016/05/13
Committee: BUDG

2015/2353(INI)

Motion for a resolution
Paragraph 44

44. Acknowledges the increased role of financial instruments in the Union budget as a complementary form of funding as compared to subsidies and grants; recognises the potential of these instruments in terms of increasing the financial, and therefore the political, impact of the Union budget; underlines, however, that a shift from traditional financing to more innovative instruments is not advisable in all policy areas, as not all policies are entirely market-driven; stimulates that where possible a new balance between grants and loans should be achieved, in order to stimulate the multiplier effect on investments; underlines that increasing use of financial instruments should not lead to a reduction in the Union budget; recalls Parliament’s repeated calls for greater transparency and democratic scrutiny regarding the implementation of financial instruments supported by the Union budget;

2016/05/13
Committee: BUDG

2015/2353(INI)

Motion for a resolution
Paragraph 46

46. Considers that the key priorities to be addressed must include adjustments to the duration of the MFF, a thorough reform of the own resources system, a greater emphasis on the unity of the budget, a thorough revision of programs like Horizon 2020 and others, and more budgetary flexibility; is furthermore convinced that the modalities of the decision-making process need to be reviewed in order to ensure democratic legitimacy and comply with the provisions of the Treaty;

2016/05/13
Committee: BUDG

2015/2255(INI)

Draft opinion
Paragraph 4

4. Calls on the Commission and the Member States to ~~suspend such business practices as precarious contract~~limited and avoid the use of atypical employment (such as (bogus self-employment, zero-hour contracts, pay- to-fly-schemes, etc.)~~, letter-box companies and flags of convenience in order to ensure the social protection of workers~~ for safety-critical air transport professionals, in the relevant directives and (EASA) regulation(s);

2016/02/24
Committee: TRAN

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER

Draft opinion
Paragraph 5

5. Calls for the introduction of appropriate control devices, using modern technology~~, for all~~ when appropriate, for applicable transport modes for professional use so as to monitor working and rest time effectively, with a view to ensuring proper implementation of existing legislation;

2016/02/24
Committee: TRAN

2015/2255(INI)

Motion for a resolution
Paragraph -1 (new)

-1. Calls for the stepping-up of checks in relation to compliance with work, standby, driving and rest times in all relevant sectors, such as construction, catering, health and transport, and for the imposition of penalties for serious non- compliance;

2016/02/25
Committee: EMPL

2015/2255(INI)

Markus PIEPER, Wim van de CAMP, Claudia SCHMIDT

Draft opinion
Paragraph 8

8. Calls ~~for~~on the ~~creation of a European R~~Commission to coordinate and to reinforce cooperation on road Ttransport ~~Agency to ensure proper~~legislation among national authorities, including through binding information exchange and on other efforts aimed at supporting the implementation of EU legislation and ~~promote standardisation across all Member States, including the social dimension, such as working conditions and labour issues in road transport~~ensuring a level playing field for operators; notes that the enforcement of legislation in this respect is primarily the responsibility of the Member States;

2016/02/24
Committee: TRAN

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Andor DELI, Markus PIEPER, Elżbieta Katarzyna ŁUKACIJEWSKA

Draft opinion
Paragraph 11

11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States;deleted

2016/02/24
Committee: TRAN

2015/2255(INI)

Motion for a resolution
Subheading 3

~~Mobile workers: C~~deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Andor DELI, Markus PIEPER, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 14

~~14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls for the introduction of aut~~deleted (the deletion is necessary since combatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (must) be equipped with a smart tachograph” 12; __________________ 12 www.europarl.europa.eu/sides/getDoc.do ?type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.ng social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 15

~~15. Calls for the creation of a European transport agency bringing together existing agencies; takes the view that at the very least a specific road transport agency is needed;~~deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 16

16. asks the Commission to clarify the provisions so that a distinction can be drawn between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they work;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 17

~~17. Believes that the rules on cabotage are not sufficiently precise, which facilitates~~Deleted (the deletion is necessary since combating social dumping in the ptra~~ctice of some road operators of engaging in permanent cabotage; wishes cabotage operations to be subject to mandatory prior notification;~~nsport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 18

18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of flight cabin crews, in particular their rest periods;deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 19

19. Calls on Member States to review their laws to eliminate precarious employment relationships called 'zero-hour-contracts' or 'pay-to-fly” contracts; believes that precarious working conditions are an additional safety risk;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 20

20. Calls on the Commission to shortly submit a proposal for a directive on requirements with regard to the crews of vessels providing regular cargo, passenger and ferry services operating between Member States so that the conditions applicable on board a vessel are those of the State applying the most favourable standards for workers;Deleted (the deletion is necessary since combating social dumping in the transport sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2255(INI)

Dieter-Lebrecht KOCH, Wim van de CAMP, Deirdre CLUNE, Markus PIEPER, Andor DELI, Elżbieta Katarzyna ŁUKACIJEWSKA

Motion for a resolution
Paragraph 21

~~21. Calls on the Commission, drawing on the US Jones Act, to take the necessary measures to ensure that vessels carrying goods between two Europe~~deleted (the deletion is necessary since combating social dumping in the tran sport~~s are built in Europe, fly a European flag and are owned by a European company; calls for the law that is applicable to be associated with the country in which the vessel owner is based;~~ sector will be dealt with in the context of the appropriate opinion of the Transport Committee.)

2016/02/25
Committee: EMPL

2015/2040(INI)

Draft opinion
Paragraph -1 a (new)

- 1a. Acknowledges that public hearings of Commissioners-designate present an important opportunity for Parliament and EU citizens to assess the priorities of each candidate and their suitability for the role;

2015/03/20
Committee: TRAN

2015/2040(INI)

Draft opinion
Paragraph 1

1. Notes that the formation of the Juncker Commission was delayed owing to the late nomination by some Member States of their candidate commissioner, while a~~n acceptable~~ degree of gender balance was only achieved at the last minute thanks to Parliament’s firm insistence that the new Commission must contain at least the same number of women as the outgoing Commission; considers that such a situation could be prevented in future by setting a deadline by which Member States have to nominate their candidates, and by encouraging Member States to propose at least two nominees – one male and one female – for consideration by the President-electn acceptable number of women;

2015/03/20
Committee: TRAN

2015/2040(INI)

Draft opinion
Paragraph 3

3. Expresses its ~~utmost~~ dissatisfaction regarding the procedure that could lead to the replacement of ~~Maroš Šefčovič in the transport portfolio~~a Commissioner- designate at very short notice and without prior consultation with the ~~Committee on Transport and Tourism, even though the President-elect had been promptly informed of th~~respective cCommittee~~’s firm wish to maintain Mr Šefčovič in this portfolio; deplores the fact that the TRAN Committee’s request was not fulfilled and~~; deplores consequently that the subsequent nominee~~, Violeta Bulc, di~~ could not enjoy equal and fair conditions in presenting herself to the committee, as she had very limited time at her disposal to prepare for the hearing, which was nevertheless successful; reiterates that transport is a key policy area which should not be the victim of last-minute changes to accommodate other political considerations/himself to the Committee;

2015/03/20
Committee: TRAN

2015/2040(INI)

Draft opinion
Paragraph 3 a (new)

3a. Stresses that the d'Hondt rule for allocating speaking time among the political groups should be thoroughly applied;

2015/03/20
Committee: TRAN

2015/2040(INI)

Draft opinion
Paragraph 4

4. Points out that the generally applicable rule of 45 questions of three minutes, as decided by the Conference of Presidents, did not give committees sufficient flexibility to vary their practices where necessary, for example by introducing a catch-the-eye procedure or allocating more time to the speakers in the first round, while three minutes was completely insufficient for a follow-up question; considers that in future arrangements should be made to provide committees with more flexibility, while also ensuring the inquisitorial nature of the hearings ~~through the effective application of the ‘ping-pong’ principle~~;

2015/03/20
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Recital E

E. whereas it is essential to ensure the successful development of the Trans- European Transport Network (TEN-T), effectively link the transport networks of all EU regions and eliminate disparities between the levels of infrastructure development and maintenance;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to urge the Member States to complete certain files, such as the 4th Railway Package or the Ports Regulation and to implement and to enforce the EU legislation sufficiently;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 5

5. Calls on the Commission to submit a proposal to provide for the internalisation of the external costs of all modes of freight and passenger transport, applying common principles and taking into account the specificity of each mode; calls for concrete measures to ensure a wider application of the ‘user pays’ and ‘polluter pays’ principles, and a level playing field between transport modes; calls on the Commission to generalise road toll systems;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 7

7. Stresses that the European Fund for Strategic Investments (EFSI) proposed by the Commission as part of the Juncker Investment Plan for Europe should give priority to transport infrastructure projects that deliver high societal and economic value, and target projects that promote job creation, long-term growth and competitiveness; in this respect new ways of funding such as public-private partnerships and concessions deserve more attention and application;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 8

8. Stresses that the deployment of intelligent transport systems is necessary to allow a more efficient use of the existing infrastructure and provide additional capacity without the time, cost and land- take required for the construction of new infrastructure; recognises the important role that interference-free radio communication plays for achievement of this goal;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 9

9. Emphasises the importance of promoting electro-mobility and electric public transport systems, coupled with the introduction of renewable energy sources in the electricity sector, giving priority to the further electrification of the rail network, and tramways~~, electric cars and e-bike~~ in the first place, as well as electric cars, e-bikes and electric two/three/four wheelers; stresses the potential of modern aerial tramways (cable cars), as an inexpensive and easy-to-build means of transportation, to expand the capacity of urban public transport systems;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 12

12. Stresses that the behaviour of transport users is key to the development of a more sustainable transport system; calls for initiatives that motivate users, especially young people, to choose more sustainable means of transport (walking, cycling, public transport, car sharing), making available information for the intermodal use of different transport modes through Intelligent Transport Systems;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 14 – indent 3

– a review of the rules on training and qualifications of professional drivers, as well as the promotion and development of post-license training schemes for all vehicle users,

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 14 – indent 4

– greater application in new passenger cars and commercial vehicles of innovative technologies such as Automated Emergency Braking and Intelligent Speed Assistance (ISA) systems; and cooperative Intelligent Transport Systems;

2015/04/22
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 24 a (new)

24a. Calls for a more integrated approach between Member States on the possibility to apply a reciprocity principle in our commercial relations with third countries and to examine in the EU funding policy for transport if additional funding from third countries is appropriate;

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 25 – indent 3

– an Aviation Dialogue with the Gulf States and Turkey with a view to enhancing financial transparency and safeguarding fair competition; inclusion of ‘fair competition clauses’ in air transport agreements, detailed provisions on subsidies, unfair practices and competition, and efficient means of action in the event of non- compliance with those provisions,

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 1

– real and effective national policy frameworks aimed at the development of the market as regards alternative fuels (natural gas, hydrogen, sustainable biofuels, including molasses- based ethanol) and electric ~~car~~vehicles, and the deployment of the relevant refuelling/recharging infrastructure,

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 1 a (new)

- exchange of best practices between existing projects in the different Member States with regard to the market of alternative fuels and city distribution,

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 5 a (new)

- measures to increase fuel efficiency and reduce CO2 emissions from Heavy Duty Vehicles (HDVs), including further use of the European Modular System (EMS), training in eco-driving, improved transport logistics, improved and more intelligent infrastructure and alternative fuels,

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 26 – indent 5 a (new)

- investments for the cross-border use of the European Modular System (EMS- Ecocombis),

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 28 – indent 1 a (new)

- measures to support and coordinate the adaptation of port gateways and logistic systems to larger ships, promote better port connections, in particular with rail and inland waterways, ensure the transparency of public funding and facilitate investments and efficient port services,

2015/04/24
Committee: TRAN

2015/2005(INI)

Motion for a resolution
Paragraph 28 – indent 3

– setting a ~~binding target~~global target in the International Maritime Organisation (IMO) to reach the objective of the White Paper for an at least 40 % reduction in CO2 emissions from maritime bunker fuels by 2050, to be accompanied by concrete measures including ~~market-based mechanism~~international alignment of the EU MRV Regulation with the global measures,

2015/04/24
Committee: TRAN

2015/2005(INI)

Wim van de CAMP, Henna VIRKKUNEN, Luis de GRANDES PASCUAL, Keith TAYLOR

Motion for a resolution
Paragraph 31

31. Urges the Commission to monitor progress towards reaching the goals of the White Paper, and to report ~~annually~~every five years on its implementation;

2015/04/24
Committee: TRAN

2015/0310(COD)

Ivo BELET, Markus PIEPER, Georges BACH, Wim van de CAMP

Proposal for a regulation
Recital 8 a (new)

(8a) Having regard to the impact of the temporary reintroduction of internal border controls in the Schengen area on cross-border road transport, the tourist industry and commuters, resulting in significant economic costs for businesses and consumers in the Single Market area, it is necessary to safeguard the functioning of the Schengen area and to reinforce the management of the external borders by building on the work of Frontex and further developing it into an Agency with a shared responsibility for the management of the external borders.

2016/04/13
Committee: TRAN

2015/0310(COD)

Ivo BELET, Markus PIEPER, Georges BACH, Wim van de CAMP

Proposal for a regulation
Recital 8 b (new)

(8b) Having regard to the importance of the Schengen area as a complement to the Single Market area and to the estimated cost of the reintroduction of systematic border checks of EUR 3.4 billion a year1a for the EU road transport sector, of EUR 2.6 billion a year for passenger land transport, and of EUR 5 to EUR 18 billion a year1b for the EU economy as a whole, it is necessary to safeguard the functioning of the Schengen area and to reinforce the management of the external borders by building on the work of Frontex and further developing it into an Agency with a shared responsibility for the management of the external borders. __________________ 1aDraft Study of the Internal Market Committee of the European Parliament on the cost of non-Schengen from 22 February 2016. 1bCommunication COM(2016) 85 final on the State of Play of Implementation of the Priority Actions under the European Agenda on Migration from 10 February 2016.

2016/04/13
Committee: TRAN

2015/0310(COD)

Proposal for a regulation
Recital 27 a (new)

(27a) The European Border and Coast Guard and the European Border and Coast Guard Agency should fulfil their tasks in full compliance with the United Nations Convention on the Law of the Sea, the International Convention on Maritime Search and Rescue and the International Convention for the Safety of Life at Sea ("SOLAS"); regulation 33 of Chapter V of SOLAS provides that the master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so.

2016/04/13
Committee: TRAN

2015/0310(COD)

Wim van de CAMP, Henna VIRKKUNEN, Luis de GRANDES PASCUAL, Keith TAYLOR

Proposal for a regulation
Article 7 – paragraph 1 – point q

(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations. Together with the European Maritime Safety Agency, the Agency will be able to launch joint surveillance operations, by jointly operating Remotely Piloted Aircraft Systems (drones);

2016/04/13
Committee: TRAN

2015/0310(COD)

Wim van de CAMP, Henna VIRKKUNEN, Luis de GRANDES PASCUAL

Proposal for a regulation
Article 39 – paragraph 2

2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State. In this regard, special attention shall be paid to the powers of the pilot in command and the extension of criminal law by the country of registration of the aircraft under international aviation law (in particular the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963; "Tokyo Convention").

2016/04/13
Committee: TRAN

2015/0310(COD)

Wim van de CAMP, Henna VIRKKUNEN, Luis de GRANDES PASCUAL, Keith TAYLOR

Proposal for a regulation
Article 52 – paragraph 3

3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. This practical handbook shall include a report on the work of coast guard authorities of non-EU countries, highlighting best practices in the exchange of information between agencies.

2016/04/13
Committee: TRAN

2015/0310(COD)

Lucy ANDERSON, Claude MORAES, Miltiadis KYRKOS, Merja KYLLÖNEN, Christine REVAULT D'ALLONNES BONNEFOY, Elissavet VOZEMBERG-VRIONIDI, Wim van de CAMP

Proposal for a regulation
Recital 5

(5) European integrated border management is a shared responsibility of the European Border and Coast Guard Agency and the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks. While Member States retain the primary responsibility for the management of their section of the external borders in their interest and in the interest of all Member States which have abolished internal border control, the European Border and Coast Guard Agency should ensure the application of Union measures relating to the management of the external borders by reinforcing, assessing and coordinating the actions of Member States which implement those measures.

2016/04/21
Committee: LIBE

2015/0310(COD)

Lucy ANDERSON, Claude MORAES, Miltiadis KYRKOS, Merja KYLLÖNEN, Christine REVAULT D'ALLONNES BONNEFOY, Elissavet VOZEMBERG-VRIONIDI, Wim van de CAMP

Proposal for a regulation
Article 5 – paragraph 1

1. The European Border and Coast Guard shall implement the European integrated border management as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, including coast guards to the extent that they carry out maritime border surveillance operations and any other border control tasks.

2016/04/21
Committee: LIBE

2015/0310(COD)

Lucy ANDERSON, Claude MORAES, Merja KYLLÖNEN, Ismail ERTUG, Christine REVAULT D'ALLONNES BONNEFOY, Elissavet VOZEMBERG-VRIONIDI, Wim van de CAMP

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1

The Agency shall cooperate with the Commission, other Union institutions, the European External Action Service, Europol, the European Asylum Support Office, the European Union Agency for Fundamental Rights, Eurojust, the European Union Satellite Centre, the European Maritime Safety Agency and the European Fisheries Control Agency as well as other Union, agencies, bodies, offices in matters covered by this Regulation including in the transport policy field, and in particular with the objectives of preventing and combating irregular ~~immigration~~ and cross-border crime including the facilitation of irregular immigration, trafficking in human beings and terrorism.

2016/04/21
Committee: LIBE

2015/0278(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)

(iiia) payment terminals;

2017/02/13
Committee: TRAN

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 3

3. The following self-service terminals: payment terminals, Automatic Teller Machines, ticketing machines and check-in machines shall comply with the requirements set out in Section II of Annex I.

2017/02/13
Committee: TRAN

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 6

6. Air, bus, rail and waterborne passenger transport services, the websites, the mobile device-based services, smart ticketing and real-time information and Self-service terminals~~, ticketing machines~~ (including payment terminals), ticketing machines (including its payment terminals) and check-in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in Section V of Annex I.

2017/02/13
Committee: TRAN

2015/0278(COD)

Proposal for a directive
Article 3 – paragraph 7

7. Banking and payment services, the websites, the mobile device-based banking and payment services, self- service terminals, including payment terminals and Automatic Teller mMachines used for provision of banking and payment services shall comply with the requirements set out in Section VI of Annex I.

2017/02/13
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Recital 8 a (new)

(8a) It has to be ensured that the rules applying to a large number of existing heterogeneous commercial air transport activities, are further developed at a technical level. Future legislation should provide for a wide range of operations, each subject to rules that are risk- proportionate with the particular operation or type of operations.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Recital 13

(13) The essential requirements concerning environmental compatibility of the design of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are necessary to protect the environment and human health from harmful effects of aviation operations. Those requirements should be ~~based on~~set in alignment with the standards and recommended practices set by the Chicago Convention.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23

(23) ‘commercial air transport’ means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration ~~between two different aerodromes~~;

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)

1a. the conditions under which, taking into account the principles of Article 4, operations shall be subject to, or exempted from the requirements applicable to commercial air transport in this Regulation and the measures taken under this Regulation, notwithstanding the definition in Article 3(23).

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 31

1. pursuant to Article 34 so provide, safety- critical aerodrome equipment used or intended for use at aerodromes subject to this Regulation shall be subject to certification and shall be issued with a certificate. The certificate for such equipment shall be issued upon application, when the applicant has demonstrated that the equipment complies with the detailed specifications established in accordance with Article 34 to ensure compliance with the essential rArticle 31 deleted Safety-critical aerodrome equirepments referred to in Article 29. 2. paragraph 1, where the delegated acts adopted pursuant to Article 34 so provide, organisations involved in the design, manufacture and maintenance of safety- critical aerodrome equipment shall be permitted to declare the compliance of that safety-critical equipment with the essential requirements referred to in Article 29. Where the delegated acts adopted By way of derogation from

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1

Where ~~the delegated acts adopted pursuant to Article 34 so provide, safety- critical aerodrome~~safety data demonstrates that an equipment type used or intended ~~for~~to be used at aerodromes subject to this Regulation ~~shall be subject to certification and shall be issued with a certifica~~, poses a safety risk, the Agency shall take appropriate measures by promoting safety and making recommendations so appropriate and proportionate measures shall be adopted.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2

The certificate for such equipment shall be issued upon application, when the applicant has demonstrated that the equipment complies with the detailed specifications established in accordance with Article 34 to ensure compliance with the essential requirements referred to in Article 29.deleted

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 31 – paragraph 2

~~2. By way of derogation from paragraph 1, where the~~ delegated acts adopted pursuant to Article 34 so provide, organisations involved in the design, manufacture and maintenance of safety- critical aerodrome equipment shall be permitted to declare the compliance of that safety-critical equipment with the essential requirements referred to in Article 29.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 53 a (new)

Article 53a The Agency shall, in consultation with the Member States, establish offices in those Member States where its presence is considered necessary in order to achieve and fulfil the responsibilities pursuant to paragraphs 1 or 2, so it may effectively exercise the transferred responsibilities as laid down in this Regulation.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 76 – paragraph 1

1. The Member States assisted by the Agency, the Commission and the Agency shall cooperate on security matters related to civil aviation, including cyber security, with a view to ensuring that interdependencies between civil aviation safety and security are taken into account.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 109 – paragraph 1 – point f

~~(f) charges paid in accordance with Regulation (EU) No (XXXX/XXX) on the implementation of the Single European Sky for relevant ATM/ANS authority tasks;~~deleted

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 116 a (new)

Article 116a Where reference is made to Article 80, the Commission shall be assisted by the committee founded in accordance with Regulation (EU) No 549/2014.

2016/06/15
Committee: TRAN

2015/0277(COD)

Proposal for a regulation
Article 123 – paragraph 1 – point 4 – point a

Article 123 – paragraph 1

Point 4 – point a

(a) paragraph 2 is replaced by the following: ‘ 2. A dry lease agreement to which a Community air carrier is a party or a wet lease agreement under which the Community air carrier is the lessee of the wet-leased aircraft operated by a third country operator shall be subject to prior approval in accordance with Regulation (EU) No [XX/XXX reference to this Regulation to be inserted] and the delegated and implementing acts adopted on the basis thereof. ’deleted

2016/06/15
Committee: TRAN

2015/0277(COD)

Henna VIRKKUNEN, Wim van de CAMP, Francisco de Paula GAMBUS MILLET

Proposal for a regulation
Annex V – point 7 – point 7.2

7.2. The pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and/or property carried therein. The pilot must not in any way be limited in exercising this authority. In particular the type of employment status of the pilot may not have an negative effect on his authority. In this respect the use of atypical employment should be restricted and direct employment should be the standard model of employment for air crew members.

2016/06/15
Committee: TRAN

2015/0275(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13

Directive 2008/98/EC
Article 22 – paragraph 2 – point c a (new)

(ca) the use of bio-waste for the production of renewable energy, in particular to the production of advanced biofuels for aviation

2016/06/21
Committee: ITRE

2015/0204(NLE)

Ivo BELET, Francisco de Paula GAMBUS MILLET, Peter LIESE, Sirpa PIETIKÄINEN, Wim van de CAMP, Alojz PETERLE

Motion for a resolution
Paragraph 8

8. Notes the high degree of diversity as regards the way in which Member States handle their national accounting of contributions to the Union budget and calls on the Commission to ~~study possible~~urgently propose and present clear and binding recommendations in this regard to allow for an easier comparison between Member States;

2015/11/24
Committee: BUDG

Proposal for a directive
Article 1 – point 2 a (new) Directive 2003/87/EC

(2a) The following Chapter is inserted: 'Chapter IIa Shipping Article 3ga Inclusion of shipping in the absence of progress at international level As from 2019, in the absence of a comparable system operating under the IMO, CO2 emissions emitted in Union ports and during voyages to and from Union ports of call, shall be accounted for through a self-regulated system that ensures contributions at the level of the market price for allowances in the preceding year or through the surrendering of allowances in the EU ETS.'

2016/07/14
Committee: ENVI

2015/0148(COD)

Peter LIESE, Ivo BELET, Marijana PETIR, Gerben-Jan GERBRANDY, Alojz PETERLE, Wim van de CAMP

Proposal for a directive
Article 1 – point 15 a (new)

Directive 2003/87/EC
Article 21 – paragraph 2 a (new)

(15a) In Article 21, the following paragraph is inserted: '2 a. The report shall, using data provided through the cooperation referred to in Article 18b, include a list of operators subject to the requirements of this Directive who have not opened a registry account.'

2016/07/07
Committee: ENVI

2015/0148(COD)

Peter LIESE, Marijana PETIR, Matthias GROOTE, Alojz PETERLE, Wim van de CAMP

Proposal for a directive
Article 1 – point 22

Directive 2003/87/EC
Article 25a – paragraph 1 – subparagraph 1

Where a third country adopts ~~measures for reducing the climate change impact of~~a commitment under the Paris Agreement, the Commission shall adopt amendments to provide for flights ~~depart~~arriving from thate third country ~~which land in the Community, the Commiss~~concerned to be excluded from the aviation, after consulting with that third country, and with Member States within the Committee referred to in Article 23(1), shall consider options available in order to provide for optimal interaction between the Communityctivities listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning such~~eme and that country’s measure~~ amendments.

2016/07/07
Committee: ENVI

2015/0148(COD)

Peter LIESE, Marijana PETIR, Ivo BELET, Alojz PETERLE, Wim van de CAMP

The Commission shall be empowered to adopt delegated acts in accordance with Article 243~~, specifying: (a) the rules~~ with a view to establishing more detailed rules on the procedure for the calculation of the amount of import or export duty applicable to goods for which a customs debt is incurred in the context of a special procedure, s~~upplementing the ones laid down in Articles 73 and 74; (b) the cases referred to in the second subparagraph of Article 74(3); (c) the time-limit referred to in Article 75(2)~~pecifying: (a) the rules for the calculation of the amount of import duty for goods placed under the inward-processing procedure; (b) the rules for the calculation of the amount of import duty for goods placed under the inward-processing procedure in situations that the end-use procedure is requested.

2012/10/29
Committee: IMCO

Proposal for a regulation
Article 237 - paragraph 1 - subparagraph 1a (new)

However, no amendment shall be possible after any of the following events: (a) the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; (b) the customs authorities have established that the particulars in question are incorrect; (c) the customs authorities have already allowed the removal of the goods.

2012/10/29
Committee: IMCO

2012/0027(COD)

2. The exit summary declaration shall be deemed not to have been lodged when the goods declared have not been brought out of the customs territory of the Union ~~within~~after a spe~~cific time-limit after the declaration has been lodged~~riod of 150 days from the date of lodging the declaration.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 238

The Commission shall be empowered to adopt delegated acts in accordance with Article 243, s~~pecifying : (a)~~upplementing the rules on the procedure for lodging an exit summary declaration; (b) the cases where an amendment to the exit summary declaration, as referred to in Article 237(1), is authorised; (c) the time-limit referred to in Article 237(2), within which an exit summary declaration, is deemed not to have been lodged referred to in Article 236.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 238 a (new)

Article 238a Conferral of implementing powers In order to ensure uniform conditions for the implementation of the customs legislation, the Commission shall adopt by means of implementing acts measures on: (a) the responsibilities of the customs office of exit with regard to the exit summary declaration; (b) the possibility that customs authorities may, where appropriate in agreement with each other, allow the exit summary declaration to be lodged at another customs office, . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 244(4)

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 239 - paragraph 1

1. Where non-Union goods are brought out of the customs territory of the Union directly from a temporary storage facility or a free zone and no re-export notification or exit summary declaration is required, a re-export advice shall be lodged ~~by the person responsible~~ at the competent customs office.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 239 - paragraph 3 a (new)

3a. The re-export advice shall be lodged by one of the following persons: (a) the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Union; (b) the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act; (c) any person who is able to present the goods in question or to have them presented to the competent customs authority.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 243 - paragraph 2

2. The delegation of power referred to in Articles 2, 7, 10, 16, 20, 23, 25, 31, 33, 43, 55, 57, 64, 76, 87, 94, 102, 109, 113, 118, 129, 133, 136, 139, 142, 145, 151, 155, 157, 166, 171, 173, 177, 179, 182, 184, 186, 190, 192, 195, 198, 202, 217, 219, 230, 232, 234, 238, 241 shall be conferred on the Commission ~~for an indeterminate period of time from the date of entry into force of this Regulation~~until 31 December 2014.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 243 - paragraph 2 a (new)

2a. The delegation of powers referred to in paragraph 2 shall be automatically extended for a period of five years. The Commission shall draw up a report in respect of each of the delegated powers and submit it to the European Parliament and to the Council not later than nine months before the end of the five-year period. This report shall evaluate in particular the effects at Union and national level of the delegated acts on economic policies, business, administrative burden, staffing, budgetary, resourcing and capacity to deliver and shall indicate ways in which customs procedures and the application of customs legislation may be innovated and improved. The report shall, where appropriate, be accompanied by proposals for amending the Code and its delegated acts. The delegation of powers shall be either tacitly extended for periods of an identical duration, revoked in accordance with paragraph 3 or extended for a period and under the conditions defined by the European Parliament and the Council.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 243 a (new)

Article 243a The Commission may authorise one or more Member States, on their request, to test simplifications in the application of the customs legislation. Such pilots shall be open to all Member States and shall be evaluated periodically.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 243 b (new)

Article 243b The Commission shall adopt decisions referred to in Article 243a by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 244(2).

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 244 - paragraph 6

6. Where the opinion of the committee is to be obtained by written procedure and reference is made to this paragraph, that procedure shall be terminated without result only when, within the time-limit for delivery of the opinion, the chair of the committee so decidesThe written procedure shall be terminated without result where the chair so decides or a committee member so requests. In such a case, the chair shall convene a committee meeting within a reasonable time.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 244 a (new)

Article 244a Further matters The Customs Code Committee may examine any question concerning the customs legislation which is raised by its chairman, either on the initiative of the Commission or at the request of a representative of a Member State, and which concerns, in particular, the following: (a) measures to stimulate innovation; (b) any cases in which the Code and its delegated acts and implementing acts have disproportionate negative consequences for economic policies, business, administrative burden, staffing, budgetary, resourcing or capacity to deliver; (c) any problems arising from the application of customs legislation; (d) any position to be taken by the Union in committees, working groups and panels established by or under international agreements dealing with customs legislation.

2012/10/29
Committee: IMCO

2012/0027(COD)

Proposal for a regulation
Article 247 - paragraph 2

2. Articles other than those referred to in paragraph 1 shall apply on ~~the first day of the first month after 18 months following the date referred to in that paragraph~~1 January 2017.

2012/10/29
Committee: IMCO

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER, Anna Maria CORAZZA BILDT

Proposal for a regulation
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. T~~o take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In addition~~he level of protection of personal data and the measures to be taken by the controller or the processor should not be dependent on the size of the enterprise processing the personal data, but on the risk posed by such processing. However, 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.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Recital 23 a (new)

(23a) This regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use additional data. By this, controllers should be encouraged to the practice of pseudonymising data.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Hubert PIRKER, Monika HOHLMEIER, Georgios PAPANIKOLAOU, Anna Maria CORAZZA BILDT

Proposal for a regulation
Recital 25

(25) Consent should be given ~~explicit~~unambiguously by any appropriate method within the context of the product or the service being offered enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. This nevertheless leaves the provisions of 2002/58/EC untouched which state that under certain circumstances consent can be expressed via appropriate settings in the user’s device. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Monika HOHLMEIER, Lara COMI, Véronique MATHIEU HOUILLON

Proposal for a regulation
Recital 26

(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject including genetic information; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; ~~information~~personal data derived from the testing or examination of a body part or, bodily substance~~, including~~ or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Georgios PAPANIKOLAOU

Proposal for a regulation
Recital 27

(27) TWhere a controller or a processor has multiple establishments in the Union, including but not limited to cases where the controller or the processor is a group of undertakings, the main establishment of a controller in the Union for the purposes of this Regulation should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore not determining criteria for a main establishment. ~~The main establishment of the processor should be the place of its central administration~~A group of undertakings may nominate a single main establishment in the Union.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Wim van de CAMP, Hubert PIRKER, Véronique MATHIEU HOUILLON, Salvatore IACOLINO, Lara COMI

Proposal for a regulation
Recital 34

(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees’ personal data in the employment context. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.deleted

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Lara COMI, Hubert PIRKER, Renate SOMMER

Proposal for a regulation
Recital 38

(38) The legitimate interests of a controller or the third party to which the data have been transferred may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Lara COMI, Renate SOMMER

Proposal for a regulation
Recital 40

(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Véronique MATHIEU HOUILLON, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI

Proposal for a regulation
Recital 53

(53) Any person should have the right to have personal data concerning them rectified and ~~a ‘~~the right to ~~be forgotten’~~have such personal data erased where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for rhea~~sons of public inter~~lth purposest in ~~the area of public health~~accordance with Article 81, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them. Also, the right to erasure should not apply when the retention of personal data is necessary for the performance of a contract with the data subject, or when there is a regulatory requirement to retain this data, or for the prevention of financial crime.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON

Proposal for a regulation
Recital 58

(58) Every natural and legal person should have the right not to be subject to a measure which is based on profiling by means of automated processing~~. However, such measure~~ and which produces legal effects concerning that natural or legal person or significantly affects that natural or legal person. Actual effects should be comparable in their intensity to legal effects to fall under this provision. This is not the case for measures relating to commercial communication, like for example in the field of customer relationship management or customer acquisition. However, a measure based on profiling by automated data processing and which produces legal effects concerning a natural or legal person or significantly affects a natural person should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Recital 62

(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes~~, conditions and means~~ of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Recital 65

(65) In order to demonstrate compliance with this Regulation, the controller ~~or processor~~ should document ~~each~~ processing operations, which following a risk assessment pose a high degree of risk to the fundamental rights of the data subjects, in particular their right to privacy. Each controlle~~r and processo~~r should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations. Each processor should provide the controller with all information necessary to meet his obligations under this Regulation.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Kinga GÁL, Monika HOHLMEIER

Proposal for a regulation
Recital 65

(65) In order to demonstrate compliance with this Regulation, the controller ~~or processor~~ should document each processing operation under its responsibility. Each controller ~~and processor~~ should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Recital 70

(70) Directive 95/46/EC provided for a general obligation to notify processing of personal data to the supervisory authorities~~. While t~~ allowing the Member States to exempt processing, which were unlikely to pose risks to the data subjects, from this obligation. This obligation produces administrative and financial burdens, and it did not in all cases contribute to improving the protection of personal data. Therefore such indiscriminate general notification obligation should be abolished, and replaced by effective procedures and mechanism which focus instead on those processing operations which are likely to present ~~specific~~high degree of risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. In such cases, a ~~data protection~~privacy impact assessment should be carried out by the controller ~~or processor~~ prior to the processing, which should include in particular the envisaged measures, safeguards and mechanisms for ensuring the protection of personal data and for demonstrating the compliance with this Regulation.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Recital 74

(74) Where a data protection impact assessment indicates that processing operations involve a high degree of specific risks to the rights and freedoms of data subjects, such as excluding individuals from their right, or by the use of specific new technologies, the supervisory authority should be consulted, prior to the start of operations, on a risky processing which might not be in compliance with this Regulation, and to make proposals to remedy such situation. Such consultation should equally take placecontroller should document the privacy impact assessment and make such assessment available to the supervisory authority upon request. The supervisory authority should be consulted in the course of the preparation either of a measure by the national parliament or of a measure based on such legislative measure which defines the nature of the processing and lays down appropriate safeguards.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Recital 75

(75) Where the processing is carried out in the public sector or where~~, in the private sector,~~ processing is carried out by ~~a large~~ enterprise~~, or where~~ which relates to its core activities~~, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring~~ and poses a high degree of risk to the rights and freedoms of data subjects especially their right to privacy, such as the regular and systematic monitoring of data subjects, irrespective of the measures taken to mitigate such risks, a person should assist the controller ~~or processor~~ to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. In any other case, the appointment of such a person should be optional. The data protection officer should be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil his or her tasks. The necessary level of expert knowledge should be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Recital 87

(87) These derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest, for example in cases of international data transfers between competition authorities, tax or customs administrations, financial supervisory authorities, between services competent for social security matters, between bodies responsible for fighting fraud in sports, or to competent authorities for the prevention, investigation, detection and prosecution of criminal offences.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Hubert PIRKER, Georgios PAPANIKOLAOU

Proposal for a regulation
Recital 112

(112) Any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data and is constituted according to the law of a Member State should have the right to lodge a complaint with a supervisory authority or exercise the right to a judicial remedy on behalf of data subjects, or to lodge, independently of a data subject’s complaint, an own complaint where it considers that a personal data breach has occurred.deleted

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Hubert PIRKER

Proposal for a regulation
Recital 114

(114) In order to strengthen the judicial protection of the data subject in situations where the competent supervisory authority is established in another Member State than the one where the data subject is residing, the data subject may request any body, organisation or association aiming to protect the rights and interests of data subjects in relation to the protection of their data to bring on the data subject’s behalf proceedings against that supervisory authority to the competent court in the other Member State.deleted

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Véronique MATHIEU HOUILLON, Wim van de CAMP, Renate SOMMER, Georgios PAPANIKOLAOU, Lara COMI

Proposal for a regulation
Recital 121

(121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e c (new)

(ec) which have been rendered anonymous;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Lara COMI, Monika HOHLMEIER

Proposal for a regulation
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 working together with the controller, 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; and who is not acting in his/her professional capacity;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER, Georgios PAPANIKOLAOU, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)

(2a) ‘pseudonymous data’ means any personal data that has been collected, altered or otherwise processed so that it of itself cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution, or that such attribution would require a disproportionate amount of time, expense and effort;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER, Georgios PAPANIKOLAOU, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)

(2b) ‘anonymous data’ means any personal data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject; anonymous data shall not be considered personal data;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 4 – paragraph 1 – point 5

(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, ~~conditions and means~~ of the processing of personal data; where the purposes~~, conditions and means~~ of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Hubert PIRKER, Monika HOHLMEIER, Georgios PAPANIKOLAOU, Véronique MATHIEU HOUILLON, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 4 – paragraph 1 – point 8

(8) ‘the data subject’s consent’ means any freely given specific, informed and ~~explicit~~unambiguous indication of his or her wishes by which the data subject~~, either by a statement or by a clear affirmative action,~~ signifies agreement to personal data relating to them being processed; Silence or inactivity does not in itself indicate acceptance;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Georgios PAPANIKOLAOU

Proposal for a regulation
Article 4 – paragraph 1 – point 13

(13) ‘main establishment’ means ~~as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and means~~the location as determined by the data controller or data processor on the basis of the following transparent and objective criteria: the location of the pgrocessing of personal data are taken; if no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities ofup’s European headquarters, or, the location of the company within the group with delegated data protection responsibilities, or, the location of the company which is best placed (in terms of management function, administrative capability etc) to address and e~~stablishment of a controller in the Union take place. As regards the processor, ‘main establishment’ means the place of its central administration in the Union~~nforce the rules as set out in this Regulation, or, the place where the main decisions as to the purposes of processing are taken for the regional group;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Lara COMI, Hubert PIRKER, Renate SOMMER

Proposal for a regulation
Article 6 – paragraph 1 – point f

(f) processing is necessary for the purposes of the legitimate interests pursued by ~~a controller~~, or on behalf of a controller or a processor, or by a third party or parties in whose interest the data is processed, including for the security of processing, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, ~~in particular where the data subject is a child. This shall not apply to~~such as in the case of processing data pertaining to a child. The interest or fundamental rights and freedoms of the data subject shall not override processing carried out by public authorities in the performance of their tasks.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Hubert PIRKER, Lara COMI, Renate SOMMER, Salvatore IACOLINO

Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)

(fa) the data are collected from public registers lists or documents accessible by everyone;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 6 – paragraph 1 – point f c (new)

(fc) processing is limited to pseudonymised data, where the data subject is adequately protected and the recipient of the service is given a right to object pursuant to Article 19(3);

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 6 – paragraph 1 – point f d (new)

(fd) processing is necessary for the purpose of anonymisation or pseudonymisation of personal data;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Processing of pseudonymised data to safeguard the legitimate interests pursued by a controller shall be lawful, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point b a (new)

(ba) international conventions to which the EU or a Member State is a party.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

The international conventions, EU law or the law of the Member State must meet an objective of public interest or must be necessary to protect the rights and freedoms of others, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 4

4. ~~Where the purpose of further~~Personal data have may not be processed further if the intended purpose for which the personal data will be process~~ing~~ed is inot compatible with the one for which the personal data have been collected~~, the processing must have a legal basis at least in one of the grounds referred to in points~~. The data controller must assess the compatibility of the purposes in taking into account: (a) the affiliation between the intended and original processing purposes; (ab) t~~o (e) of paragraph 1. This shall in particular apply to any change of terms and gener~~he nature of the data concerned; (c) the consequences of the intended processing for the data subjects or third parties; (d) the ways and means used for the original co~~ndi~~llections of ~~a contract~~the data; (e) any adequate safeguards the data controller has provided.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Lara COMI, Renate SOMMER

Proposal for a regulation
Article 6 – paragraph 4

4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in ~~points (a) to (e) of~~ paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. Further processing of personal data for historical, statistical and scientific purposes shall not be considered as incompatible when the data controller has provided all necessary precautions to ensure that the personal data can only be further processed for these specific purposes.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 4 b (new)

4b. Further processing of personal data is prohibited if the processing is not compatible with any legal, professional or other binding obligation of secrecy.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Wim van de CAMP, Hubert PIRKER, Véronique MATHIEU HOUILLON, Salvatore IACOLINO, Lara COMI

Proposal for a regulation
Article 6 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the conditions referred to in point (f) of paragraph 1 for various sectors and data processing situations, including as regards the processing of personal data related to a child.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Lara COMI, Renate SOMMER

Proposal for a regulation
Article 6 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the conditions referred to in point (f) of paragraph 1 for various sectors and data processing situations, including as regards the processing of personal data related to a child.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 7 – paragraph 4

~~4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller.~~deleted

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Lara COMI, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)

(aa) processing is necessary for the performance or execution of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Monika HOHLMEIER, Lara COMI, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 9 – paragraph 2 – point f

(f) processing is necessary for the establishment, exercise or defence of legal claims or the legally justified fulfilment of claims of third parties affected; or

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point g

(g) processing is necessary for the performance of a task carried out in the public interest, on the basis of international conventions to which the EU or a Member State is a party, Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's legitimate interests; or

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point h

(h) processing of data concerning health and insurance is necessary for health purposes and subject to the conditions and safeguards referred to in Article 81; or

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 9 – paragraph 2 – point j

(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, for the prevention or detection of fraud, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Monika HOHLMEIER, Lara COMI, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)

(ja) processing of data concerning health is necessary for private social protection, especially by providing income security or tools to manage risks that are in the interests of the data subject and his or her dependants and assets, or by enhancing inter-generational equity by means of distribution.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 10 – paragraph 1

If the data processed by a controller do not permit the controller or a processor to identify a natural person, in particular when rendered anonymous or pseudononymous the controller shall not be obliged to process or acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER, Hubert PIRKER, Salvatore IACOLINO, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 14 – paragraph 1 – introductory part

1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Véronique MATHIEU HOUILLON, Kinga GÁL, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Wim van de CAMP, Salvatore IACOLINO

Proposal for a regulation
Article 14 – paragraph 1 – point a

(a) the identity and the contact details of the controller and, if any, of the controller's representative ~~and of the data protection officer~~;

2013/03/04
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER, Salvatore IACOLINO

Proposal for a regulation
Article 14 – paragraph 1 – point b

(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL

Proposal for a regulation
Article 14 – paragraph 1 – point c

~~(c) the period for which the personal data will be stor~~deleted;

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 1 – point d

(d) the existence of the right to request from the controller access to and rectification or erasure of the personal data concerning the data subject orand to object to the processing of such personal data;

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER

Proposal for a regulation
Article 14 – paragraph 1 – point e

~~(e) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER

Proposal for a regulation
Article 14 – paragraph 1 – point h

~~(h) any further information necessary to guarantee fair processing in respect of the data subject, having regard to the specific circumstances in which the personal data are collec~~deleted.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 2

2. Where the personal data are collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, whether the provision of personal data is obligatory ~~or voluntary, as well as the possible consequences of failure to provide such data~~.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 4 – point b

(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed; or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER, Hubert PIRKER

Proposal for a regulation
Article 14 – paragraph 5 – point b

(b) the data are not collected from the data subject or the data processes do not allow the verification of identity and the provision of such information proves impossible or would involve a disproportionate effort such as by generating excessive administrative burden, especially when the processing is carried out by a SME; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 5 – point c

(c) ~~the data are not collected from the data subject and~~ recording or disclosure is expressly laid down by law; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 5 – point d

(d) ~~the data are not collected from the data subject and~~ the provision of such information will impair the rights and freedoms of others, as defined in Union law or Member State law ~~in accordance with Article 21.~~; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL

Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)

(da) the data originates from publicly available sources; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Hubert PIRKER

Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)

(db) the data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of a legitimate overriding interest of a third party.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Hubert PIRKER, Monika HOHLMEIER, Jan Philipp ALBRECHT

Proposal for a regulation
Article 14 – paragraph 5 – point d c (new)

(dc) the data are processed in the exercise of his profession by, or are entrusted or become known to, a person who is subject to an obligation of professional secrecy regulated by the State or to a statutory obligation of secrecy.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 14 – paragraph 7

~~7. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point (f) of paragraph 1, the requirements for the notice of potential access referred to in point (g) of paragraph 1, the criteria for the further information necessary referred to in point (h) of paragraph 1 for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in point (b) of paragraph 5. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized- enterprises.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER, Hubert PIRKER, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 15 – paragraph 1 – introductory part

1. TOnly the data subject shall have the right to obtain from the controller ~~at any time,~~ on request, confirmation as to whether or not personal data relating to the data subject are being processed unless this request is manifestly excessive according to 12 (4). Where such personal data are being processed, the controller shall - so far as the data subject has not received - provide the following information:

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER, Salvatore IACOLINO

Proposal for a regulation
Article 15 – paragraph 1 – point d

(d) if known the period for which the personal data will be stored;

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Kinga GÁL, Renate SOMMER, Monika HOHLMEIER, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 15 – paragraph 2

2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. 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.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER, Kinga GÁL, Hubert PIRKER, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 15 – paragraph 3

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the communication to the data subject of the contentdata subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data which were provided by the data subject itself and that undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. This right shall not restrict rights of others as trade secrets or intellectual property rights. This does not apply on the processing of anonymised and pseudonymised data, insofar as the data subject is not sufficiently identifiable ofn the ~~personal data refer~~basis of such data or identification would required t~~o in point (g) of paragraph 1~~he controller to undo the process of pseudonymisation.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Hubert PIRKER, Kinga GÁL, Lara COMI, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 15 – paragraph 3 a (new)

3a. There shall be no right to information where: (a) data are involved which a person bound by professional secrecy is required to protect; (b) data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of the overriding interest of a third party; (c) the public entity responsible has ascertained in relation to the entity responsible that disclosure of the data would endanger public safety or order; (d) data comprise trade secrets.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER, Kinga GÁL, Lara COMI

Proposal for a regulation
Article 16 – paragraph 1 a (new)

Paragraph 1 shall not apply to pseudonymous data.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 17 – paragraph 2

2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication. Anonymised data, pseudonymised data and encrypted data are exempted, where compliance with this provision would require the controller to undo the process of anonymisation, pseudonymisation or encryption.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Hubert PIRKER, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)

(ea) for purposes of the prevention and detection of fraud, and to the extent criminal data are processed, such processing is in accordance with Article 9(2) point j).

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 18

Article 18 Right to data portability 1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. 2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn. 3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 19 – paragraph 2

2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information. This right shall include a right to object to the collection and use of personal data obtained through online tracking of the data subject's preferences and behaviour across websites. Where a data subject expresses this right to object through technical means, such as a browser setting, controllers and processors shall respect such objection, consistent with technical industry standards, and must obtain the consent of the data subject to process personal data derived from online tracking for marketing purposes. Consent to online tracking shall enable persistent online tracking across all websites unless such consent is subsequently revoked by the data subject.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 19 – paragraph 3 a (new)

3a. Where pseudonymised data is processed pursuant to Article 6(1) the data subject shall have the right to object free of charge. This right shall be offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON

Proposal for a regulation
Article 20 – paragraph 1

1. Every ndat~~ural person~~a subject shall have the right not to be subject to a ~~measure~~processing of personal data which produces adverse legal effects concerning this ndat~~ural person or significant~~a subject or comparably affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this ndat~~ural person~~a subject or to analyse or predict in particular the ndat~~ural person~~a subject's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 20 – paragraph 2 – point c

(c) is ~~based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards~~lawful pursuant to Article 6(1)(a) to (f) of this Regulation.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 20 – paragraph 2 – point c a (new)

(ca) is limited to pseudonymised data. Such pseudonymised data must not be collated with data on the bearer of the pseudonym. Article19(3a) shall apply correspondingly.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER

Proposal for a regulation
Article 20 – paragraph 3

3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely on the special categories of personal data referred to in Article 9. unless the data subject has given consent.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Monika HOHLMEIER

Proposal for a regulation
Article 20 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's legitimate interests referred to in paragraph 2.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)

(ba) national security;

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 1

1. The controller shall adopt appropriate policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d

(d) complying with the requirements for prior authorisation ~~or prior consultation~~ of the supervisory authority pursuant to Article 34(1) ~~and (2)~~;

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 3

3. The controller shall implement appropriate mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shall be carried out by independent internal or external auditors.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 24 – paragraph 1

Where a controller determines the purposes~~, conditions and means~~ of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Monika HOHLMEIER, Lara COMI, Kinga GÁL, Renate SOMMER

Proposal for a regulation
Article 26 – paragraph 2 – introductory part

2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller ~~and stipulating in particular that the processor shall~~. The controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this Regulation and shall provide for the following:

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 26 – paragraph 2 – point d

~~(d) enlist another processor only with the prior permission of the controller;~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 26 – paragraph 2 – point e

(e) insofar as this is possible given the nature of the processing, create in agreement with the controller the necessary technical and organisational requirements for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 26 – paragraph 2 – point f

~~(f) assist the controller in ensuring compliance with the obligations pursuant to Articles 30 to 34;~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 26 – paragraph 2 – point g

~~(g) hand over all results to the controller after the end of the processing and not process the personal data otherwise;~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL, Georgios PAPANIKOLAOU

Proposal for a regulation
Article 26 – paragraph 2 – point h

(h) make available to the controller and the supervisory authority on request all information necessary to control compliance with the obligations laid down in this Article.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI

Proposal for a regulation
Article 26 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the responsibilities, duties and tasks in relation to a processor in line with paragraph 1, and conditions which allow facilitating the processing of personal data within a group of undertakings, in particular for the purposes of control and reporting.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

1. The controller ~~and the processor~~ shall designate a data protection officer in any case where:

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point b

(b) the processing is carried out by an enterprise ~~employing 250 persons or more; or~~and the outcome of any privacy impact assessment, as referred to in Article 33, on the processing related to its core activities, especially core activities which by virtue of their nature, scope or purposes require regular and systematic monitoring of data subjects, indicates a high degree of risk to the rights and freedoms of data subjects, especially their right to privacy, irrespective of the measures taken by the controller or processor to mitigate such risks. In all other cases, the designation of a data protection officer is optional;

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c

(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 2

2. ~~In the case referred to in point (b) of paragraph 1, a~~A group of undertakings may appoint a single data protection officer.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 44 – paragraph 5

5. The public interest referred to in point (d) of paragraph 1 must be recognised in international conventions, Union law or in the law of the Member State to which the controller is subject.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 73 – paragraph 2

2. Any body, organisation or association which aims to protect data subjects‘ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject's rights under this Regulation have been infringed as a result of the processing of personal data.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Renate SOMMER, Lara COMI, Monika HOHLMEIER, Hubert PIRKER, Georgios PAPANIKOLAOU, Salvatore IACOLINO

Proposal for a regulation
Article 73 – paragraph 2

2. Any body, organisation or association which aims to protect data subjects‘ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject's rights under this Regulation have been infringed as a result of the processing of personal data.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 73 – paragraph 3

3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Hubert PIRKER, Georgios PAPANIKOLAOU, Salvatore IACOLINO, Lara COMI

Proposal for a regulation
Article 73 – paragraph 3

3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 76 – paragraph 1

~~1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects.~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 76 – paragraph 1

~~1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects.~~deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Monika HOHLMEIER, Véronique MATHIEU HOUILLON, Renate SOMMER, Seán KELLY, Wim van de CAMP, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 77 – paragraph 1

1. Any person who has suffered 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.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 77 – paragraph 2

2. Where more than one controller ~~or processor~~ is involved in the processing, each controller ~~or processor~~ shall be jointly and severally liable for the entire amount of the damage, notwithstanding the contractual agreement they might have concluded according to Article 24.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Véronique MATHIEU HOUILLON, Seán KELLY, Wim van de CAMP, Renate SOMMER, Monika HOHLMEIER, Lara COMI, Kinga GÁL

Proposal for a regulation
Article 77 – paragraph 3

3. The controller ~~or the processor~~ may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 5

5. The supervisory authority ~~shall~~may impose a fine up to 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) does not provide the information, or does provide incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14; (b) does not provide access for the data subject or does not rectify personal data pursuant to Articles 15 and 16 or does not communicate the relevant information to a recipient pursuant to Article 13; (c) does not comply with the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to, or copy or replication of the personal data pursuant Article 17; (d) does not provide a copy of the personal data in electronic format orhas not provided a mechanism pursuant Article 17a. When determining a fine for a violation as referred to in this section, the supervisory authority shall take into account the extent to which the controller, or the main establishment as referred to in article 22(4), has put in place mechanisms for ensuring that the time limits with respect to the retention of the personal data are observed; (d) hinders the data subject to ~~transmit the personal data~~his user- generated content to another application in violation of Article 18; (e) does not or not sufficiently determine the respective responsibilities with co- controllers pursuant to Article 24; (f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3); (g) does not comply, in cases where special categories of data are not involved, pursuant to Articles 80, 82 and 83 with rules in relation to freedom of expression or with rules on the processing in the employment context or with the conditions for processing for historical, statistical and scientific research purposes.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 6

6. The supervisory authority ~~shall~~may impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) processes personal data without any or sufficient legal basis for the processing or does not comply with the conditions for consent pursuant to Articles 6, 7 and 8; (b) processes special categories of data in violation of Articles 9 and 81; (c) does not comply with an objection or the requirement pursuant to Article 19; (d) does not comply with the conditions in relation to measures based on profiling pursuant to Article 20; (e) does not adopt internal policies or does not implement appropriate measures for ensuring and demonstrating compliance pursuant to Articles 22, 23 and 30; (f) does not designate a representative pursuant to Article 25; (g) processes or instructs the processing of personal data in violation of the obligations in relation to processing on behalf of a controller pursuant to Articles 26 and 27; (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject pursuant to Articles 31 and 32; (i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority pursuant to Articles 33 and 34; (j) does not designate a data protection officer or does not ensure the conditions for fulfilling the tasks pursuant to Articles 35, 36 and 37f) does not designate a representative pursuant to Article 25; (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject pursuant to Articles 31 and 32; (k) misuses a data protection seal or mark in the meaning of Article 39; (l) carries out or instructs a data transfer to a third country or an international organisation that is not allowed by an adequacy decision or by appropriate safeguards or by a derogation pursuant to Articles 40 to 44; (m) does not comply with an order or a temporary or definite ban on processing or the suspension of data flows by the supervisory authority pursuant to Article 53(1); (n) does not comply with the obligations to assist or respond or provide relevant information to, or access to premises by, the supervisory authority pursuant to Article 28(3), Article 29, Article 34(6) and Article 53(23); (o) does not comply with the rules for safeguarding professional secrecy pursuant to Article 84.

2013/03/06
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 6 a (new)

6a. A fine for violations referred to in paragraph 6 can only be imposed for a particular processing of personal data. When determining a fine for a violation as referred to in this paragraph, the supervisory authority shall take into account the following facts and circumstances: (a) the extent to which the controller, or the main establishment as referred to in Article 22(4), has adopted internal policies and has implemented the measures referred to in Articles 22, 23 and 30 with respect to such processing; (b) the fact whether or not the controller, or the main establishment as referred to in Article 22(4), has designated a data protection officer pursuant to Article 35; (c) the extent to which the controller has allowed the data protection officer, if any, to perform his tasks as referred to in Article 37 with respect to such processing; (d) the extent to which the data protection officer, if any, was involved in the decision making with respect to such processing or in the implementation thereof; (e) the fact whether or not the controller has performed a privacy impact assessment with respect to such processing; (f) the fact whether or not the controller, where relevant, has complied with Article 26; and (g) the extent to which the controller has instructed the processor, if any, pursuant to Article 27.

2013/03/06
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Véronique MATHIEU HOUILLON, Renate SOMMER, Wim van de CAMP, Lara COMI

Proposal for a regulation
Article 80 – paragraph 1

1. ~~Member States shall provide for exemptions or derogations from the provisions on the~~ Chapter II (general principles in), Chapter II, I (the rights of the data subject in), Chapter I~~II, on~~V (the controller and processor in), Chapter ~~IV, on the~~ V (transfer of personal data to third countries and international organisations in), Chapter V~~, the independent~~ I (supervisory authorities in), Chapter VI ~~and on~~ I (co-operation and consistency in) and Articles 73, 74, 76 and 79 of Chapters VII ~~for~~I (legal remedies, liability and penalties) and X shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.

2013/03/08
Committee: LIBE

2012/0011(COD)

Axel VOSS, Seán KELLY, Wim van de CAMP, Véronique MATHIEU HOUILLON, Renate SOMMER, Monika HOHLMEIER

Proposal for a regulation
Article 81 – paragraph 1 – point c a (new)

(ca) purposes of the entering into, or performance of, insurance contracts, especially in order to make an assessment of insured risks, the calculation of premiums, the settlement of claims and payment of benefits and the prevention and detection of fraud under insurance contracts.

2013/03/08
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)

(ba) the personal data is processed for the purpose of generating aggregate data reports, wholly composed of either anonymous data, pseudonymous data or both.

2013/03/08
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 15 a (new)

(15a) ‘marking’ means the marking of stored personal data without the aim of limiting their processing in future;

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 4 – subparagraph 1 a (new)

Personal data which were originally collected for a different purpose may only be used to prevent, investigate and detect crimes, and to prosecute offenders, on the basis of a statutory instrument which provides adequate safeguards for the protection of the privacy of the data subject.

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 5

Distinction between different categories of 1. Member States shall provide that, as far as possible, the controller makes a clear distinction between personal data of different categories of data subjects, such as: (a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a criminal offence; (c) victims of a criminal offence, or persons with regard to whom certain facts give reasons for believing that he or she could be the victim of a criminal offence; (d) third parties to the criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, or a person who can provide information on criminal offences, or a contact or associate to one of the persons mentioned in (a) and (b); en (e) persons who do not fall within any of the categories referred to above.Article 5 deleted data subjects

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 5 a (new)

Article 5a Authorisation 1. Member States shall provide that the controller must maintain an authorisation system which complies with the requirements of carefulness and proportionality. 2. Personal data shall be processed only by persons who have been authorised for the purpose by the controller with a view to the proper performance of their task and within the limits of the authorisation. 3. The authorisation shall include a clear description of the ways in which the person concerned is authorised to process the data and the elements of the task for the performance of which the processing is to be carried out.

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ensure that, as far as possible, ~~the differen~~in processing soft cdat~~egories of personal data undergoing processing~~a on the involvement of individuals in planning or committing serious offences, other than as a suspect, data are distinguished in accordance with their degree of accuracy and reliability.

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall ensure that, ~~as far as possible,~~in the data processing referred to in paragraph 1, as far as possible, a distinction is made between personal data based on facts a~~re distinguished from~~nd personal data based on personal assessments.

2013/03/06
Committee: LIBE

2012/0010(COD)

Proposal for a directive
Article 25 – paragraph 1 a (new)

1a. The Member States shall lay down that, in the case of a proposal for a law which provides for the processing of personal data which entails serious risks to the rights and freedoms of citizens on account of its nature, scope or purpose, an assessment of the impact of the proposed measure on the protection of personal data shall be performed. The assessment shall at least include a general description of the proposed processing operations, an assessment of the risks to the rights and freedoms of the data subjects, the measures envisaged to address those risks, safeguards, security measures and procedures to ensure the protection of personal data and to demonstrate compliance with the provisions adopted pursuant to this Directive, taking into account the rights and justified expectations of the data subjects and other persons concerned.

2013/03/08
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Citation 3 a (new)

– having regard to Protocol No 29, annexed to the TEU, on the system of public broadcasting in the Member States,

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Citation 5 a (new)

– having regard to the independent study, conducted at the Commission's request, in which a Media Monitoring Tool is defined with indicators to highlight threats to media pluralism,

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Citation 7

– having regard to its resolutions of 20 November 2002 on media concentration2 , of 4 September 2003 on the situation as regards fundamental rights in the European Union (2002)3 , of 4 September 2003 on Television without Frontiers4 , of 6 September 2005 on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-20025 , of 22 April 2004 on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental6 , of 25 September 2008 on concentration and pluralism in the media in the European Union7 , of 25 November 2010 on public service broadcasting in the digital era: the future of the dual system, and of 10 March 2011 on media law in Hungary8 ,

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas the changes in the media world and in communication technologies have redefined the arena of information exchange and the way in which people are informed and public opinion is shaped;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Recital B b (new)

Bb. whereas a vibrant, competitive and pluralistic (audiovisual and written) media landscape stimulates the participation of citizens in public debate, which is essential for a well-functioning democratic system;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Recital G

G. whereas on 16 January 2007 the Commission launched a ‘three-step approach’, comprising a Commission Staff Working Paper on Media Pluralism, an independent study on media pluralism in EU Member States, with indicators for assessing media pluralism and identifying potential risks in the EU Member States (in 2007), and a Commission Communication on the indicators for media pluralism in the EU Member States (in 2008), followed by a public consultation12 ;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Recital L

L. whereas concerns arise in relation to the challenges facing public ~~service broadcasters~~and private media in terms of editorial independence, staff recruitment, pluralism, neutrality and quality of information, access and funding, caused by undue political and financial interference, as well as the economic crisis;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Recital M a (new)

Ma. whereas the speeding up of the news cycle has led to severe shortcomings of journalists, such as the omission of controlling and double-checking journalistic sources;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 2

2. Calls on the Member States for the devising of procedures and mechanisms for the selection and appointment of media heads, management boards, media councils and regulatory bodies that are transparent, based on merit and indisputable experience and that ensure professionalism, integrity, independence, consensus across the political and social spectrum and ~~continui~~legal certainty, instead of political or partisan criteria in the framework of a spoil system linked to the results of elections or the will of those in power;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 4

4. RUnderlines the fundamental role of a genuinely balanced European dual system, in which private and public service media play their respective roles; recalls the important role of the public service media, funded by citizens through the State, and their institutional duties to provide high quality and accurate and reliable information; stresses that the private media have similar duties in relation to information, ~~notably~~in particular information of institutional and political nature, ~~in particular on the occasion~~such as in the context of elections, referenda, etc;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses the importance of appropriate, proportionate and stable funding for public service media in order to guarantee political and economical independence, so that public service media may fulfil their full remit - including their social, educational, cultural and democratic role - and that they are able to adapt to digital change and contribute to an inclusive information and knowledge society with representative, high- quality media available to all;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 6

6. Believes that media ownership and management should be transparent and not concentrated; calls on the Commission and the Member States to ensure competition so as to address and prevent dominant positions and guarantee the access of new entrants on the market; calls for rules to ensure that conflicts of interest are properly addressed and resolved; highlights that advertising and sponsoring ~~may~~should never cause interference with the editorial line of media;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 7

7. Underlines the importance of ensuring the independence of journalists, both from internal pressures from editors or owners and externally from political or economic lobbies or other interest groups~~; highlights the fact that the right of access to documents and information is fundamental and calls for~~ and points at the importance of editorial charters to prevent owners, governments or external stakeholders from interfering with news content; highlights the fact that the right of access to documents and information is fundamental and calls upon the Member states to establish a solid and extensive legal framework with regard to freedom of governmental information and access to public documents; appeals to the Member States to provide legal guarantees regarding the full protection of the confidentiality of sources principle and calls for the strict application of the European Court of Human Rights case-law in this area, including in relation to whistle-blowing; calls for journalists to be protected from threats and violence, as investigative journalists are often threatened as a result of their activities; highlights the need to support and promote investigative journalism and ~~to promote ethical journalism in the media by developing professional standards~~urges the Member States and the European Commission to come up with mechanisms to support and appro~~priate redress procedures;~~ mote independent investigative journalism;

2012/11/28
Committee: LIBE

2011/2246(INI)

Wim van de CAMP, Ivo BELET

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses that an increasing number of journalists find themselves employed under precarious conditions, lacking social guarantees common on the normal job market and calls for an improvement of the working conditions of media professionals;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 7 b (new)

7b. Emphasizes the need to promote ethical journalism in media; calls upon the European Commission to propose a legal instrument (e.g. by means of a recommendation such as the recommendation of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry) to ensure that the Member States oblige the media sector to develop professional standards and ethical codes which include the obligation to indicate a difference between facts and opinions in reporting, the necessity of accuracy, impartiality and objectivity, respect for people's privacy, the duty to correct misinformation and the right of reply; this legal framework should foresee the establishment by the media sector of an independent media regulatory authority – operating independently from political or other external interference – that can treat complaints about the press based on the professional standards and ethical codes, and that has the authority to take appropriate sanctions;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 8 a (new)

8a. Emphasises the growing importance of news aggregators, search engines and other intermediaries in the dissemination and access to information and news content on the internet and calls upon the Commission to include these internet actors in the EU regulatory framework when revising the Audiovisual Media Services Directive in order to tackle the problems of discrimination of content and distortion of source selection;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 8 b (new)

8b. Encourages the Commission and the Member States – in the framework of the Commission's media literacy policy – to pay sufficient attention to the importance of media education to provide citizens with the skills of critical interpretation and the ability to sift through the ever- growing volume of information;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 8 c (new)

8c. Calls on the Commission to check whether the Member States allocate their broadcasting license on the basis of objective, transparent, non-discriminating and proportional criteria;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 10

10. Calls on the Commission to institutionalise EU-level cooperation and coordination on the media, ~~for instance~~ by establishing a European regulators' group for audiovisual media services, and to harmonise the status of the national regulatory authorities provided for in Articles 29 and 30 of the Audiovisual Media Services Directive (AVMSD) and strengthen their role in the next revision of the AVMSD, ensuring that they are independent, impartial and transparent as regards their decision-making processes, the exercise of their powers and the monitoring process, and that they have appropriate sanctioning powers to ensure that their decisions are implemented;

2012/11/28
Committee: LIBE

2011/2246(INI)

Motion for a resolution
Paragraph 12

12. Calls the Commission and the Member States to ensure transparency in media ownership ~~and to ascertain whether public funds are used efficiently by Member States in relation to the public service media~~;

2012/11/28
Committee: LIBE

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Recital A

A. whereas consumers affected by a legal infringement that wish to pursue a court case in order to obtain redress on an individual basis often face significant barriers in terms of accessibility, effectiveness and affordability due to sometimes high litigation costs, potential psychological costs, complex and lengthy procedures, and lack of information on the available means of redress,

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Recital B

B. whereas individual lawsuits ~~are often not~~may not constitute an effective means to stop unlawful practices or to obtain compensation, as consumers are reluctant to initiate private lawsuits, in particular if the individual loss is small in comparison to the costs,

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Recital B a (new)

B a. whereas, according to the Special Eurobarometer survey on Access to Justice in the EU-15 of October 2004, one out of five consumers, and one out of two consumers, will not go to court for disputes amounting to less than 1000 euros and 200 euros respectively,

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Recital E

E. whereas ~~the overall~~in some Member States the performance of the existing consumer redress and enforcement tools ~~designed at EU level is not deemed~~and the EU coordination of the national systems of collective redress might not be satisfactory,

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Recital G

G. whereas the integration of European markets and the consequent increase in cross-border activities highlight the need for a coherent EU-wide approach to address ~~the numerous mass detriment~~ cases where consumers are left empty handed as the procedures for the collective claim of compensatory relief which have been introduced in a number of Member States do not provide for cross- border solutions,

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 1

1. Stresses that~~, as a consequence of the weaknesses of the current redress and enforcement framework in the EU, a significant~~ the existing legal framework at EU level to put an end to infringements and encourage cooperation between competent national authorities suffers from several shortcomings; calls on the Commission to further reinforce and increase the effectiveness of Directive 98/27/EC on injunctions for the pro~~por~~tection of consumers ~~and SMEs who have suffered damage do not obtain redress, and continued illegal practices cause significant aggregate loss to society~~' interests and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, in order to ensure appropriate public enforcement of consumers' rights in the EU; insists nonetheless on the fact that neither Directive 98/27/EC nor Regulation (EC) No 2006/2004 allow for consumers to be compensated for the damage suffered;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 4

4. Points out that, given the diversity of existing national systems, the lack of ~~a consiste~~legal certainty a~~pproach to collective redress at EU level~~nd coherence throughout the EU may undermine the enjoyment of rights by both citizens and businesses, and gives rise to uneven enforcement of such rights;

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Sylvana RAPTI, Wim van de CAMP, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 5

5. Emphasises that this situation leads to a significant discrimination in access to justice to the detriment of the internal market as consumers ~~and businesses~~ are being treated differently according to their place of residence;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 5 a (new)

5 a. Notes that, according to a study carried out for DG SANCO by Civil Consulting in 2008 ('Evaluation of the effectiveness and efficiency of collective redress mechanisms in the EU'), none of the existing collective redress mechanisms within the EU have generated disproportionate economic consequences on the businesses concerned;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 5 b (new)

5 b. Insists on the fact that the lack of legal certainty and clarity at EU level may encourage forum-shopping among the claimants, the latter choosing the jurisdiction with the most favourable and/or least stringent legislation to stand in court in the case of cross-border disputes;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 6

6. ~~Believes that numerous previous consultations have allowed~~Insists on the added value of an EU action for the identification of the relevant gaps in the existing regulatory framework, thus providing adequate evidence of the need for an EU action in the field of collective redress to remedy the current shortcomingsfinition of a common framework in the field of collective redress given the shortcomings and lack of effectiveness of existing EU legal instruments, the diversity of situations at national level, and the risk of abuses entailed by the potential evolution and reforms of existing national collective redress systems and/or the introduction of collective redress systems in Member States where such instruments do not yet exist;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 7

7. Calls therefore on the Commission to submit a proposal, including possibly a legislative initiative, establishing a set of common principles and safeguards for a collective redress mechanism applicable to both national and cross-border cases, while taking due account of the EU legal tradition and the legal orders of the 27 Member States, and in accordance with the principles of subsidiarity and proportionality provided for in Article 5 of the Treaty on the European Union;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 7

7. Calls therefore on the Commission to submit a non-legislative initiative ~~establishing a set of common principles for a collective redress mechanism applicable to both national and cross-border case~~to ensure a greater degree of coherence between the national collective redress mechanisms, while taking due account of the EU legal tradition and the legal orders of the 27 Member States;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 8

8. Stresses that a momentum for ~~harmonis~~coordination on European level also arises since certain Member States currently consider possibilities of introducing substantial reforms concerning their collective redress schemes;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 9

9. Emphasises that ~~early settlement of disputes should be encouraged where possible, and court litigation should be viewed as the last resort~~the use of alternative dispute resolution mechanisms (ADR) must be strongly encouraged and that court litigation must be viewed as the last resort; underlines that ADR mechanisms and collective redress are complementary and not mutually exclusive, and that the introduction of collective redress will most probably boost the effectiveness of ADR schemes by acting as a "judicial threat" ;

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 11

11. Underlines that an effective collective redress system should be capable of delivering legally certain, fair and adequate outcomes within a reasonable timeframe, while respecting the rights of all parties involved; considers that the EU approach to collective redress should include the possibility to appeal the Court's decision within a specific timeframe;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 12

12. Emphasises that features which encourage a litigation culture such as punitive damages, contingency fees, th~~e absence of limitations as regards standing, and excessive damages~~ird- party financing, the lack of control over representative entities standing in court, the opt-out principle, the possibility for lawyers to canvass potential victims, and the discovery procedure for bringing evidence to court are not compatible with the European legal tradition and ~~should be avoid~~must be rejected;

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 13

13. ~~Stresses~~Insists on the fact that, in the ~~efficiency of collective redress requires a representative entity (e.g. Ombudsmen, consumer or trade associ~~case of cross-border disputes, the representative entity (public authority or authorised consumer organisations) toshould be able to ~~stand for~~represent victims from other Member States, wh~~ereas a~~o joined the collective repdres~~entative entity could be also allowed to represent victims in judicial or out-of-court proceedings~~s procedure, and should likewise be able to stand for victims joining a collective redress procedure in another Member State;

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 15 b (new)

15 b. Insists on the need to respect the loser pays principle according to which the losing party pays for the costs of the proceedings in order to avoid the proliferation of unmeritorious claims;

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Sylvana RAPTI, Wim van de CAMP, Andreas SCHWAB

Draft opinion
Paragraph 16

16. Emphasises that the provision of information about collective actions plays a major role in the accessibility and the effectiveness of the procedure as consumers need to be aware that they have been the victims of the same illegal practice and that there is a collective action launched, including in another Member State; calls on Member States to put in place efficient mechanisms ensuring that a maximum of victims are informed and made aware of their rights and obligations, in particular when those are domiciled in several Member States;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 17

17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claims;deleted

2011/07/25
Committee: IMCO

2011/2089(INI)

Philippe JUVIN, Wim van de CAMP, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Draft opinion
Paragraph 17

17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claims; suggests to the Commission to work on the possibility of creating a fund financed by a certain percentage of the fines imposed by public authorities to sanction practices infringing upon EU competition law; proposes that such fund could then be used to finance collective redress procedures when the representative entity cannot afford to bring the case to court;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 17 b (new)

17 b. Considers that, in any event, compensations cannot be used to finance collective redress procedures since only the damage actually suffered by the claimants must be compensated;

2011/07/25
Committee: IMCO

2011/2089(INI)

Draft opinion
Paragraph 18

18. Is conscious that some consumer organisations may be unable to pursue collective actions due to a lack of resources, and therefore an equitable mechanism for bearing the costs of proceedings would need to be introduced as without appropriate funding only a very limited number of cases will be taken.deleted

2011/07/25
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 5

5. Recalls its resolution of May 2010 on recent developments in public procurement, which took note of the ECJ case-law and took the view that public- public cooperation was not subject to public procurement rules as long as the following criteria were met: that the purpose of the partnership was the provision of a public-service task conferred on all the local authorities concerned and that the task was carried out solely by the public authorities concerned, i.e. without the involvement of private capital~~; underlines that those clarifications should be codified in the procurement directives;~~, and the activity involved was essentially performed on behalf of the public authorities concerned; underlines that those clarifications should be codified in the procurement directives; (The report lists individual criteria on which the Court of Justice has taken a position, but omits one of them. This amendment seeks to remedy this omission.)

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
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 contracts:~~ the most economically advantageous tender –- including the entire life-cycle ~~costs~~ of the relevant goods, services or works –- should be ~~chosen~~the most applied criterion and that the reason for application of the criterion of the lowest price should be explained in concrete cases;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 10

10. Underlines the fact that whether or not a product or service has been sustainably produced is rightly considered to be a characteristic of the product which can be used as a criterion for comparison with products or services that have not been sustainably produced; points out that the scope for including requirements regarding the production process in the technical specifications for ~~all~~ types of contracts, when relevant and proportionate, should be clarified; points to the Wienstrom case, which has become the classic example of how and why production characteristics can be categorised as technical specifications;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 10 – indent 1 (new)

- points out that taking the longer-term life cycle cost of a product into account leads to cost savings and gives economic operators more scope to come up with innovative solutions; calls for the development of standard models for calculating life cycle costs to be made available to contracting authorities and economic operators,

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 11

11. Points out that increased awareness of the environmental and climate impact of products and activities means that the possibility for public authorities to ~~favour local~~take into account, the travelling distance of the suppliers should be considered, when relevant and proportionate, and the extent to which internal market rules allow this examined;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 12

12. Emphasises that any extension of the EU procurement rules into the ‘what to buy’ area would represent a significant change to the current regime which should be carefully assessed; doubts that this would contribute to simplifying and streamlining, but fears rather that it would lead to more complicated rules with many exemptions which would be difficult to administer in practice; procurement directives are procedural guidelines (‘how’ to buy) that should not be supplemented with provisions on ‘what’ to buy;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 15

15. Advocates that negotiated procedures with prior announcement be ~~allowed as a standard procedure~~used more widely, so that contracting authorities and economic operators can communicate better and supply and demand can be coordinated effectively; takes the view that the legislation should contain sufficient guarantees to ensure equal treatment for tenderers; takes the view that further safeguards against abuse should be introduced in the form of requirements for written documentation; urges the Commission to include more flexible provisions for framework agreements in the directives;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 18

18. Points out that the contracting authorities should have the possibility to benefit from previous experience with a tenderer on the basis of an official evaluation report; recommends setting a time limit for exclusions, which should guarantee transparency and objectivity;deleted

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 19 – indent 1 (new)

- Asks for increasing the threshold value for services and supplies;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 19 – indent 2 (new)

- Asks for extension of the possibilities for contracting departments to examine the market in great depth in the pre-tender phase;

2011/07/26
Committee: IMCO

2011/2025(INI)

Draft opinion
Paragraph 5 a (new)

5a Calls on the Commission to take a balanced approach to the revision of Directive 95/46/EC and avoid measures that might inadvertently have a negative impact on the legitimate activities of European businesses, which might be under threat without the possibility to use and process data;

2011/03/24
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

Proposal for a directive
Recital 15

(15) There is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations, as is explicitly foreseen in the Agreement, where negotiation is allowed in all procedures. Contracting authorities should, unless otherwise provided in the legislation of the Member State concerned, be able to use a competitive procedure with negotiation as provided for in this Directive, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement ~~outcomes. This procedure~~outcomes. In particular, contracting authorities should be able to use the competitive procedure with negotiation where negotiations are needed for example due to legal and financial makeup of the contract, for example in case of complex infrastructural projects or due to the complexity of the project, for example in case of the implementation of complex ICT-projects in organisations. The competitive procedure with negotiation should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency. This will give greater leeway to contracting authorities to buy works, supplies and services perfectly adapted to their specific needs. At the same time, it should also increase cross-border trade, as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border tenders.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 20

(20) There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers, with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising procurement management. This can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as well as market access opportunities for small and medium-sized enterprises. The Commission should provide guidance to Member States and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion. Such guidance should be provided by way of implementing act.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

Proposal for a directive
Recital 27

(27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions, standards and specifications in the market place, so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator, or that disadvantage economic operators on the basis of business or development model including with regard to standards or specifications implemented in a given solution or service. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements must be considered equally by contracting authorities. To demonstrate equivalence, tenderers can be required to provide third- party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits. Contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 40

(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as research, development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.

2012/07/12
Committee: IMCO

2011/0438(COD)

Ria OOMEN-RUIJTEN, Wim van de CAMP

Proposal for a directive
Article 71 a (new)

Article 71 a In the procurement documents, the contracting authority shall stipulate that the conditions and requirements which apply to the tenderer also apply to any third parties who perform part of the contract as subcontractors.

2012/06/20
Committee: EMPL

2011/0438(COD)

Ria OOMEN-RUIJTEN, Wim van de CAMP

Proposal for a directive
Article 71 b (new)

Article 71 b In the event of circumstances as referred to in Directive 2001/23/EC, this Directive shall also apply to the purchase or other forms of acquisition of works, supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose, in the context of this Procurement Directive.

2012/06/20
Committee: EMPL

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Konstantinos POUPAKIS

Proposal for a directive
Article 2 – paragraph 1 – point 22

(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including research, development, production, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, from raw material acquisition or generation of resources to disposal, clearance and finalisation.

2012/07/12
Committee: IMCO

2011/0438(COD)

Ria OOMEN-RUIJTEN, Wim van de CAMP

Proposal for a directive
Annex XI – indent 3 a (new)

- Convention 94 on Labour Clauses in Public Contracts.

2012/06/20
Committee: EMPL

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) EUR 13260 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph 1 – point c

(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Sirpa PIETIKÄINEN

Proposal for a directive
Article 4 – paragraph 1 – point d

(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 7 a (new)

Article 7a Exclusion for goods falling under a fixed price regime This Directive shall not apply to contracts for the supply of goods or the provision of services which are subject by law to a fixed price.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Andreas SCHWAB

Proposal for a directive
Article 10 – paragraph 1 – point d

(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27 , central bank services and operations conducted with the European Financial Stability Facility, or transactions by the contracting authorities to raise money or capital;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90 %~~most of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c

(c) there is no active private participation in the controlled legal person.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 2

2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public contract.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part

3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract ~~without applying~~outside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90 %~~the majority of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c

(c) there is no active private participation in the controlled legal person.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

For the purposes of point (a), contracting authorities shall be deemed to jointly control a legal person where the following cumulative conditions are fulfilled: (a) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities; (b) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; (c) the controlled legal person does not pursue any interests which are distinct from that of the public authorities affiliated to it; (d) the controlled legal person does not draw any gains other than the reimbursement of actual costs from the public contracts with the contracting authorities.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point b

~~(b) the agreement is governed only by considerations relating to the public interest;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 4 – point c

~~(c) the participating contracting authorities do not perform on the open market more than 10 % in terms of turnover of the activities which are relevant in the context of the agreement;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP

Proposal for a directive
Article 11 – paragraph 4 – point d

(d) the agreement does not involve financial transfers between the participating contracting authorities, other than those corresponding to the reimbursement of actual costs of the works, services or supplies;deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 19 – paragraph 3 – subparagraph 3

To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross- border context, the Commission sh~~all be empowered to adopt delegated acts in accordance with Article 89 to establish the mandatory~~ould recommend use of specific technical standards, at least with regard to the use of e-submission, electronic catalogues and means for electronic authentication.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Wim van de CAMP

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

The notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a ~~private~~common interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Wim van de CAMP

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 3

For the purposes of this Article, ~~‘private~~ "common interests’' means any ~~family, emotional life, economic, political or other shared interests~~economic interest or family ties, shared with the candidates or the tenderers, including conflicting professional interests.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 a (new)

Contracting authorities need not publish a call for competition where they include in the competitive procedure with negotiation or competitive dialogue all of, and only, the tenderers which satisfy the criteria of Articles 55 to 65 and which, during the prior open or restricted procedure, have submitted tenders in accordance with the formal requirements of the tendering procedure.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part

They ~~may~~shall also provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – point e

(e) where contracting authorities justify in the call for competition that due to specific circumstances related to the nature, the legal or financial makeup or the complexity of the works, supplies or services or the risks attaching thereto, the contract cannot be awarded without prior negotiations.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5

~~Member States may decide not to transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 32 – paragraph 6 – introductory part

6. Contracting authorities shall indicate the duration of the dynamic purchasing system in the call for competition. ~~They shall notify the Commission of any change in duration, using the following standard forms:~~

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 32 – paragraph 6 – point a

~~(a) where the duration is changed without terminating the system, the form used initially for the call for competition for the dynamic purchasing system;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 32 – paragraph 6 – point b

~~(b) where the system is terminated, a contract award notice referred to in Article 48.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 40 – paragraph 3 – point b

(b) by reference to technical specifications and, in order of preference, and without discrimination as to development method, to national standards transposing European standards, European technical approvals, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or when those do not exist national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘or equivalent’;

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Wim van de CAMP, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 40 – paragraph 4

4. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process, or development or business model or method, or to trade marks, patents, types or a specific origin or production or location of production, with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘or equivalent’.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a

(a) where it is aware of any repeated violation of obligations established bywithin Union legislation in the field of social and labour law or environmental law or of the international ~~social and environmental~~labour law provisions listed in Annex XI~~. Compliance with Union legislation or with international provisions also includes compliance in an equivalent mann~~, but limited to the first tier of suppliers.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1

3. Whenever a common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2

~~A list of such legislative and~~ delegated acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – introductory part

1. ~~Contracting authorities shall require economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:~~ If, for a given contract, tenders appear to be abnormally low in relation to the service to be provided, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. Those details may relate in particular to:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a

(a) the preconomices o~~r cost charged is more than 50 % lower than the average~~f the construction method, the manufacturing prioce ~~or costs~~ ss ofr the ~~remaining tenders~~services provided;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point b

(b) the ~~price or~~technical solutions chos~~t charged is more than 20 % lower than the price or costs of the second lowest tender~~en and/or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c

(c) ~~at least five tenders have been submitted.~~the originality of the design proposed by the tenderer;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – points c a and c b (new)

(ca) compliance with the provisions relating to employment protection and terms of employment in force at the place where the contract is to be performed; (cb) the possibility of the tenderer obtaining State aid.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 2

2. WThe~~re tenders appear to be abnormally low for other reasons, contracting authorities may also request such~~ contracting authority shall verify those constituent elements by consulting the tenderer, taking account of the explanations supplied.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Wim van de CAMP, Constance LE GRIP

Proposal for a directive
Article 69 – paragraph 3

3. TWhe explanations referred to in paragraphs 1 and 2 may in particular relate to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the execution of the work or for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance, at least re a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time- limit fixed by the contracting an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection; (e) the possibility of the tenderer obtaining State aiduthority, that the aid in question was granted legally. Where the contracting authority rejects a tender in those circumstances, it shall inform the Commission thereof.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 a (new)

Article 69a Tenders comprising products originating in third countries 1. This Article shall apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries. 2. Any tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries, as determined in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code[1], exceeds 50 % of the total value of the products constituting the tender. For the purposes of this Article, software used in telecommunications network equipment shall be regarded as products. 3. Subject to the second subparagraph, where two or more tenders are equivalent in the light of the contract award criteria defined in Article 66, preference shall be given to those tenders which may not be rejected pursuant to paragraph 2. The prices of those tenders shall be considered equivalent for the purposes of this Article, if the price difference does not exceed 3 %. However, a tender shall not be preferred to another pursuant to the first subparagraph where its acceptance would oblige the contracting entity to acquire equipment having technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance, or disproportionate costs. 4. For the purposes of this Article, those third countries to which the benefit of the provisions of this Directive has been extended by a Council Decision in accordance with paragraph 1 shall not be taken into account for determining the proportion, referred to in paragraph 2, of products originating in third countries. 5. The Commission shall submit an annual report to the European Parliament and to the Council, commencing in the second half of the first year following the entry into force of this Directive, on progress made in multilateral or bilateral negotiations regarding access for Union undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of this Article in the light of such developments. [1] OJ L 302, 19.10.1992, p. 1.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Wim van de CAMP, Konstantinos POUPAKIS, Constance LE GRIP

Proposal for a directive
Article 69 b (new)

Article 69b Relations with third countries as regards works, supplies and service contracts 1. Member States shall inform the Commission of any general difficulties, in law or in fact, encountered and reported by their undertakings in securing the award of service contracts in third countries. 2. The Commission shall report to the European Parliament and to the Council before 31 December 2014, and periodically thereafter, on the opening up of service contracts in third countries and on progress in negotiations with these countries on this subject, particularly within the framework of the WTO. 3. The Commission shall endeavour, by approaching the third country concerned, to remedy any situation whereby it finds, on the basis either of the reports referred to in paragraph 2 or of other information, that, in the context of the award of service contracts, a third country: (a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; or (b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than Union undertakings. 4. Member States shall inform the Commission of any difficulties, in law or in fact, encountered and reported by their undertakings and which are due to the non-observance of the international social and environmental law provisions listed in Annex XI when these undertakings have tried to secure the award of contracts in third countries. 5. In the circumstances referred to in paragraphs 3 and 4, the Commission may at any time propose that the Council decide to suspend or restrict, over a period to be laid down in the decision, the award of service contracts to: (a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question. The Council shall act, by qualified majority, as soon as possible. The Commission may propose these measures on its own initiative or at the request of a Member State. 6. This Article shall be without prejudice to the commitments of the Union in relation to third countries ensuing from international agreements on public procurement, particularly within the framework of the WTO.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 1

~~1. Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their intention by means of a contract notice.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 2

~~awarded a public contract for the services referred to in Article 74 shall make known the results of the procurement procedure by means of a contract award notice.~~

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1

3. The notices referred to in paragraphs 1 ~~and 2~~ shall contain the information referred to in Annexes VI Part ~~H and~~ I, in accordance with the standard forms.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2

~~The Commission shall establish the standard forms. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 75 – paragraph 4

4. The notices referred to in paragraphs 1 ~~and 2~~ shall be published in accordance with Article 49.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 76

Article 76 Principles of awarding contracts 1. Member States shall put in place appropriate procedures for the award of contracts subject to this Chapter, ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question. 2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 83 – paragraph 1

In conformity with Council Directive 89/665/EEC, Member States shall ensure correct application of this Directive by effective, available and transparent mechanisms which complement the system in place for the review of decisions taken by contracting authorities.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 84

1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 2

~~The c~~Contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contracttake appropriate steps to document the progress of procurement procedures conducted by electronic means.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86

~~[...]~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 87

~~[...]~~deleted

2012/07/12
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Recital 6

(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. ~~The same applies to certain~~Equally, agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as public domain and private land lease contracts whereby the State or contracting authority or entity only establishes only general conditions ~~for their use without acquiring specific works or services.~~ and/or specific binding and legally enforceable obligations that relate to the use of the land without acquiring specific works or services, should not qualify as concessions. In the framework of these public domain and private land lease contracts, the following terms are to be considered as conditions and obligations that purely aim at regulating the use of the land: the use to which the public domain or resource is to be put (e.g. description and permissible use, obligations that aim at optimising the use, such as performance benchmarks or environmental standards), the obligations of the contracting parties regarding the maintenance of the public domain or resource, the fee or rent and the incidental charges to be paid by the tenant (including penalties for breach of contract).

2012/10/23
Committee: IMCO

2011/0437(COD)