479 Amendments of Raffaele BALDASSARRE
Amendment 28 #
2013/2182(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that OER could create opportunities for education and training institutions, teachers, students and pupils to teach and learn in innovative ways; calls on educational institutions to create an organisationfurther assess the potential benvironment in which such innovation is welcomedefits of OER and their possible integration in the respective educational systems;
Amendment 36 #
2013/2182(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the lack of differentiation in the Commission Communication between school levels as regards the deployment of new technologies and digital content for learning and teaching purposes; stresses that learners acquire different skills and competences depending on their age and that curricula and learning methods consequently vary according to the school level;
Amendment 38 #
2013/2182(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that education policies should primarily aim at assisting learners in the development of crucial cognitive and social skills; calls on the Commission to further assess the impact on learners of deploying digital devices and contents for pedagogical purposes while ensuring their physical and psychological integrity;
Amendment 52 #
2013/2182(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that ICT and OER are currently mainly used in higher education; encourages, where appropriate, their use in primary and secondary education;
Amendment 59 #
2013/2182(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that availability of and access to free high-quality and suitable online teaching material is crucial; calls on the Commission to monitor and analyse the copyright and licensing issues surrounding the use of OER;
Amendment 68 #
2013/2182(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to ensure coordinated and progressive education on internet safety in schools; recommends that complementary strategies be developed targeting parents, thereby strengthening the role of parental mediation; insists that the protection of the individual integrityphysical and psychological integrity, in particular as regards mental health, and personal data of teachers and learners using OER must be assured;
Amendment 77 #
2013/2182(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that teachers at all levels of education have a key role in facilitatingfundamental role as regards monitoring the access to, and use of, online learning materials and in making digital skills a reality for all learnerby learners and in assisting them in acquiring digital skills;
Amendment 82 #
2013/2182(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to support teachers in their professional development by offering modern curricula in their initial education, and by providing in-service training geared to help them acquire a high level of digital competenceprovide them with the necessary competences for the deployment of digitally-supported teaching methods;
Amendment 91 #
2013/2182(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that basic literacy and numeracy skills are a prerequisite for developing digital skills and using OER effectively; in this context, calls on the Commission to further assess the impact of digital and/or online learning materials on the learning performance of learners according to their age and school level;
Amendment 97 #
2013/2182(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that ICT and OER can enrichsupport the teaching and learning of foreign languages at all levels of education and training; stresses that social interaction is a prerequisite for learning a foreign language;
Amendment 117 #
2013/2182(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 126 #
2013/2182(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that digital technologies are not fully exploited in education and training across the Union; fears that this situation may lead to a further fragmentation of approaches and marketteaching and learning approaches;
Amendment 6 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make for lower prices, as well as enhancing Europe's competitiveness and contributing to economic growth and consumers' well- being, and that, in order to bring this about, the physical, statutory, and regulatory barriers to market openness and efficiency need to be removed urgently;
Amendment 28 #
2013/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that market liberalisation has not resulted in significant options or lower prices for final consumers and households; urges the Commission to take steps to improve transparency, information, and freedom of consumer choice, responsiveness to customer needs through marketing innovation and to protect vulnerable consumers; advocates support for new arrangements making for effective dispute resolution and restoring the balance of bargaining power between final consumers and suppliers.
Amendment 64 #
2013/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
A trade mark may consist of any signs, in particular words, including personal names, designs, models, motifs, devices, logos, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that such signs are capable of:
Amendment 80 #
2013/0088(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Trademarks must confer on their proprietors exclusive rights which must be protected in the course of trade. In this connection ‘the course of trade’ should be understood as covering all trade-related operations, including import, export, production, transit and trans-shipment, taking place on EU territory, even where the products concerned are not intended for release onto the EU market.
Amendment 88 #
2013/0088(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark. When carrying out checks, customs authorities must make use of the powers and procedures laid down in EU legislation regarding customs enforcement of intellectual property rights.
Amendment 100 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 207/2009
Article 4 – introductory part
Article 4 – introductory part
A European trade mark may consist of any signs, in particular words, including personal names, designs, models, motifs, devices, logos, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that such signs are capable of
Amendment 111 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) importing or exportproducing or entering for a suspensive procedure, importing or exporting, re-exporting or trans-shipping the goods under that sign;
Amendment 116 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The proprietor of a European trade mark shall also be entitled to prevent the importing into the European Union of goods referred to in paragraph 3(c) where only the consignor of the goods acts forin the context of commercial purposesactivity.
Amendment 120 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without beingtheir being intended for released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical or similar to the European trade mark registered in respect of such goods in accordance with paragraph 2, points (a), (b) and (c) of this article, or which cannot be distinguished in its essential aspects from that trade mark.'; The customs authorities shall, inter alia on a complaint from the right holder, carry out appropriate checks based on risk analysis criteria on goods in transit through the territory of the Union on their way to a third country which are suspected of infringing an intellectual property right for which protection has been sought.
Amendment 94 #
2013/0049(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say verifying the indication on the product or on its packaging of the name, model name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification of the product.
Amendment 114 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) which are likely, under reasonably foreseeable conditions, to be used by consumers even if not directly intended for them; products are not likely to be used by consumers if they are intended, under reasonably foreseeable conditions, for the exclusive use by professionals and explicitly labelled and presented as such;
Amendment 131 #
2013/0049(COD)
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘safe product’' means any product which is compliant with Union harmonisation legislation for health and safety. In the case of absence of such legislation it means any products which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of the use and, where applicable, its putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
Amendment 135 #
2013/0049(COD)
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) ‘product model’ means products regarded as distinctive in so far as their essential characteristics are identical or similar and where any differences between them have no impact on their level of safety unless otherwise shown by the manufacturer or importer;
Amendment 172 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 179 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 210 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, manufacturers shall, to protect the health and safety of consumers, carry out representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring.
Amendment 211 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. When the products made available on the market are or have been subject to a decision by the Commission on the basis of article 12 of [Regulation on market surveillance of products], manufacturers, or when appropriate importers, shall, to protect the health and safety of consumers, carry out at least once a year representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by each Member State.
Amendment 226 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market,ensure that the technical documentation cand be makde it available to the market surveillance authorities, upon request. for a period of ten years after the product has been placed on the market
Amendment 234 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Manufacturers of products that are subject of a decision by the Commission under Article 12 of the Regulation on the market surveillance of products [XREFX], shall draw up a list of product models, accompanied by a photograph, and make it available to the public and other economic operators by any appropriate means, in particular for products The manufacturer shall provide the market surveillance authorities, upon request, as well as any economic operator to whom he distributes his products, with evidence supporting the existence of different essential characteristics between its models within the meaning of the definition given in Article 3(2) of this Regulation.
Amendment 252 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken and of the results of such corrective action.
Amendment 261 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the labelnot obscure any compulsory information or safety-related information provided by the manufacturer.
Amendment 274 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken, and of the results of such corrective action.
Amendment 277 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers shall keep, for a period of ten years after the product has been placed on the market,ensure that the technical documentation cand be makde it available to the market surveillance authorities, upon request. for a period of ten years after the product has been placed on the market
Amendment 286 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirementsproduct carries the required information, set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 291 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Depending on the risks that a product is likely to pose, distributors may, in order to protect the health and safety of consumers, test products made available on the market, taking random samples.
Amendment 298 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall immediately make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken and of the results of such corrective action.
Amendment 310 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Obligation to inform the market surveillance authorities in accordance with Article 8(9), Article 10(2) and (7) and Article 11(3) and (5) shall not apply in the case of minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons in accordance with Article 3, paragraph 1, or where the following conditions are fulfilled:
Amendment 336 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1. The Commission shall state in the delegated acts concerned if it has used the risk analysis methodology provided for in Decision 2010/15/EU or, if this method is not appropriate for the product concerned, it shall give a detailed description of the method used;
Amendment 350 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the gravity of the infringement, the turnover and size of the undertakings and in particular to the situation of small and medium-sized enterprises, as well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator responsible for first placing the product on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 110 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a safety risk’' means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 113 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 116 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 d (new)
Article 3 – paragraph 1 – point 13 d (new)
(13d) 'product presenting an emerging risk' means a product which is not subject to EU harmonised legislation and on which there is solid scientific evidence that it presents a newly developing risk or a known risk if it is sold for use in new or unfamiliar conditions not foreseen by the manufacturer.
Amendment 125 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk, and products that are not compliant with the applicable Union legislation are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product. and to put an end to its non-compliance
Amendment 193 #
2013/0048(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 195 #
2013/0048(COD)
Proposal for a regulation
Article 8 c (new)
Article 8 c (new)
Article 8c General Obligations of the single authorised representatives For the purposes of market surveillance, the single authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The obligations laid down in Article [8a first paragraph – General Obligations of the Manufacturer] and the drawing up of technical documentation shall not form part of the single authorised representative’s mandate. The mandate shall allow the single authorised representative to do at least the following: (a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities. (b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product subject to Union harmonisation legislation; (c) cooperate with the competent national authorities at their request, on any action taken to eliminate the risks posed by the products covered by their mandate.
Amendment 197 #
2013/0048(COD)
Proposal for a regulation
Article 8 e (new)
Article 8 e (new)
Article 8e General Obligations of importers 1. Importers shall place on the market only compliant and safe products. 2. Before placing a product on the market, importers shall ensure that the manufacturer has drawn up the technical documentation, that the product bears the required marking and is accompanied by the required documents. 3. Where importers consider or have reason to believe that a product is not in conformity with relevant EU legislation, they shall not place it on the market. Furthermore, where they consider or have reason to believe that the product presents a serious risk, they shall inform the manufacturer and the market surveillance authorities. For type-approved products, they shall also inform the approval authority that has granted the approval to that effect.
Amendment 199 #
2013/0048(COD)
Proposal for a regulation
Article 8 g (new)
Article 8 g (new)
Article 8g General Obligations of distributors 1. When making a product available on the market, distributors shall act with due care in relation to the requirements set out in the Union legislation. Before making a product available on the market, distributors shall verify that it bears the required statutory marking or type-approval mark, where applicable, and that it is accompanied by the required documents demonstrating compliance, including labelling information where applicable, and by instructions and safety information in the official language or languages of the Member State in which the product is to be made available on the market. 2. Distributors shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracing of the product.
Amendment 206 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk and may be non-compliant with the applicable Union legislation, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13.
Amendment 4 #
2012/2322(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that online gambling is a special kind of economic activity, to which internal market rules, namely freedom of establishment and freedom to provide services, cannot fully apply; highlights the fact that the Member States have the right to regulate and control their gambling markets in accordance with European internal market legislationthe principles of the EU Treaties and the case-law of the CJEU;
Amendment 7 #
2012/2322(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to take action against illegal gambling offered from within Member State territories; urges the Commission, in this regard, to call on Member States to take enforcement measures against offers for illegal gambling in its planned recommendations on consumer protection and advertising;
Amendment 29 #
2012/2322(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discrehave full competence and are in the best position to regulate online gambling in accordance with their own values and pursued objectives of general interest and in keeping with the principles laid down in the Treaties;
Amendment 66 #
2012/2322(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match fixing, as well as the need to combat illegal gambling-related activities, are issues that require coordinated action at EU level;
Amendment 100 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level and to take steps to combat the supply of illegal online gambling services, while observing the basic EU Treaty principles;
Amendment 157 #
2012/2322(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the risks associated with a general prohibition of online gambling services and with excessive restrictions for consumers; cCalls on the Commission and the Member States to weigh, as part of the work of the group of experts on gambling services, the social costs of permitting regulated gambling activities against the harmful effects of consumers resorting to illicit markets;
Amendment 260 #
2012/2322(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to continue to explore measuresthe possibilities for action at the EU level to protect vulnerable consumers, including formalised cooperation between regulators, and the introduction of an online trustmark for legal operators;
Amendment 275 #
2012/2322(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Believes that gambling advertising often paints a distorted, misleading picture and can result in unhealthy or harmful behaviour; takes the view, therefore, that such advertising needs to be more responsible and should be regulated in order to mitigate its most damaging effects, which are felt first and foremost by the most vulnerable sections of society;
Amendment 289 #
2012/2322(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes that the nature of online gambling and its easy accessibility may make it more difficult for players to realise how much they are losing, and accordingly considers that strict limits should be placed on deposits and spending;
Amendment 307 #
2012/2322(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Believes that a special effort needs to be made to protect minors and that rules on checking the age and identity of players should be introduced, so as to make it impossible for minors to access online gambling services;
Amendment 314 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)1an assessment of all self- regulation schemes currently in place could serve as a basis for identifying the content of common standards;
Amendment 328 #
2012/2322(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that common standards for online gamblingthe recommendations on online gambling shortly to be issued by the Commission should address the rights and obligations of both the service provider and the consumer, including by means ofas well as action to combat the supply of illegal online gambling services, and should include measures to ensure a high level of protection for players, particularly minors and other vulnerable persons, and the prevention ofto ban advertising by unauthorised operators and to guard against misleading advertisements;
Amendment 364 #
2012/2322(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that steps should be taken to bring national tax regimes for gambling services into line with one other, in order to prevent disproportionate tax concessions from fostering the proliferation and concentration of online gambling services;
Amendment 380 #
2012/2322(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes there to be a risk of online gambling being used as a means of laundering money and accordingly takes the view that the scope of the directive on prevention of the use of the financial system for the purpose of money laundering should be extended to cover all forms of gambling, including online gambling;
Amendment 13 #
2012/2321(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that cooperatives have proved themselves to be even more resilient in times of crisis than many conventional enterprises and notes that there is considerable evidence of this resilience, particularly in relation to cooperative banks and industrial and service cooperatives (worker cooperatives, social cooperatives and cooperatives formed by SMEs); in this regard, highlights the strategic role of cooperatives formed by SMEs, which can enable collective problems to be resolved and economies of scale developed;
Amendment 16 #
2012/2321(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that cooperatives can effectively promote entrepreneurship on a micro-economic scale, at times of recession, as they allow small business owners, often groups of citizens, to take on business responsibilities; in this regard, supports the development of cooperatives in the social and welfare sectors, to ensure greater social participation for vulnerable groups;
Amendment 62 #
2012/2321(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the importance of drawing up regulatory measures within a robust legal framework and in line with international standards, in order to avoid disparate national interpretations and any risk of competitive advantages or disadvantages emerging at regional, national or macroregional level;
Amendment 74 #
2012/2321(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that, very often, the problem encountered in business transfers to employees is not only a question of length of the relevant procedures but also, and even more importantly, of lack of knowledge about this business scenario amongst relevant professionals (e.g. lawyers and accountants) and within the legal system; stresses that training and awareness-raising would greatly contribute to promoting this practice; believes, furthermore, that better knowledge about cooperatives should also be promoted and supported financially, also through a targeted, intelligent use of the Structural Funds, amongst trade unions and bodies tasked with providing information on the creation or transfer of businesses;
Amendment 85 #
2012/2321(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to draw up a comprehensive survey comparing national laws which promote the conversion of businesses into cooperatives, in particular provisions concerning takeovers, bankruptcies, financing arrangements, business support bodies and the setting up of clusters of cooperatives; to that end, calls on the Commission to consider developing a database that organically collects cases and information on restructuring in the form of cooperatives, to enable good practices to be circulated and consistent data collected;
Amendment 89 #
2012/2321(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to encourage and support the creation of clusters of cooperatives, which, through a multi-stakeholder approach, can meet a wider range of interests than traditional cooperatives or corporations, by facilitating cooperation between workers, consumers, authorities and local businesses;
Amendment 114 #
2012/2321(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes also that Member States should take steps to make it easier for cooperatives to gain access to the whole range of business support services, since this will help them further to contribute to sustainable growth; in this regard, urges Member States to introduce measures to facilitate the access of cooperatives to credit, particularly with regard to cooperatives of artisans and cooperation networks formed by micro-enterprises;
Amendment 16 #
2012/2144(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the directive seeks to regulate an extremely broad range of services and occupational and business categories, many of which differ greatly from one Member State to another;
Amendment 20 #
2012/2144(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas businesses, in particular SMEs, are still having to comply with an extensive range of administrative and bureaucratic requirements which are a heavy burden for them, particularly when taken together with the difficulties they face in gaining access to credit;
Amendment 42 #
2012/2144(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the Services Directive does not force liberalisation but should paves the way for both business and consumers to grasp the full potential of our single market;
Amendment 73 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the diversity of national standards is causing fragmentation and giving rise to problems of interpretation for many occupational and business groups; encourages the development of voluntary European standards for services to improve cross-border comparability;
Amendment 84 #
2012/2144(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service- provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to foster the delegation of administrative tasks to officially accredited private bodies; calls on Member States to ensure full interoperability of their PSCs and make them known across borders; calls on the Commission to set out clear benchmarking criteria for the evaluation of PSCs and to regularly report to Parliament on progress made;
Amendment 105 #
2012/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the fact that overriding reasons of public interest are too often invoked in a way that damages the internal market for services; regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance toguidelines for the Member States on how to apply it;
Amendment 111 #
2012/2144(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the Commission’s zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensure full enforcement of existing rules, in dialogue with Member States and the relevant occupational and business groups; calls for fast-track infringement procedures to be applied whenever breaches of the directive are identified;
Amendment 122 #
2012/2144(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges stakeholders, the business community and social partners to play their part in holding governments to account for revitalisthe Commission and the Member States, in view of the current economic crisis, to pay greater attention to the requests made by business communities, occupational groups and social partners, with a view to ensuring that those requests, wherever justifiable, are taken into account when implementing the Europearules on services sector and creating stable job, with the primary aim of maintaining current employment levels and opening up new employment opportunities;
Amendment 125 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Points to the importance of the Service Directive and to its close interaction with the Professional Qualifications Directive, and accordingly calls on the Commission and the Member States, in conjunction with European Committee for Standardisation (CEN), to ensure that uniform terminology that is clear and acceptable to all Member States and all of the many occupational categories is used, in order to help make sure that the rules are applied consistently throughout the EU;
Amendment 126 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Points out that, in regulating specific economic activities, the Services Directive emphasises the need to enable the provider not only to recoup investment costs but also to make a fair return on the capital invested;
Amendment 127 #
2012/2144(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Calls on the Commission to take a pragmatic look at the issue of transitional provisions, taking proper account of the specific characteristics of individual occupations and national circumstances, with a view to supporting business and maintaining employment levels;
Amendment 1 #
2012/2134(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s action plan to improve access to finance onfor SMEs, in particular with regard to improving the European regulatory framework for venture capital; stresses the need for solutions that cater for the special needs of SMEs and which support their development in a manner reflecting their size, turnover and credit requirements;
Amendment 7 #
2012/2134(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the lack of legal coherence in the EU with regard to these new means of funding and calls on the Commission to consider the main differences within Member States and to provide guidance and a legislative framework for these new means of finance, which can also provide high growth and job-creating potential;
Amendment 9 #
2012/2134(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Invites the Commission to continue applying the SME Test and the ‘Think Small First’ principle and to carry out impact assessments on all legislative proposals, in particular those of a financial nature, ensuring in the process that all possible issues applicable to SMEs can be dealt with at an early stagethat all options are duly assessed, and to take these into consideration in order to minimise the impact on SMEs in furtherwhen legislative proposals are draftsed, as well as to provide an explanation as to why the legislation does or does not apply to SMEfor any exemptions;
Amendment 12 #
2012/2134(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. CPoints out that the difficulties small and medium-sized enterprises experience in accessing credit often stem from their not knowing about the instruments available to them; calls for the Commission to ensure that Member States provide SMEs with greater support, education and training with regard to funding issues and to consider cooperating more closely with SME representative bodies to develop this training;
Amendment 14 #
2012/2134(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Commission’s initiative of strongly encouraging Member States to accelerate the implementation of the Late Payments Directive as such late payments are extremely detrimental to SMEs’ financial planning and are often the root cause of their bankruptcy; in this connection, calls on the Commission to carefully assess the payment by public authorities of the credit they have received;
Amendment 16 #
2012/2134(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to design specific financing strategies for business networks and consortia formed by small and medium-sized enterprises;
Amendment 9 #
2012/2098(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges the importance and the potential of CSR Europe’s Enterprise 2020 initiative, which can play a substantial role in strengthening the link between CSR and competitiveness by fostering the dissemination of best practice; calls on the Commission and the Member States to foster greater synergies as regards the aim of pursuing policies and initiatives to promote social innovation and job creation; urges the Commission to support the efforts of the CSR Europe network seeking first and foremost to strengthen cooperation between business and Member States so as to lay the foundations for national action plans and the dissemination of best practice;
Amendment 29 #
2012/2098(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Draws attention to the special features of SMEs, which mainly operate at local and regional level inside specific sectors; considers it essential, therefore, for Union CSR policies, including national CSR action plans, to take proper account of the specific requirements of SMEs and, to be in keeping with the ‘think small first’ principle, and to recognise the informal, intuitive SME approach to CSR;
Amendment 33 #
2012/2098(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on public authorities to providethe Member States and regional authorities to make smart use of cohesion funding with a view to support foring CSR promotional activities carried out by SME intermediary organisations, inter alia through smart, targeted use of structurtaking their cue from, for example, the main German programme co-financed by the European Social fFunding;
Amendment 34 #
2012/2098(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to set up a database for systematic, in collaboration with Member States, SME intermediary organisations, and other stakeholders, to devise strategies and measures to help SMEs pool best CSR practice, for instance by means of a database for collection of information on CSR policies implemented by SMEs, with details of projects carried out in the various Member States, with a view to promoting the pooling of best practice;
Amendment 37 #
2012/2098(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to hold broad consultations with a view to laying down CSR strategies forand the Member States to devise development and support strategies aimed at disseminating CSR among SMEs; recommends, in particular, that specific measures should be drawn up for small and micro-enterprises;
Amendment 89 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 90 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When an insurance service or product is offered together with another service or product as a package, the insurance undertaking or, where applicable, the insurance intermediary shall offer and inform the customer thatwhether it is possible to buy the components of the package separately and. At the request of the customer, the insurance undertaking or, where applicable, the insurance intermediary, shall provide information of the costs and charges of each component of the package that may be bought through or from it separately.
Amendment 91 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 107 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 115 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 104 #
2011/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. DeplorRecognises that advertising for food with high fat, salt and sugar content is aimed at children and young people, who increasingly suffer the consequences of sedentariness and obesity;should be restricted; recognises and encourages industry initiatives to do so, such as the EU Pledge; and calls on the actors involved to educate and inform minors about the importance of a balanced diet; and of an active, healthy lifestyle
Amendment 23 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 1 – paragraph 1 a (new)
Annex I – Article 1 – paragraph 1 a (new)
Amendment 24 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 1 – paragraph 1 b (new)
Annex I – Article 1 – paragraph 1 b (new)
1b. Members may not be elected as office- holders of Parliament or one of its bodies, appointed as rapporteur, or participate in an official delegation, if they have not submitted their declaration of financial interests.
Amendment 25 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 2 – paragraph 2
Annex I – Article 2 – paragraph 2
Members of Parliament shall refrain from accepting any gifts or similar benefits in the performance of their duties. , except those with a very limited value given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Amendment 26 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 2 – point c a (new)
Annex I – Article 2 – point c a (new)
(ca) any remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person,
Amendment 27 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 2 – point c b (new)
Annex I – Article 2 – point c b (new)
Amendment 29 #
2011/2174(REG)
Parliament's Rules of Procedure
Annex I – Article 4 a (new)
Annex I – Article 4 a (new)
Article 4a Former Members who engage in professional lobbying or representational activities directly linked to the European Union decision-making process may not benefit from the facilities granted to former Members under Article 1(d) of the Bureau decision to that effect1. __________________ 1 Bureau Decision of 12 April 1999.
Amendment 97 #
2011/2157(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that full and effective respect for the freedom of religion (at individual, collective, public, private and institutional level) should be identified as a priority, particularly for all religious minorities present in the region, together with the need to provide specific assistance for these groups;
Amendment 2 #
2011/2117(INI)
Motion for a resolution
Recital C
Recital C
C. whereas alternative dispute resolution (ADR), which helps parties avoid traditional adjudicative procedures, usually by calling upon a neutral third party, is capable of constituting a quick and cost- effective alternative to litigation, in particular online,
Amendment 3 #
2011/2117(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in many countries the public authorities – including ombudsmen and regulatory authorities – play an important role in encouraging the resolution of disputes,
Amendment 4 #
2011/2117(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a balanced approach has to be sought which takes into consideration both the flexibility of ADR systems on the one hand and the need to ensure consumer protection and fair procedures on the other,
Amendment 6 #
2011/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes, however, that ADR forms part of a general ‘justice-for-growth’ agenda across sectors; takes the view that any approach to ADR should go beyond consumer disputes so as to include business-to-business (B2B) civil and commercial transactions, irrespective of whether they are carried out between private or public undertakings, family disputes and defamation cases;
Amendment 11 #
2011/2117(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need for better understanding of the many different types of mechanism and processes (including the activities of public authorities such as ombudsmen) that are often collectively referred to as ADR; considers that while there is considerable commonality between the techniques of negotiation and dispute facilitation that are commonly to be found in ADR systems, nevertheless the structure and architecture of ADR differs considerably between Member States;
Amendment 12 #
2011/2117(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that ADR standards should include: adherence to/agreement on ADR; independencetransparency, effectiveness, fairness, impartiality and confidentiality; effects on limitation and prescription; enforceability of agreements resulting from ADR; in cases where ADR involves the formal use of independent parties, qualification of such third parties;
Amendment 18 #
2011/2117(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. In order not to prejudice access to justice, counsels caution in making recourse to ADR mandatory at EU level, whilst advocating voluntary adherence to ADR schemes by businesses and systems of self-imposed commitments by the industry through association and business organisations;
Amendment 19 #
2011/2117(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 20 #
2011/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. ConsiderStresses that any ADR clause should not hamper access to justice, in particular on the part of the weaker party, which, in certain circumstances, may also be an SME, and considers, to this extent, that ADR decisions should be binding, if so explicitly agreed by all parties involved;
Amendment 22 #
2011/2117(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for an obligation for the parties involved and, where appropriate, a third party, as contained in the Code of Conduct, to keep ADR information confidential; is also considering, where applicable, more far-reaching measures, such as creating a professional privilege, in parallel with that provided for in Article 7 of Directive 2008/52/EC;
Amendment 27 #
2011/2117(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the achievements of FIN-NET, and ECC-Net but believes that, as regards information to parties and funding, there is still room for improvement; considers that they are the bodies most able to compare all ADR practices within Member States; suggests, to this extent, that the ECC-Net and FIN- NET should be the exclusive cross-border reference points; stresses the need of a formal link between national competent authorities and the ECC-Net and FIN- NET;
Amendment 29 #
2011/2117(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Sees great potential for online ADR, in particular for smaller claims; notes that traditional ADR procedures exist online alongside others that seek to prevent disputes or to facilitate their resolution; calls on the Commission to evaluate establishing a single virtual pan-EU ADR facility as an alternative, operating to the same standards, provided there is evidence of need and it would not undermine the existing cross-border mechanisms; emphasises that, where traditional ADR is carried out online, procedural standards should not be lowered, and that issues such as the enforceability of awards should also be resolved; sees a particular benefit in online trustmark systems; points to the work of the UNICTRAL Working Group on Online Dispute Resolution*1, intended for B2B and business-to-consumer (B2C) transactions;
Amendment 32 #
2011/2117(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that, especially online, a ‘hierarchy’ of settlement – comprising, firstly, an in- house complaint scheme, secondly, ADR and, only as last resort, litigation – will reduce time and cost; calls upon the Commission to assist the sectors in promoting such systems;
Amendment 35 #
2011/2117(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Sees potential fortresses the significance of ADR, within the ongoing discussion on collective redress, in particular as a preliminary stage to any collective redress action; sees potential for ADR as a viable alternative to often complex, lengthy and costly in- court-proceedings, underlines that ADR schemes are cheaper, quicker and more informal offering a tailored practical solution which makes them attractive for consumers but also for businesses seeking remedy; and encourages the Commission to explore this issue thoroughly;
Amendment 41 #
2011/2088(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges Member States, assisted by the Commission, to act effectively to record the phenomenon of NEET and tackle it;
Amendment 62 #
2011/2088(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges Member States, in exchanging best practices, given the multidimensional nature of education, to strengthen its practical dimension at every level in order effectively to combat early school leaving;
Amendment 103 #
2011/2088(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the need for members of the educational community, in collaboration with pupils' parents and academic specialists, to take action and launch initiatives with a view to drastically reducing intimidation, violence and social and race-based racism at school, which lead to the marginalization of pupils, thereby creating the conditions for early school leaving;
Amendment 104 #
2011/2088(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges Member States to spread the institution of second-chance schools, both strengthening the content of their curricula and their material and technical equipment, and boosting the capacity of the teaching staff available, given that these schools are emerging as an important tool for the reintegration of persons who have slipped through the meshes of the formal educational system;
Amendment 105 #
2011/2088(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Highlights the need to upgrade the skills provided in technical vocational training and more effectively to match the specializations offered with labour market requirements, since linking education and employment is an integral part of tackling early school leaving;
Amendment 6 #
2011/2048(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that public procurement is a key market based instrument which plays a role in fostering sustainable employment and working conditions and can make an important contribution towards meeting the Europe 2020 targets; stresses, furthermore, the important role that public procurement can play in promoting a European social model based on quality jobs, equal opportunities, non- discrimination and social inclusion;
Amendment 25 #
2011/2048(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises that contracting authorities have an important role in using their purchasing power to procure goods and services with higher ‘societal’ value; calls, accordingly, on contracting authorities to assess the social risks and the impact of their own activities and of the supply chain; calls on the Commission to foster the development of contact points for environmentally responsible public procurement within the individual Member States, with a view to developing socially responsible procurement practices and providing stakeholders with specialised legal advice;
Amendment 29 #
2011/2048(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to encourage contracting authorities and relevant agencies at national level to involve socio- economic and voluntary organisations more closely in the initial design of procurement procedures, with a view to ensuring that greater account is taken of societal issues during the process of drawing up tender documents;
Amendment 31 #
2011/2048(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of closer cooperation and better communication between all stakeholders, with a view to promoting responsible and socially sustainable cooperation between purchasers and suppliers; calls on the Commission to step up information and communication campaigns on the benefits afforded by socially responsible procurement through the dissemination of good practice across the Member States;
Amendment 35 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of incluestablishing demanding skills and training requirements infor both contract specificing authorities and individual operators, with a view to ensuring the optimum operations as a long term strategynd harmonious development of the internal market in procurement; stresses however, that these actions must be relevant to the subject matter of the contract, be proportionate, economically advantageous and take into account the total life cost;
Amendment 55 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that a change in procurement practices should seek to simplify procurement rules and thus facilitate socially innovativsustainable public procurement, with a view to promoting innovation, environment friendliness, action to combat climate change, lower energy consumption and better job opportunities;
Amendment 72 #
2011/2048(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognises the role the EU can play in facilitating the development of successful Public Private Partnerships; points, nonetheless, to the major disparities between Member States in terms of the legal and procedural requirements applying in this area; calls, accordingly, on the Commission to clarify the concept of public-private partnerships, in particular as regards how the parties will bear shared risks and meet their financial obligations;
Amendment 78 #
2011/2048(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers1assess actual implementation of Article 1(4) of Directive 96/71/EC concerning the posting of workers and its impact on access to the EU procurement market by companies from non-EU countries;
Amendment 21 #
2011/0455(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Recruitment should ensure that staff are employed according to the broadest geographical basis from among the nationals of all Member States of the European Union. To that end, the Commission should regularly report to the European Parliament and to the Council on possible imbalances between nationalities among officials. After a period of five years starting from 1 January 2013, corrective measures should be adopted in order to respond to the persistence of significant imbalances between nationalities. Those corrective measures should never result in recruitment criteria other than those based on merit.
Amendment 23 #
2011/0455(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In the interest of guaranteeing that the purchasing power of European Union officials and other servants develop in parallel with that of national civil servants in central governments of the Member States, it is essential to preserve the principle of a multi-annual mechanism for pay, known as ‘the method’, by extending its application until the end of 2022 with a review at the end of the fifth year. The discrepancy between the mechanism of the method which has always been administrative in nature and the adoption by the Council alone of the result of the method led to difficulties in the past and is not in line with the Treaty of Lisbon. It is therefore appropriate to let the legislators decide in adopting these amendments to the Staff Regulations upon a method that would update annually all salaries, pensions and allowances in an automatic manner. This update will be based upon the political decisions taken by each Member States for salary adjustment of its civil servants at the national level.
Amendment 25 #
2011/0455(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 47 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Article 27 Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State. TheDuring a five-year perinciple of the equality of Union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significantod starting on 1 January 2013, the Commission shall regularly assess the implementation of paragraph 1 and report to the European Parliament and to the Council on possible imbalances between nationalities among officials which is not justified by objective criteria. T. Following the expiry of the period referred in the second paragraph, corrective measures shall never result in recruitment criteria other than those based on meritbe adopted in accordance with the procedure laid down in Article 110b. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110. After a five-year period starting on 1 January 2013, tin accordance with Article 110. These corrective measures shall never result in recruitment criteria other than those based on merit. The Commission shall report to the European Parliament and to the Council every two years on the implementation of the precedingthird paragraph. of this Article.
Amendment 59 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Staff Regulations
Article 34
Article 34
Amendment 60 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Staff Regulations
Article 37
Article 37
12. In the second indent of point (b) of Article 37, the word 'institutions' shall be replaced by 'appointing authorities of the institutionsArticle 37 shall be replaced by the following: 'Article 37 An official on secondment is an established official who, by decision of the appointing authority: (a) has been directed in the interests of the service: – to serve temporarily in a post outside his institution; or – to assist temporarily a person holding an office provided for in the Treaties or the elected President of one of the institutions or organs of the Union, or one of the political groups in the European Parliament or the Committee of the Regions, or a group in the European Economic and Social Committee; or (b) has been placed temporarily at the disposal of another of the institutions of the European Union; or (c) has been directed to serve temporarily in a post which is included in the list of posts financed from the research and investment appropriations and which the budgetary authorities have classified as temporary. An official may, at his own request, and provided there is no overriding interest of the service, be placed temporarily at the disposal: – of a public administration of a Member state; – of an organisation devoted to furthering the Union's interests and included on a list to be drawn up by agreement between the institutions of the Union after consulting the Staff Regulations Committee. An official on secondment shall continue to enjoy all his rights under the conditions provided in Articles 38 and 39 and shall remain subject to all his obligations as an official of his parent institution. Subject to the provisions of the third paragraph of Article 77 concerning pension, however, the provisions which apply to the official during the secondment referred to in the second indent of (a) in the first paragraph shall be those applicable to an official of the same grade as that assigned to him in the post to which he is seconded. Any official in active employment or on leave on personal grounds may apply for, or be offered, secondment in the interests of the service. Once the official is seconded, the leave on personal grounds shall be terminated.';
Amendment 62 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 12 b(new)
Article 1 – point 12 b(new)
Staff Regulations
Article 38
Article 38
12b. Article 38 shall be replaced by the following: 'Article 38 Secondment in the interests of the service shall be governed by the following rules: (a) the decision on secondment shall be taken by the appointing authority after hearing the official concerned; (b) the duration of secondment shall be determined by the appointing authority and may be terminated at any moment in the interests of the service; (c) at the end of every six months, the official concerned may request that his secondment be terminated; (d) an official on secondment pursuant to the first indent of Article 37(a) shall be entitled to a salary differential where the total remuneration carried by the post to which he is seconded is less than that carried by his grade and step in his parent institution; he shall likewise be entitled to reimbursement of all additional expenses entailed by his secondment; (e) an official on secondment pursuant to the first indent of Article 37 (a) shall continue to pay pension contributions based on the salary for active employment carried by his grade and step in his parent institution; (f) an official on secondment shall retain his post, his right to advancement to a higher step and his eligibility for promotion; (g) when his secondment ends an official shall at once be reinstated in the post formerly occupied by him. An official on secondment by decision of the appointing authority in the interests of the service pursuant to point (a) or point (b) of Article 37 shall retain the grade and step that he acquired during secondment.';
Amendment 65 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 12 d (new)
Article 1 – point 12 d (new)
Staff Regulations
Article 40 – paragraph 2
Article 40 – paragraph 2
12d. Article 40(2) shall be replaced by the following: '2. Without prejudice to the provisions of Article 15, the duration of such leave shall not exceed one year. The leave referred to in the first subparagraph may be extended for further periods. The total period of leave shall not exceed two consecutive years. The total length of leave on personal grounds shall not exceed six years in the course of the official's entire career. If, however, an official applies for such leave in order to be able: (i) to bring up a child considered as a dependant of the official within the meaning of Article 2(2) of Annex VII and who suffers from a serious mental or physical handicap recognised by the medical officer of the institution and who requires constant care or supervision; or (ii) to follow his spouse, the latter also being an official or other servant of the Union required in the course of his duties to establish his habitual residence at such a distance from the place of employment of the applicant official that the establishment of their conjugal home in such a place would inconvenience the applicant official in the performance of his duties, the leave may be extended without limits, provided that, at the time of each extension, the conditions which warranted the grant of the leave continue to be fulfilled; or (iii) to fulfil a mandate for which he has been elected; or (iv) to assist his spouse, relative in the ascending line, relative in the descending line, brother or sister in any of the cases referred in Article 42b, the leave may be extended without limits, provided that at the time of each extension, the conditions which warranted the grant of the leave continue to be fulfilled.';
Amendment 67 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Staff Regulations
Article 43
Article 43
14. Article 43 shall be amended as follows: (a) In the first sentence of the first paragraph, the words ‘each institution’ shall be replaced by ‘the appointing authority of each institution’; (b) In the second sentence of the first paragraph, the words ‘Each replaced by the following: 'Article 43 The ability, efficiency and conduct in the service of each official shall be the subject of an annual report. The appointing authority of each institution shall lay down, in accordance with Article 110, the rules for those annual reports. Those rules shall provide for the following levels of performance of the official: (a) outstanding performance; (b) fully satisfactory performance; (c) satisfactory performance; (d) unsatisfactory performance, and shall also provide that annual reports are to be based on a transparent, readily understandable system and on the assessment of two hierarchical superiors. The appointing authority of each institution shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before lodging a complaint as referred to in Article 90(2). As of grade 5, for officials in function group AST, the report may also contain an opinion as to whether, on the basis of performance, he has the potential to carry out an administitution’ shall be replaced by ‘The appointing authority of each institution’; rator's function. The report shall be communicated to the official. He shall be entitled to make any comments thereon which he considers relevant.
Amendment 69 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 14 a (new)
Article 1 – point 14 a (new)
Staff Regulations
Article 44 – paragraph 1
Article 44 – paragraph 1
14a. Article 44(1) shall be replaced by the following: 'An official who has been at one step in his grade for two years shall automatically advance to the next step in that grade, unless his performance has been evaluated as unsatisfactory pursuant to the last annual report as referred to in Article 43. An official shall advance to the next step in his grade after no more than four years, unless the procedure laid down in Article 51(1) is applied.';
Amendment 72 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 14 b (new)
Article 1 – point 14 b (new)
Staff Regulations
Article 44 – paragraph 2
Article 44 – paragraph 2
14b. Article 44(2) shall be replaced by the following: 'If an official is appointed head of unit, director or director-general in the same grade, and provided that he has performed his new duties at least fully satisfactorily pursuant to the performance evaluation referred to in Article 43 during the first nine months, he shall retroactively benefit from advancement by one step in that grade at the time the appointment comes into effect.';
Amendment 73 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Staff Regulations
Article 45 – paragraph 1
Article 45 – paragraph 1
(a) In pParagraph 1, the following sentence shall be inserted after the second sentence: 'Unless the procedure laid down in Articles 4 and 29(1) is applied, officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in Annex I, Section A, for the next higher grade shall be replaced by the following: '1. Promotion shall be by decision of the Appointing Authority in the light of Article 6(2). It shall be effected by appointment of the official to the next higher grade in the function group to which he belongs. Unless the procedure laid down in Articles 4 and 29(1) is applied, officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in Annex I, Section A, for the next higher grade. Promotion shall be exclusively by selection from among officials who have completed a minimum of two years in their grade after consideration of the comparative merits of the officials eligible for promotion. The evaluation of comparative merits by the Appointing Authority shall be based on the reports on the officials, the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with Article 28(f) and the level of responsibilities exercised by them.';
Amendment 74 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 16 a –(new)
Article 1 – point 16 a –(new)
Staff Regulations
Article 45 a – paragraph 2
Article 45 a – paragraph 2
16a. In Article 45a paragraph 2 shall be replaced by the following: '2. The Appointing Authority shall draw up a draft list of AST officials selected to take part in the aforesaid training programme on the basis of the annual reports referred to in Article 43 and their level of education and training and taking account of the needs of the services. This draft shall be submitted to a joint committee for its opinion.'; This committee may hear officials who have applied to take part in the aforesaid training programme, and representatives of the Appointing Authority. It shall, by a majority vote, deliver a reasoned opinion on the draft list proposed by the Appointing Authority. The Appointing Authority shall adopt the list of officials who are entitled to take part in the aforesaid training programme.
Amendment 77 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Staff Regulations
Article 51
Article 51
19. Article 51 shall be amended as follows: (a) In the first sentence of paragraph 1, the words ‘Eachreplaced by the following: 'Article 51 1. The appointing authority of each institution shall define procedures to identify, deal with and remedy cases of incompetence in a timely and appropriate fashion. In any case, an official who, on the basis of three consecutive unsatisfactory annual reports referred to in Article 43, still shows no progress in his professional competence shall be downgraded by one grade. If, the next two annual reports still show an unsatisfactory performance, the official shall be dismissed. 2. Any proposal to downgrade or dismiss an official shall set out the reasons on which it is based and shall be communicated to the official concerned. The proposal from the Appointing Authority shall be referred to the Joint Advisory Committee referred to in Article 9(6). 3. The official shall have the right to obtain his complete personal file and to take copies of all documents relating to the procedure. He shall have at least fifteen days, but no longer than 30 days, from the date of receipt of the proposal to prepare a defence. He may be assisted by a person of his choice. The official may submit written comments. He shall be heard by the Joint Advisory Committee. The official may also call witnesses. 4. The institution’ shall be replaced by ‘The appointing authority of each institution’; (b) In the first and resented before the Joint Advisory Committee by an official designated for that purpose by the Appointing Authority. That official shall have the same rights as the official concerned. 5. In the light of the proposal under paragraph 2 and any written and verbal statements from the official concerned or from witnesses, the Joint Advisory Committee shall deliver by a majority a reasoned opinion stating the measure which it considers appropriate in the light of the facts established at its request. It shall forward that opinion to the Appointing Authority and to the official concerned within two months of the date on which the matter is referred to it. The chairman shall not vote on decisions of the Joint Advisory Committee, except in procedural matters and where votes are tied. 6. An official dismissed for incompetence shall, for the period defined in paragraph 7, be entitled to a monthly dismissal allowance equal to the basic monthly salary of an official in the first step of grade AST 1. The official shall also be entitled during the last sentences of the first subparagraph of paragraph 6, the words 'grade 1' shall be replaced by the words 'grade AST 1'; same period to the family allowances provided for in Article 67. The household allowance shall be calculated on the basis of the basic monthly salary of an official in grade AST 1 in accordance with Article 1 of Annex VII. The allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1, 2 and 3 or if he is entitled to the immediate payment of a full pension. If he is entitled to unemployment benefit under a national unemployment scheme, the amount of that benefit shall be deducted from the above allowance. 7. The period during which the payments referred to in paragraph 6 are to be made shall be: (a) three months where the official has completed less than five years' service at the date on which the dismissal decision is taken; (b) six months where the official has completed at least five years' service but less than ten; (c) nine months where the official has completed at least 10 years' service but less than 20; (d) 12 months where the official has completed over 20 years' service. 8. Officials who are downgraded on grounds of incompetence may after a period of six years ask for all references to that measure to be deleted from their personal files. 9. Officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in the course of the proceedings, including fees payable to a defending adviser not belonging to the institution, where the proceedings provided for in this Article end without any decision being taken to dismiss or downgrade.';
Amendment 86 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 21 – point d Staff Regulations
Article 1 – point 21 – point d Staff Regulations
Article 55 – paragraph 4
4. The appointing authority of each institution may introduce flexible working- time arrangements. Officials to whom the provisions of the second paragraph of Article 44 apply shall manage their working-time without resorting to such arrangements. A derogation from core obligations may be granted to an official by his hierarchical superior if this is compatible with the interests of the service.
Amendment 94 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 23
Article 1 – point 23
Staff Regulations
Article 56
Article 56
23. The third paragraph of Article 56 shall be replaced by the following: 'As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 andArticle 56 shall be replaced by the following: 'Article 56 An official may be required to work overtime by his hierarchical superior in cases of urgency or exceptional pressure of work; in these cases an equivalent compensatory leave shall be granted within three months. Night work, and all work on Sundays or public holidays, may be authorised only in accordance with the procedure laid down by the appointing authority. The total overtime which an official may be asked to work shall not exceed 150 hours in any six months. Overtime worked by officials in function group AD, and in function group AST 5 to 11 shall carry no right to remuneration. As provided in Annex VI, overtime worked by officials in grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during the three months following that in which the overtime was worked.';
Amendment 95 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 26
Article 1 – point 26
Staff Regulations
Article 57 – paragraph 1
Article 57 – paragraph 1
26. In tThe first paragraph of Article 57, the word 'institutions' shall be replaced by 'appointing authorities of the institutions shall be replaced by the following: 'Officials shall be entitled to annual leave of not less than twenty-seven working days nor more than thirty-two working days per calendar year, in accordance with rules, to be laid down by common accord of the institutions of the Union, after consulting the Staff Regulations Committee.';
Amendment 102 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 32 a (new)
Article 1 – point 32 a (new)
Staff Regulations
Article 67 a (new)
Article 67 a (new)
32 a. The following Article shall be inserted after Article 67: 'Article 67a An official with dependent children shall be entitled either: (a) to a place for his children at a European school; or (b) if no such place is available, to the reimbursement of school fees subject to the provisions laid down in Annex VII. The conditions for establishing European schools shall be laid down in an agreement between the institutions and Member States; funding of European schools shall be subject to the budget of the Union';
Amendment 118 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 43 – point a
Article 1 – point 43 – point a
Staff Regulations
Annex I – Section A – point 2
Annex I – Section A – point 2
2. Function Group AST Senior Assistant Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination AST 9 – AST 11 Assistant Carrying out administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager AST 5 – AST 8 Junior Assistant Carrying out administrative, technical or training activities with regard to the implementation of rules and regulations AST 1 – AST 4
Amendment 120 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 43 – point a
Article 1 – point 43 – point a
Staff Regulations
Annex I – Section A – point 3
Annex I – Section A – point 3
3. Function Group AST/SC SC 1 - SC 6 Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy enior Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a high degree of autonomy and responsibility SC 5 - SC 6 Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy SC 3 - SC 4 Junior Secretary/Clerk Carrying out clerical and secretarial tasks and other equivalent tasks requiring a limited degree of autonomy SC 1 - SC 2
Amendment 124 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 47
Article 1 – point 47
Staff Regulations
Annex V – Article 7
Annex V – Article 7
47. Article 7 of Annex V shall be replaced by the following: 'Article 7 To the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin, calculated as follows: – 250 to 600 km: one day of home travelling time, – 601 to 1200 km: two days of home travelling time, – more than 1200 km: three days of home travelling time. The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. If the place of employment is outside these territories, the travelling time shall be fixed by special decision taking into account particular needs. Where special leave is granted in pursuance of Section 2 above, any home travelling time shall be fixed by special decision taking into account particular needs.'deleted;
Amendment 139 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 49 – point c
Article 1 – point 49 – point c
1. Officials of grade AST 1 to 8 and AD 5 to 8 entitled to the expatriation or foreign residence allowance shall be entitled, within the limit set out in paragraph 2, in each calendar year to a flat- rate payment corresponding to the cost of travel from the place of employment to the place of origin as defined in Article 7 for themselves and, if they are entitled to the household allowance, for the spouse and dependants within the meaning of Article 2. Where a husband and wife are both officials of the European Union, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of one or other of them. Where an official marries during a given year and thereby becomes entitled to the household allowance, the travel expenses payable for the spouse shall be calculated in proportion to the period from the date of the marriage to the end of the year. Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the official concerned liable to make repayment. Travel expenses for children aged less than two years during the entire calendar year shall not be reimbursedtwo to ten years shall be calculated on the basis of half of the kilometric allowance and half the flat-rate supplement, the children being deemed for the purposes of calculation to have completed their second or tenth year on 1 January of the current year.
Amendment 152 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 52 – point -a (new)
Article 1 – point 52 – point -a (new)
Staff Regulations
Annex X – Article 6
Annex X – Article 6
(-a) Article 6 shall be replaced by the following: 'Article 6 An official shall, per calendar year, be entitled to annual leave three working days for each month of service.';
Amendment 156 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 53
Article 1 – point 53
Staff Regulations
Annex XI – Chapter 7
Annex XI – Chapter 7
Amendment 178 #
2011/0455(COD)
Proposal for a regulation
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
Conditions of Employment
Article 16 – paragraph 1
Article 16 – paragraph 1
10a. Article 16(1) shall be replaced by the following: 'Articles 41 to 46 and 55 to 61 of the Staff Regulations, shall apply by analogy. Special leave and parental and family leave shall not extend beyond the term of the contract.';
Amendment 190 #
2011/0455(COD)
Proposal for a regulation
Article 2 – point 29
Article 2 – point 29
Conditions of Employment
Article 88 – paragraph 1 – point b
Article 88 – paragraph 1 – point b
Amendment 50 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteriaon on which contracting entities shall base the award of contracts shall be one of the following:the most economically advantageous tender.
Amendment 51 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a
Article 76 – paragraph 1 – subparagraph 1 – point a
Amendment 52 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 53 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 55 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
Amendment 56 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include in addition to the price or costs referred to in point (b) ofontracting entity shall identify the most economically advantageous tender in accordance with paragraph 1, otherbased on criteria linked to the subject-matter of the contract in question, such as. In addition to price and costs, evaluated with a cost- effectiveness approach only, including the determination of life cycle costs according to the conditions set out in Article 77, such criteria shall include:
Amendment 61 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 62 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting entity. They shall ensure the possibility ofensure effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified. Contracting entities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 63 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 1
Article 76 – paragraph 5 – subparagraph 1
Amendment 64 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 2
Article 76 – paragraph 5 – subparagraph 2
Amendment 65 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 4
Article 76 – paragraph 5 – subparagraph 4
The relative weighting or order of importance shall be specified, as appropriately, in the notice used as a means of calling for competition, in the invitation to confirm interest, in the invitation to tender or to negotiate, or in the specifications.
Amendment 66 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
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 inin accordance with the award criteria referred to in Article 76 (1).
Amendment 67 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – introductory part
Article 79 – paragraph 1 – introductory part
1. The contracting entity shall request economic operators to explain the price or costs charged, where all of the following conditions are fulfilled:the price or the cost charged is more than 25 % less than the average price or average costs charged in the other tender documents.
Amendment 68 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
Amendment 69 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
Amendment 70 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point c
Article 79 – paragraph 1 – point c
Amendment 72 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting entities maywill also request such explanations.
Amendment 73 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. The explanations referred to in paragraphs 1 and 2 mayrelate in particular relate to:
Amendment 74 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – point d
Article 79 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 80 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 250 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activitynd involves itself in economic activity, providing goods and services on the market, does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 254 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point c
Article 2 – point 4 – point c
(c) it is financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law; For the purposes of this Directive, the definition of a ‘public body’ does not include companies listed on the stock market or companies which they control directly or indirectly or with which they are directly or indirectly linked;
Amendment 258 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 10
Article 2 – point 10
(10) "supply contracts" means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products, including via agencies. A supply contract may include, as an incidental matter, siting and installation operations;
Amendment 270 #
2011/0439(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. Rights which have been granted by means of a tender procedure in which adequate publicity has been ensured and where the granting of those rights was based on objective and non-discriminatory award criteria shall not constitute "special or exclusive rights" within the meaning of point 6 of Article 2.
Amendment 308 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) legal and arbitration and conciliation services;
Amendment 370 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 9100 % 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;
Amendment 432 #
2011/0439(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Contracts intended to enable an activity mentioned in Articles 5 to 11 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 28 can demonstrate that, in the Member State or relevant sectors or segments in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive. Such competition assessment, which will be made in the light of the information available to the Commission and for the purposes of this Directive, is without prejudice to the application of competition law.
Amendment 434 #
2011/0439(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1
Article 27 – paragraph 2 – subparagraph 1
2. For the purposes of paragraph 1, the question of whether an activity is directly exposed to competition requires that the relevant product market and the relevant geographic market be defined. The relevant product market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the Treaty; those may include the characteristics of the goods or services concerned, the existence of alternative goods or services considered to be substitutable on the supply side or demand side, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question. The relevant geographic market, on the basis of which exposure to competition is assessed, shall consist of the area in which the undertakings concerned are involved in the supply and demand of products or services, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because, in particular, conditions of competition are appreciably different in those areas.. This assessment shall take account in particular of the nature and characteristics of the products or services concerned, of the existence of entry barriers or of consumer preferences, of appreciable differences of the undertakings' market shares between the area concerned and neighbouring areas or of substantial price differences.
Amendment 437 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
1. Where a Member State or, where the legislation of the Member State concerned provides for it, a contracting entity considers that, on the basis of the criteria set out in Article 27(2) and (3), a given activity is directly exposed, in whole or in part, including as regards individual sectors or segments, to competition on markets to which access is not restricted, it may submit a request to establish that this Directive does not apply to the award of contracts or the organisation of design contests for the pursuit of that activity, or the individual sector or segment thereof.
Amendment 439 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Requests shall be accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activity concerned, or the individual sector or segment thereof. This position shall thoroughly analyse the conditions for the possible applicability of Article 27(1) to the activity concerned in accordance with its paragraphs 2 and 3. Or.
Amendment 441 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Upon request submitted in accordance with paragraph 1 of this Article, the Commission may, by way of an implementing decision adopted within the periods set out in paragraph 4 of this Article, establish whether an activity referred to in Articles 5 to 11,or the individual sector or segment thereof, is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 100(2).
Amendment 443 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Article 28 – paragraph 2 – subparagraph 2 – introductory part
Contracts intended to enable the activity concerned, or the individual sector or segment thereof, to be carried out and design contests that are organised for the pursuit of such an activity, or the individual sector or segment, shall cease to be subject to this Directive in any of the following cases:
Amendment 444 #
2011/0439(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Where an activity, or an individual sector or segment thereof, in a given Member State is already the subject of a procedure under paragraphs 1, 2 and 3, further requests concerning the same activity, or individual sector or segment thereof, in the same Member State before the expiry of the period opened in respect of the first request shall not be considered as new procedures and shall be treated in the context of the first request.
Amendment 566 #
2011/0439(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementservice and supply contracts. This article does not apply to public works contracts.
Amendment 573 #
2011/0439(COD)
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 2
Article 51 – paragraph 2 – subparagraph 2
However, where the conduct of the procurement procedures and the performance of the ensuing contracts is carried out by more than one of the participating contracting entities, each shall continue to be responsible for fulfilling its obligations pursuant to this Directive in respect of the stages it conducts. The Member States shall, in accordance with their own national law and in compliance with Community law, lay down the conditions governing the implementation of this article.
Amendment 625 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Contracting entities requiring a specific label shall accept all equivalent labels, i.e. those based on the same assessment criteria and measurement methods, that fulfil the requirements of the label indicated by the contracting entities. For products that do not bear the label, contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof.
Amendment 652 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Contracts may be subdivided into homogenous or heterogeneous lots. For contracts the value of which is equal to or exceeds the thresholds laid down in Article 12, the contracting entity shall provide, in the contract notice or in the invitation to confirm interest, specific clarification of its reasons relating to the decision on whether or not to divide the contract into lots. Article 13(7) applies.
Amendment 671 #
2011/0439(COD)
Proposal for a directive
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Calls for competition within the meaning of Article 39(2) shall be published in full in an official language of the Union as chosen by the contracting entity. That language version shall constitute the sole authentic text. A summary of the important elements of each notice shall be published in the other official languagesEnglish.
Amendment 685 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 6
Article 70 – paragraph 6
Amendment 687 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 7
Article 70 – paragraph 7
Amendment 689 #
2011/0439(COD)
Proposal for a directive
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
Where the objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system include requirements relating to the economic and financial capacity of the economic operator, or to its technical and professional abilities, the economic operator may where necessary rely on the capacity of other entities, whatever the legal nature of the link between itself and those entities. In this case the economic operator shall prove to the contracting entity that those resources will be available to it throughout the period of the validity of the qualification system, for example by producing an undertaking by those entities to that effect. In the case of economic and financial standing, cContracting entities may require that the economic operator and those entities are jointly liable for the execution of the contract.
Amendment 783 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point a
Article 79 – paragraph 1 – point a
(a) the price or cost charged is more than 530% lower than the average price or costs of the remaining tenders;
Amendment 785 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 1 – point b
Article 79 – paragraph 1 – point b
Amendment 822 #
2011/0439(COD)
Proposal for a directive
Article 80
Article 80
Contracting entities may lay down special conditions relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operatMember States may provide fors foreseems of compensations fo to cover risks of price increases that are the result of price fluctuations (hedging)which are impossible to foresee when the tender is submitted and that could substantially impact the performance of a contract.
Amendment 836 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Member States mayshall provide that, at the request of the subcontractor, with the consent of the main contractor and where the nature of the contract so allows, the contracting entity shall transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.
Amendment 845 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liabilitymain contractor's and subcontractors' liability. Member States shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XIV, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 82 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criterion on which contracting authorities shall base the award of public contracts shall be onethat of the following:most economically advantageous tender.
Amendment 83 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 84 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 85 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 86 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The contracting authority shall assess the most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identifiedaragraph 1, on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, iIn addition to the price orand costs referred to in point (b) of paragraph 1, other criteria linked to the subject- matter of the public contract in question, such as, assessed solely on the basis of a cost-effectiveness approach, as in the determination of the life-cycle costs in compliance with the stipulations of Article 67, the following examples shall feature among the criteria:
Amendment 91 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 92 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility ofensure effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteria.
Amendment 93 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
Amendment 94 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 2
Article 66 – paragraph 5 – subparagraph 2
Amendment 95 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
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 inin accordance with the award criteriaon referred to in Article 66(1).
Amendment 96 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – introductory part
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:the price or costs charged are more than 25 % lower than the average price or average costs of the remaining tenders.
Amendment 97 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
Amendment 98 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 99 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 101 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where tenders appear to be abnormally low for other reasons, contracting authorities mayshall also request such explanations.
Amendment 102 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – introductory part
Article 69 – paragraph 3 – introductory part
3. The explanations referred to in paragraphs 1 and 2 mayrelate in particular relate to:
Amendment 103 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection;
Amendment 109 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member states shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 468 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 9100 % 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;
Amendment 790 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States may provide that contracting authorities may award public contracts by a negotiated procedure without prior publication only in the cases laid down in paragraphs (2)2 to (5)5 where the value of the contract is not more than EUR 500 000 in the case of public works contracts and not more than EUR 100 000 in the case of public service contracts.
Amendment 817 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 1
Article 30 – paragraph 5 – subparagraph 1
The negotiated procedure without prior publication may be foreseenllowed for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract, provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with Article 24(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded.
Amendment 818 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 2
Article 30 – paragraph 5 – subparagraph 2
As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting authorities when they apply Article 4.
Amendment 819 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 5 – subparagraph 3
Article 30 – paragraph 5 – subparagraph 3
This procedure may be used only during the threewo years following the conclusion of the original contract.
Amendment 860 #
2011/0438(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
Article 33 – paragraph 1 – subparagraph 2 – point a (new)
(a) This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 862 #
2011/0438(COD)
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
Member States may rendeprovide for the use of electronic catalogues mandatory in connection with certain types of procurementpublic service and supply contracts. This Article shall not apply to public works contracts or to the award of architectural or engineering services.
Amendment 865 #
2011/0438(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities may purchase works, supplies and/or services from or through a central purchasing body. Member States shall encourage the use of centralised procurement auctioning procedures, especially where procurers are of a small size.
Amendment 973 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits. The means of proof must be supported by non-discriminatory verifiable scientific information.
Amendment 999 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasonsthe reasons for its decision to split the contract into lots or otherwise.
Amendment 1045 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Any economic operator shall be excluded from participation in a contract where the contracting authority is aware of a decision having the force of res judicata establishing that it has not fulfilled: it has committed conclusively proven serious or repeated infringements of the rules governing social security contributions under the legal provisions of the country in which it is established or under those of the Member State of the contracting authority; it has committed conclusively proven serious or repeated infringements regarding obligations relating to the payment of taxes or social security contributions in accordance with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.
Amendment 1204 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. The award of contracts for intellectual services shall normally be based on the criterion in point (a) of paragraph 1. The lowest cost criterion may only be used in duly justified cases of uncomplicated, repetitive services that do not call for a multidisciplinary set of skills.
Amendment 1256 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 530% lower than the average price or costs of the remaining tenders
Amendment 1260 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
Amendment 1294 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. Contracting authorities shall automatically exclude any tender offering discounts higher than 40 % of the average price overall of all the tenders submitted.
Amendment 1335 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
2. Member States mayshall provide in their own regulations that at the request of the subcontractor and where the nature of the contract so allows, it shall be possible for the contracting authority shallto transfer due payments directly to the subcontractor for services, supplies or works provided to the main contractor. In such case, Member States shall put in place appropriate mechanisms permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set out in the procurement documents.
Amendment 1345 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability. main contractor's and subcontractors' liability. Member States shall provide for a system of joint and several liability down the sub- contracting chain. The principal economic operator and any subcontractor involved in doing work on a public contract shall be jointly and severally liable for any liability which arises from the failure by a subcontractor to comply with provisions relating to fundamental rights, health and safety requirements, social rules and standards, employment and working conditions, health and safety at workplace and social security, as set out by EU and national laws, regulations or administrative provisions, collective agreement and contracts, and international labour law provisions listed in Annex XI, that apply in the place where the work, service or supply is performed. Member States may provide for more stringent liability rules under national law.
Amendment 1368 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 510% of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 44 #
2011/0394(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Programme should particularly address SMEs, as defined in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. Particular attention should be paid to micro enterprises, and enterprises engaged in craft activities and social enterprises. Attention should also be paid to the specific characteristics and requirements ofof target groups, such as young entrepreneurs, new and potential entrepreneurs and female entrepreneurs, as well as specific target groups, such as migrants and entrepreneurs belonging to socially disadvantaged or vulnerable groups such as persons with disabilities. The Programme should also encourage senior citizens to become and remain entrepreneurs and promote business transfer, spin-offs and second chances for entrepreneurs.
Amendment 46 #
2011/0394(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Many of the Union's competitiveness problems involve SMEs' difficulties in getting access to finance because they struggle to demonstrate their credit- worthiness and have difficulties in gaining access to risk capital. This has a negative effect on the level and quality of the new enterprises created and on the growth of enterprises. The added value for the Union of the proposed financial instruments lies inter alia in strengthening the Single Market for venture capital and in developing a simplified and more transparent pan-European SME finance market. The Union's actions should be complementary to the Member States' use of financial instruments for SMEs. The entities entrusted with the implementation of the actions should ensure additionality and avoid double financing through EU resources.
Amendment 49 #
2011/0394(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Enterprise Europe Network has proven its added value for European SMEs as a one-stop-shop for business support services by helping enterprises to improve their competitiveness and explore business opportunities in the Single Market and beyondin third countries. The streamlining of methodologies and working methods and provisions of a European dimension to business support services can only be achieved at Union level. In particular, the Network has helped SMEs to find cooperation or technology transfer partners, also in foreign countries, get advice on sources of financing, and on intellectual property and on eco-innovation and sustainable production. It has also obtained feedback on Union legislation and standards. Its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross- border transactions. The Network has also successfully encouraged the participation of SMEs in EU funding programmes such as FP7.
Amendment 50 #
2011/0394(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Enterprise Europe Network has proven its added value for European SMEs as a one-stop-shop for business support bytasked with identifying appropriate EU business support programmes and thus helping enterprises to improve their competitiveness and explore business opportunities in the Single Market and beyond. The streamlining of methodologies and working methods and provisions of a European dimension to business support services can only be achieved at Union level. In particular, the Network has helped SMEs to find cooperation or technology transfer partners, get advice on sources of financing, and on intellectual property and on eco-innovation and sustainable production. It has also obtained feedback on Union legislation and standards. Its unique expertise is particularly important in overcoming information asymmetries and alleviating transaction costs associated with cross-border transactions.
Amendment 51 #
2011/0394(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Activities in this area can create a level playing field for SMEs when planning to become active outside their home country. Such activities should, among others, include information on intellectual property rights and technical standards.
Amendment 57 #
2011/0394(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Global competition, demographic changes, resource constraints and emerging social trends generate challenges and opportunities for some sectors. For example, design-basedmany sectors facing global challenges and characterised by a high proportion of SMEs need to adapt to reap the benefits and harness. For example, design-based sectors need to adapt in order to benefit from the untapped potential of high demand for personalised, inclusive products. Design-based consumer goods represent an important economic sector in the Union and its enterprises contribute substantially to growth and jobs. As these challenges apply to all SMEs in the Union in these sectors, a concerted effort at Union level is necessary. in order to create additional growth.
Amendment 60 #
2011/0394(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As outlined in the Commission Communication of 30 June 2010, entitled ‘"Europe, the world's No 1 tourist destination – a new political framework for tourism in Europe’18", which was endorsed by the European Council Conclusions of October 2010, tourism is an important sector of the Union economy. Enterprises in this sector contribute substantially contribute towith 10% of the Union's Gross Domestic Product (GDP) and job creation and have significant potential for the devewith 12 % of total emplopyment of entrepreneurial activity, since it is run mainly by SMEs. The Lisbon Treaty acknowledges the importance of tourism outlin, making it the third most important socio-economic activity ing the Union specific competences in this field which complement the actions of Member States. There is clear added value for the tourism initiative at Union level, especially in providing data and analysis, and have significant potential for the development of entrepreneurial activity, sin developing transnational promotion strategies and in exchanging best practicece it is run mainly by SMEs.
Amendment 61 #
2011/0394(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The Lisbon Treaty acknowledges the importance of tourism, outlining the Union's specific competences in this field which complement the actions of Member States. This sector plays a key role in the economic development of the Union and in achieving the goals of the EU 2020 strategy. Therefore, tourism should figure in the general and specific objectives of the programme. There is clear added value for the tourism initiative at Union level, especially in improving the tourism knowledge base by providing data and analysis, in developing transnational promotion strategies and in exchanging best practices.
Amendment 63 #
2011/0394(COD)
Proposal for a regulation
Recital 18 c (new)
Recital 18 c (new)
(18c) The European Union is the world's No 1 tourist destination in terms of international arrivals, and this lead position should be reinforced by tackling the challenges created by, first, greater global competition and a market demand that is continually changing and second, by ensuring increased and more lasting sustainability.
Amendment 64 #
2011/0394(COD)
Proposal for a regulation
Recital 18 d (new)
Recital 18 d (new)
(18d) Tourism in Europe faces many challenges: the global economic crisis, competition from other destinations outside the EU and the diversity of tourist attractions on offer, the effects of climate change and seasonal fluctuations in tourist activity, demographic developments in Europe, the growing impact of information and communications technologies and many unforeseen events affecting the industry from time to time. Therefore, the European Union should ensure the conditions for tourism to become a leading sector.
Amendment 75 #
2011/0394(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) measures to improve the design, implementation and evaluation of policies affecting the competitiveness and sustainability of enterprises, including disaster resilience, and to secure the sharing of best practices on the development of appropriate infrastructures, world class clusters and business networks, framework conditions and the promotion of development of sustainable products, services and processes;
Amendment 79 #
2011/0394(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) Measures to promote the competitiveness and sustainability of SMEs in the tourism sector by encouraging the creation of a favourable environment for the development of undertakings in this sector and by promoting the cooperation between Member States.
Amendment 81 #
2011/0394(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission mayshall support initiatives accelerating the emergence of competitive industries based on cross-sectoral activities in areas characterised by a high proportion of SMEs and with a high contribution to the Union's GDP. Such initiatives shall stimulate development of new markets and the supply of goods and services based on the most competitive business models, improved products and processes, flexible organisational structures or on modified value- chains. They shall include initiatives to enhance productivity, resource efficiency, sustainability and corporate social responsibilitysustainability, in particular resource and energy efficiency, and corporate social responsibility. The activities shall encourage the adoption of new business models as well as the commercial use of relevant ideas for new products and services.
Amendment 82 #
2011/0394(COD)
Proposal for a regulation
Article 6 – paragraph 3 – a (new)
Article 6 – paragraph 3 – a (new)
3a.The Commission may also support sector-specific activities for these purposes, in areas characterised by a high proportion of SMEs and with a high contribution to the Union's GDP, such as the tourism and design-based consumer goods sectors.
Amendment 89 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In order to continue improving the competitiveness and access to markets of Union enterprises, the Commission shall maintain its support for the Enterprise Europe Network as a one -stop-shop for business support. The future activities of the Network should continue, build upon and enhance its current activities.
Amendment 92 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission mayshall support actions to improve SMEs access to the Single Market including information provision and awareness-raising on topics such as business opportunities.
Amendment 94 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Specific measures shall aim to facilitate SMEs access to markets outside the Union, and to strengthening existing support services in those markets. SMEs mayshall receive support through the Programme, in particular by providing information on market entry obstacles and business opportunities and by improving support services as regards standards and intellectual property rights in priority third countries.
Amendment 99 #
2011/0394(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. By 2018 at the latest, the Commission shall establish an evaluation report, which shall be published every three years, on the achievement of the objectives of all the actions supported under the Programme at the level of results and impacts, especially on job creation and economic growth; the efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the measures. The evaluation report shall also address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the predecessor measures;
Amendment 102 #
2011/0394(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Financial instruments under the Programme shall be operated with the aim of facilitating access to finance for growth- oriented SMEsand international market-oriented SMEs, promoting business clusters and networks and export consortia and recognising the role they play. The financial instruments shall include an equity facility and a loan guarantee facility.
Amendment 104 #
2011/0394(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The financial instruments for growth- and international market-oriented SMEs may, where appropriate, be combined with other financial instruments and specific support programmes established by Member States and their managing authorities in accordance with [Article 33(1)(a) of Regulation (EU) No XXX/201X [New Regulation on Structural Funds]], and grants funded from the Union, including under this Regulation.
Amendment 64 #
2011/0374(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders should inform consumers on their websites about the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .…/…/EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedurwhen they commit to use these entities to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.
Amendment 84 #
2011/0374(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 88 #
2011/0374(COD)
Proposal for a regulation
Article 9 – point b
Article 9 – point b
(b) if, following the notification of the dispute to the parties, the parties agree to institute proceedings before the entity, accomplish the conclusion of the dispute resolution procedure within 30 daysa reasonable time from when the proceedings have been instituted. In the case of complex disputes, the ADR entity may extend this time limit;
Amendment 91 #
2011/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Access to information, including personal data, related to a dispute and stored in the database referred to in Article 10 shall be granted, for the purposes referred to in Article 9, only to the ADR entity to which the dispute was transmitted in accordance with Article 8. Access to the same information shall be granted also to ODR facilitators only if this information is necessary in order to fulfil their functions as referred to in Article 6(2) and for the purposes referred to in Article 6(3).
Amendment 94 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Traders established within the Union engaging in the cross-border online sale of goods or provision of services shall inform consumers about the ODR platform and about their e-mail address. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that message. It shall include an electronic link to the ODR platform's homepage. Traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsmanclearly and easily accessible on the traders' websites. It shall include an electronic link to the ODR platform's homepage.
Amendment 95 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The provisions in paragraph 1 are without prejudice to the provisions in Article 10 of Directive …./…/EU [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] concerning the information of consumers by traders about the ADR procedurentity or ADR entities by which those traders are covered and about whether or notwhen those traders commits to use alternative dispute resolution procedurthese entities to resolve disputes with consumers.
Amendment 97 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The provisions in paragraph 1 are without prejudice to the provisions in Articles 6 and 8 of Directive 2011/83/EU concerning consumer information for distance and off-premises contracts, in Article 3 of Directive 2002/65/EU of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services1 and Article 185 of Directive 2009/138/EU of the European Parliament and of the Council of 25 November 2008 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)2. ______________ 1 OJ L 271, 9.10.2002, p.16. 2 OJ L 335, 17.12.2008, p.1.
Amendment 56 #
2011/0373(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders. However, alternative dispute resolution is not yet sufficiently developed across the European Union. Moreover, ADR procedures are currently not available in all Member States or business sectors and quality levels and standards still vary across the Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross-border disputes effectively.
Amendment 59 #
2011/0373(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should includeapply to complaints submitted by consumers against traders but also complaints submitted by traders against consumers. This Directive should not apply to disputes between traders; however. This Directive should not apply to disputes between traders or to complaints submitted by traders against consumers. Nonetheless, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out- of-court resolution of such disputes.
Amendment 62 #
2011/0373(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 63 #
2011/0373(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor, unless the natural person in charge of the dispute resolution is part of a collegiate body composed of an equal number of consumers' interests and of representatives of traders' interests. Subsequently, this directive should not apply to procedures before consumer compliant handling systems operated by the trader. It should not apply to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 67 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member.
Amendment 71 #
2011/0373(COD)
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 days. The ADR entity should be able to extend this time period when the complexity of the dispute in question so demandsich allows completing the procedure within a reasonable time period.
Amendment 73 #
2011/0373(COD)
Proposal for a directive
Recital 21
Recital 21
(21) ADR procedures should be fair so that the parties to a dispute are fully informed about their rights and the consequences of the choices they make in the context of an ADR procedure. This should particularly apply to the binding nature of ADR procedures. In ADR procedures which aim at resolving the dispute by imposing a solution, it should be possible to make the solution binding only if the parties are informed of its binding nature in advance and have explicitly agreed to it.
Amendment 75 #
2011/0373(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
Amendment 77 #
2011/0373(COD)
Proposal for a directive
Recital 22
Recital 22
(22) When a dispute arises it is necessary that consumers are able to identify quickly which ADR entities are competent to deal with their complaint and to know whether or not the trader concerned will participate in proceedings submitted to an ADR entity. Traders should therefore provide such information on their main commercial documents and, where they have a website, on their. To this aim, traders who provide the recourse to ADR to resolve disputes with consumers, should inform consumers about the ADR entity or ADR entities by which they are covered. Such information should include the address of the relevant ADR entity or ADR entities' websites. This obligation should be without prejudice to Articles 6(1)(t), 7(1) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract. Article 7(1) of Directive 2011/83/EU provides that, in the case of off-premises contracts, this information must be provided on paper or, if the consumer agrees, on another durable medium.
Amendment 80 #
2011/0373(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that ADR entities function properly and effectively, they should be closely monitored. The Commission and competent authorities under this Directive should publish and update a list of ADR entities that comply with this Directive. Other bodies, such asMember States should ensure that ADR entities, consumer associations, business associations and the European Consumer Centre Network, should also publish this list. In addition, competent authorities should publish regular reports on the development and functioning of ADR entities. ADR entities should notify to competent authorities specific information on which those reports should be based. Member States should encourage ADR entities to provide such information using Commission Recommendation 2010/304/EU on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries.
Amendment 82 #
2011/0373(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes betweencomplaints can be submitted by consumers andgainst traders can be submitted to entities offering impartial, transparent, effective and fair alternative dispute resolution procedures.
Amendment 84 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, unless the natural person in charge of the dispute resolution is part of a collegiate body composed of an equal number of consumers' interests and of representatives of traders' interests;
Amendment 85 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) complaints submitted by traders against consumers.
Amendment 87 #
2011/0373(COD)
Proposal for a directive
Article 4 – point f – indent 2
Article 4 – point f – indent 2
– if the entity is operated by a legal person or association of natural or legal persons, including in the form of a collegial body as referred to in article 6(2), at the place where that legal person or association of natural or legal persons carries out alternative dispute resolution activities or has its statutory seat;
Amendment 90 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure, with the involvement of business organisations and consumers' associations, that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are impartial. This shall be guaranteed by ensuring that they:
Amendment 91 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) possess the necessary knowledge, skills and experience in the field of alternative or judicial resolution of consumer dispute resolution;
Amendment 92 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) have no conflict of interest with either party to the dispute, unless they form part of a collegial body as referred to in paragraph 2.
Amendment 97 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that ADR entities make publicly available on their websites and in , where approprinated form at , by any otheir premisemeans information on:
Amendment 98 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 99 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that ADR entities make publicly available on their websites and in , where approprinated form at , by any otheir premisemeans annual activity reports. These reports shall include the following information relating to both domestic and cross-border disputes:
Amendment 105 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 daysa reasonable time from the date on which the ADR entity has received the complaint. In the case of complex disputes, the ADR entity may ex and all relevant information relatend this time periodo it.
Amendment 108 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the parties have the possibility to express their point of view and hearreceive and be able to comment on the arguments and facts put forward by the other party and any experts' statements;
Amendment 119 #
2011/0373(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 121 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and, if the trader commits to use these entities to resolve disputes with consumers. SuchThe information shall include the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers.
Amendment 124 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be mentioned in an easily, directly, prominently and permanent comprehensible and easily accessible way on the trader's website, where one exists, and, if applicable, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contracts. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 126 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The provisions in this Article shall be without prejudice to the provisions in Articles 6, 7 and 8 of Directive 2011/83/EU concerning consumer information for distance and off-premises contracts, in Article 3 of Directive 2002/65/EU of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services1 and Article 185 of Directive 2009/138/EU of the European Parliament and of the Council of 25 November 2008 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)2. ______________ 1 OJ L 271, 9.10.2002, p.16. 2 OJ L 335, 17.12.2008, p.1.
Amendment 127 #
2011/0373(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall publish a list containing the names and contact details of the networks referred to in paragraph 1. The Commission shall, if necessary, update this list every two years.
Amendment 130 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 3 a (new)
Article 17 – paragraph 2 – subparagraph 3 a (new)
Competent authorities shall remove an ADR entity from the list if that ADR entity no longer fulfils the requirement set out in paragraph 1. The list shall be updated immediately and the relevant information transmitted to the Commission.
Amendment 540 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The support rates laid down in Annex I may be increased by 120 percentage points for operations supported in the framework of thematic sub-programmes concerning small farms and short supply chains. In the case of young farmers and mountain areas, the maximum support rates may be increased in accordance with Annex I. However, the maximum combined support rate shall not exceed 90%.
Amendment 1952 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 4 – point a
Article 65 – paragraph 4 – point a
(a) 80% for the measures referred to in Articles 15, 28 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No [CSF/2012] and for operations under Article 20(1)(a)(i) and for operations receiving assistance through thematic sub-programmes. It may be increased to 90% for the programmes of less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;
Amendment 623 #
2011/0281(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) as regards the olive oil sector: (i) EUR 2540/tonne for extra virgin olive oil; (ii) EUR 2330/tonne for virgin olive oil; (iii) EUR 1524/tonne for lampante olive oil having two degrees of free acidity; this amount shall be reduced by EUR 36.70/tonne for each additional degree of acidity.
Amendment 643 #
2011/0281(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Prices, production costs and margins reporting systems The Commission shall, by means of implementing acts, set up an information system on prices, production costs and margins in the commodities market, including a system for the publication of price levels, production cost and margin indicators for the commodities market. The system shall be based on information submitted by operators involved in the commodities trade. This information shall be treated with confidentiality. The Commission shall ensure that the information published does not permit the identification of individual operators.
Amendment 834 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). As regards the olive oil sector, the activation price for private storage for each category of olive oil shall reflect the real market situation, in particular taking into account the production costs. A periodic review should also be put in place. The aid provided must cover all storage costs as well as the financial implications of production being left in storage. The Commission shall automatically activate the private storage when all the conditions are fulfilled.
Amendment 955 #
2011/0281(COD)
Proposal for a regulation
Article 26 j (new)
Article 26 j (new)
Article 26 j The European Commission is urged to design, within one year after the entry into force of this Regulation, a similar program to the ones promoting consumption of dairy and fruit and vegetable products in schools. Member States will be able to decide voluntarily to join this program, and thus benefit from EU financing of the same order that the above-mentioned existing programs.
Amendment 985 #
2011/0281(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a National programmes to support olive oil and table olives 1. The European Union will finance national programmes in the field of olive oil and table olives with the following objectives: a) improve the competitiveness of the sector through the modernization of the productive potential; b) increase consumption of olive oil and olives in and outside the European Union. c) improve the quality of the production systems of olive oil and table olives;
Amendment 1124 #
2011/0281(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a A support system similar to existing one for the wine sector should be implemented for the olive sector, on the basis of national programmes financed through the single CMO. This urges the Commission to design, within one year after the entry into force of this Regulation, the scheme that would frame the National Support Programme in the olive sector, measures that could be included and need for co-financing.
Amendment 45 #
2011/0226(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While IMI is in essence a communication tool for public authorities, not open to the general public, technical means may need to be developed to allow external actors such as citizens, enterprises and organisations to interact with the competent authorities in order to supply information and retrieve data, or to exercise their rights as data subjects. Such technical means should include appropriate safeguards for data protection. In order to ensure a high level of security, any such public interface should be developed as technically separate from the IMI application to which only IMI users should have access.
Amendment 48 #
2011/0226(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to enhance confidence in the operability of IMI, the Commission should conduct technical controls and stress tests as appropriate, as a means of increasing the use of IMI across the Union.
Amendment 59 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The adoption of the delegated act may be preceded by a test phasCommission may carry out test phases (pilot projects) of a limited duration in order to assess the feasibility of expanding IMI to other internal market acts not yet listed in the Annex. The Commission shall submit the results of the (pilot project) of a limited duration involving several or all Member Statess to the European Parliament and to the Council, and where appropriate accompany them with a legislative proposal to amend the Annex for the expansion of IMI.
Amendment 70 #
2011/0226(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. External actors may use IMI with the technical means provided for this purpose, where necessary to facilitate administrative cooperation between competent authorities in Member States, or in order to exercise their rights as data subjects, or where otherwise provided for by a Union act. External actors shall only have access to a public interface, which is technically separate from the IMI application and does not provide access to personal data exchange between competent authorities.
Amendment 73 #
2011/0226(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. IMI actors shall ensure that requests of other IMI actors for confidential treatment of information exchanged by means of IMI are complied withrespected by IMI users working under their authority.
Amendment 88 #
2011/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. IMI actors shall ensure that the data subject may effectively exercise the right of access to data relating to him or her, and the right to have inaccurate or incomplete data corrected and unlawfully processed data deleted, in accordance with national legislation. The correction and deletion shall be carried out as soon as possible and not later than within 630 days by the IMI actor responsible.
Amendment 1 #
2011/0204(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure the surprise effect of the account preservation order, the debtor should not, as a general rule, be informed about the application, and not be heard prior to its issue or notified of the order prior to its implementation by the bank. However, for the purpose of providing greater legal certainty, the court to which application is made for an account preservation order should be able to take a reasoned decision to hear the debtor in exceptional cases where this is essential in order to reach a final decision and insufficient information and evidence is available for that purpose. Such hearings should take place only if it does not increase the likelihood of enforcement of the claim being frustrated or made substantially more difficult as a result. The debtor should, however, be able to contest the order immediately after it was implemented.
Amendment 2 #
2011/0204(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should provide sufficient safeguards against abuse of the order. In particular, unless the creditor already has a judgment enforceable in the Member State of enforcement, the court should be able to require the creditor to provide security to ensure compensation for any damage suffered by the debtor as a result of an unjustified order. The conditions under which the creditor will be liable to compensate the debtor for such damage should be governed by national law. Where the law of a Member State does not provide for a statutory liability of the claimant, this Regulation should not preclude the recourse to measures with equivalent effect, such as the obligation on the claimant to give an undertaking as to damages or any failure to release within the appointed time limit sums over and above the amount specified in the order.
Amendment 3 #
2011/0204(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) This Regulation should provide for a statutory liability on the part of the claimant for any damage caused to the defendant by an order that is subsequently found to be unjustified. The compensation for such damage should cover, as a minimum requirement, any loss of earnings and the costs incurred during the proceedings. In addition, the claimant should also be liable for any damage caused to the defendant as a result of failure to effect the prompt release of sums over and above the amount specified in the order.
Amendment 4 #
2011/0204(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Given that creditors currently face practical difficulties in accessing information on debtors from public or private sources in a cross-border context, the Regulation should establish a mechanism enabling the competent authority in the Member State of enforcement to obtain the information about the debtor's bank accounts, eirequired in order to identify the debtor's bank accounts. That mechanism should be provided for by Member States under their by obliging the banks to disclosenational law and may involve obliging the banks to inform the competent authority about the whereabouts of the debtor's accounts located in that Member State or by granting access to information held in registers or otherwise by public authorities or administrations.
Amendment 5 #
2011/0204(COD)
Proposal for a regulation
Article 3
Article 3
1. For the purposes of this Regulation, a matter is considered tocase haves cross-border implications unlessif the bank account, or at least one of the bank accounts, to be preserved by the EAPO is held in a Member State other than: (a) the Member State of the court seised with the application for anthe EAPO, all bank accounts to be preserved by the order and the parties are located or domiciled in the same Member State pursuant to Article 6(2), (b) the Member State in which the creditor has obtained, against the debtor, a judgment, court settlement or authentic instrument relating to the claim which is subject of the application for the EAPO, (c) the Member State in which the creditor is domiciled or located, or (d) the Member State in which the debtor is domiciled or located. 2. The relevant moment for determining whether a case has cross-border implications is the date on which the application for the EAPO is received by the court having jurisdiction for issuing the EAPO.
Amendment 6 #
2011/0204(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. An EAPO shall be issued in the amount for which it is sought or a part thereof where the claimant submits sufficient and relevant facts, reasonably corroborated by evidence, towhich make a prima facie case and which satisfy the court of both of the following:
Amendment 7 #
2011/0204(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) that without the issue of the order there is a real risk that the subsequent enforcement of an existent or future title against the defendant is likely to be impeded or made substantially more difficult, including because there is the realongoing risk that the defendant might remove, dispose of or conceal assets held in the bank account or accounts to be preserved.
Amendment 8 #
2011/0204(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the name and address, address and, where known, date of birth and national identity card or passport number of the defendant and, where applicable, the defendant's representative;
Amendment 9 #
2011/0204(COD)
Proposal for a regulation
Article 10
Article 10
The defendant shall not be notified of the application or be heard prior to the issue of the EAPO, unless the claimant requests otherwise. In exceptional cases, the court to which the application for an EAPO is made may take a reasoned decision to hear the defendant if this is necessary in order to reach a final decision and if such a hearing does not increase the risk to the claimant that the enforcement of his claim will be impeded or made substantially more difficult.
Amendment 10 #
2011/0204(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where the competent court considers that it cannot issue the EAPO without additional evidence, it may admit such evidence in the form of written statements of witnesses or expertsshall use the most suitable method of taking evidence provided for under the national law of the Member State concerned.
Amendment 11 #
2011/0204(COD)
Proposal for a regulation
Article 12
Article 12
Before issuing an EAPO, the court mayshall require the provision of a security deposit or an equivalent assurance by the claimant tohat will ensure compensation for any damage suffered by the defendant to the extent the claimant is liable to compensate such damage under national lawArticle 12a. The court may require the provision of a reduced security deposit or equivalent assurance and, in exceptional cases, exempt the claimant from this requirement if it considers this superfluous or disproportionate, in particular on account of the claimant’s financial situation.
Amendment 12 #
2011/0204(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Liability of the claimant 1. Following the setting aside or modification of an EAPO, the suspension of the enforcement of an EAPO or the claim being deemed unfounded during proceedings on the substance of the matter, the claimant shall be liable for any damage caused to the defendant as a result of the issue of the EAPO. The claimant shall also be liable for any damage caused to the defendant as a result of failure to comply with Article 28(2). 2. The courts of the Member State in which the EAPO was set aside, modified or suspended or the claim was deemed unfounded during proceedings on the substance of the matter shall establish the extent of the damage referred to in paragraph 1.
Amendment 13 #
2011/0204(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
b) the name, and address and, where known, date of birth and national identity card or passport number of the defendant, and, where applicable, the defendant'’s representative;
Amendment 14 #
2011/0204(COD)
Proposal for a regulation
Article 16 – point a
Article 16 – point a
a) the full name of the defendantwhere the defendant is a natural person, his or her full name and, where known, date of birth or national identity card or passport number,
Amendment 15 #
2011/0204(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The claimant shall duly substantiate the application which shall include all information available to the claimant about the defendant andreferred to in Article 16 about the defendant and the defendant's bank accounts which is available to the claimant and at least the following: a) the full name of the defendant, b) the defendant's full address and c) the Member State in which the defendant's holds the bank accounts(s) in respect of which the EAPO is being applied for.
Amendment 16 #
2011/0204(COD)
Proposal for a regulation
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) the possibility to obligean obligation on all banks in their territory to discloseinform the competent authority whether the defendant holds an account with them.
Amendment 17 #
2011/0204(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. WThere the EAPO covers several accounts held by the defendant with one and the same bank, the bank shall implement it only up to the amount specified therein bank shall implement the EAPO only up to the amount specified therein. Where the defendant holds several accounts with one and the same bank, the EAPO shall be implemented up to the amount contained therein in the following order: (a) accounts exclusively held by the defendant which are not payment accounts as defined by Article 4 point 14 of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market1, with the deposits with the longest cancellation period being taken first, (b) payment accounts as defined by Article 4 point 14 of Directive 2007/64/EC which are exclusively held by the defendant; (c) where possible, accounts which are not exclusively held by the defendant in accordance with Article 29, in the same order as under (a) and (b) above, mutatis mutandis. ______________ 1 OJ L 319, 5.12.2007, p. 1.
Amendment 67 #
2011/0204(COD)
Proposal for a regulation
Article 4 – point 1
Article 4 – point 1
1. “bank account” means any account containing cash or financial instruments which is held with a bank in the name of the defendant or in the name of a third party on behalf of the defendant;
Amendment 109 #
2011/0204(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
Amendment 1 #
2011/0177(APP)
Draft opinion
Paragraph 1
Paragraph 1
1. NotesConsiders it an absolute priority to draft legislation that is simple, clear and comprehensible in order to ensure that EU legislation has a high level of transparency and is implemented effectively; in this regard, points out that the further development of a European area of justice ineeds to be achieved both via effective legislation andsupported via adequate financial resources, with a view to providing citizens with EU-wide standards, a basic level of justice and, non- discriminatory treatment and the full opportunity for them to exercise their rights anywhere in Europe;
Amendment 2 #
2011/0177(APP)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomesAgrees with the need expressed by the Commission proposal to rationalise administrative expenditure; stresses, however, that it is vital to strike a balance between making further savings and ensuring that the institutions can perform their tasks and duties in accordance with their obligations and powers under the Treaties, taking account of the difficult challenges posed by the current economic crisis;
Amendment 3 #
2011/0177(APP)
Draft opinion
Paragraph 7
Paragraph 7
7. Acknowledges the fact that the economic and social context, which differs over the period of the next MFF, needs to be taken into account by the Budgetary Authorities, but stresses that, more than ever, the EU needs an efficient civil service with highly qualified and multilingual staff, drawn from among citizens of the Member States on the widest possible geographical basis and with due regard to gender balance; points out that staff must be independent, adhere to the highest professional standards and be willing to leave their countries of origin; moreover, notes that staff need to be provided with the means to carry out their duties as efficiently and loyally as possible;
Amendment 34 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The compensation scheme referred to in paragraph 1 shall be funded through the fees referred to in Article 13 of Regulation xx/xx [substantive provisions] and shall be available only for small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions having their residence or principal place of business within a Member State of the Union.
Amendment 35 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. The compensation scheme referred to in paragraph 1 shall ensure full reimbursement of the translation costs up to a ceiling set in such a way as to reflect the average market price for translations and to avoid abuse.
Amendment 45 #
2011/0093(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Unitary patent protection should foster scientific and technological advance and the functioning of the internal market by making access to the patent system easier, less costly and legally secure, in particular for small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions. It should improve the level of patent protection by providing the possibility to obtain uniform patent protection in the territories of the participating Member States and eliminate costs and complexity for undertakings throughout the Union. It should be available to patent applicants from both participating Member States and other States, regardless of nationality, residence or place of establishment.
Amendment 50 #
2011/0093(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to support patenting activities by small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions, applicants falling into these categories should benefit of a reduction of renewal fees. To this extent, renewal fees for such applicants should be reduced by 50% for the first six years following the grant of the European patent with unitary effect.
Amendment 53 #
2011/0093(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minus expenses incurred by the European Patent Office in carrying out tasks in relation to the unitary patent protection shall be distributed among the participating Member States, which should be used for patent-related purposes and in order to implement targeted measures aiming at providing legal and technical advice to applicants such as small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions during the research phase and the preparation of a patent application. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity and having acquired membership of the European Patent Organisation relatively recently.
Amendment 83 #
2011/0093(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions which are under no contractual or legal obligation to assign, grant or license any rights in the invention shall be entitled to a reduction of 50% of the renewal fees during the six years following the grant of the European patent with unitary effect.
Amendment 85 #
2011/0093(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The participating Member States shall use the amount allocated to them in accordance with paragraph 1 to patent- related purposes, including measures aimed at providing legal and technical advice to applicants, in particular small and medium-sized enterprises, natural persons, non-profit organisations and academic institutions.
Amendment 88 #
2011/0093(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall establish a close cooperation through a working agreement with the European Patent Office in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and in particular on the issue of renewal fees and the impact on the budget of the European Patent Organisation, including regular assessments of specific provisions aimed at supporting patenting activities.
Amendment 4 #
2010/2311(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 5 #
2010/2311(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Deplores the fact that there is no Mediterranean equivalent of the Organisation for Security and Cooperation in Europe, in which governments could discuss issues and strategies related to security and the prevention of terrorism; calls on the Member States and the Commission to consider the possibility of setting up equivalent machinery of this kind within the Union for the Mediterranean;
Amendment 6 #
2010/2311(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission and Council to encourage positive and negative conditionality in relation to national, regional, and local governments, should they fail to contribute effectively to counter-terrorism; calls on the Commission to ascertain whether counter-terrorism measures are being implemented properly and to report regularly to Parliament and the Council on its findings;
Amendment 7 #
2010/2289(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that a more unifiedbarrier-free and competitive single market willshould be come a reality only to the extent to which it succeeds to bringpleted in order to bring concrete advantages for workers, students, pensioners or citizens in general, and for businesses, particularly SMEs, in their daily lives;
Amendment 10 #
2010/2289(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of workers and pensioners, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and, a high level of education and training and the portability of pensions;
Amendment 14 #
2010/2289(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the important role of support networks and tools, such as EURES and SOLVIT,such as SOLVIT and the European Consumer Centres in making the single market work for the European citizens and businesses; strongly welcomes the Commission's announcement to continue to promote a one-stop shop, integrating all existing services in one single access point and providing citizens and businesses with information and support concerning their rights in the single market as well as practical information on national rules and procedures; calls on the Member States to increase the public awareness of these tool one- stop shop and its constituent services;
Amendment 25 #
2010/2289(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the Commission's proposal to develop a strategy to enable the wider application of the Internal Market Information System (IMI) and to integrate it with other networks for more efficient administrative cooperation and better implementation of internal market legislation;
Amendment 2 #
2010/2278(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that the internal market needs to be corrected in ordCalls on the Commission and Member States to ensure that services of general economic interest (SGEI) can easily be operated at the appropriate level, adhere to provide SGEI within a framework of universal access, high quality and affordability; takes the view that the Commission's proposal is not sufficient, and regclear financing rules, are of the highest possible quality and accessible to all; emphasises the importance of developing infrastructurets that it does not make reference to any legislative proposal, except in respect of concessions and public procurementfor the large network industries, including energy, transport services and electronic communications;
Amendment 13 #
2010/2278(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 17 #
2010/2278(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to introduce clear-cut legislation which defines SSGI on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and lfacilitate the application of EU rules by clarifying the criteria for the compatibility of state aids for social self- government and excludes SSGI from the application ofrvices of general interest (SSGI) and public procurement with the internal market rules;
Amendment 24 #
2010/2278(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Asks for the inclusion of a binding social clause in all relevant single market legislation, with a view to ensuring that competition rules respect fundamental rights and protecting and upholding the right to collective action and the right to strike in the corespect, in all legislative proposals, of Article 9 of the Treaty on the Funtioning of the European Union, in particular with regard to the promotion of a high level of employment, the guarantexte of the four freedoms; demadequate social protection ands the establishment of a special social chamber of the ECJ, with judges specialising in labour and social lawfight against social exclusion and of the Union's growth and jobs objectives;
Amendment 33 #
2010/2278(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 a. Welcomes the proposed Decision establishing a European Radio Spectrum Action Programme, in particular the freeing of the 800 MHz digital dividend band by 2013 to allow broadband coverage of rural areas and fast internet access for all citizens;
Amendment 34 #
2010/2278(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for a revisWelcomes the announced legislative initiative on the implementation of the Posting of Workers Directive (96/71/EC1 ) with a view to protecting Member States‘ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value rather than simply referring to minimum ratesensure respect of posted workers rights and clarify the obligations of national authorities and businesses. Calls on the Member States' to remedy shortcomings in the implementation and enforcement of the directive (96/71/EC);
Amendment 45 #
2010/2278(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that any reform of second- pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well- functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks acrosspension systems should generally continue to be regulated at the national level, following the principle of subsidiarity; however calls on Member States to coordinate their pension policies more effectively and to exchange best practices at European level in order to overcome common financial and demographic challenges; calls on the Commission and Member States to advance in the improvement of the portability of pensions for mobile workers within the EU;
Amendment 54 #
2010/2278(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to develop a genuine restructuring strategy which actively involves all stakeholdlaunch a consultation with the social partners, including w orkders and their representatives; takes the view that information and consultation procedures pertain to all areas of activity within a company, the strategic decisions and choices made by that company and the anticipation of their impact on employment to create a European mechanism for the anticipation of industrial restructuring, so that resources can be redirected into emerging sectors more effectively and employees can be offered more and better new opportunities;
Amendment 61 #
2010/2278(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Commission's intention to revise the Professional Qualifications Directive (2005/36/EC2 ), and to consider the introduction of a professional card which wcould contain – at the very least –, among others, information on qualifications, work experience and tax compliance while observing personal data protection rules; proposes that consideration be given to combining the skills passport with the professional card so that there is a single, uniform card at EU level;
Amendment 72 #
2010/2278(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the Commission initiative to enhance corporate governance, with the specific goal of increasing employee involvement and improving the transparency of information provided by businesses, including management remuneration; calls for a coherent approach that involves setting high minimum standards and promoting information and consultation rights for employees and their representatives, along with boardro and social responsibility, particularly the promotion of employee shareholding schemes, the strengthening of long-term shareholder commitment and increased transparency; however rejects binding rules for com participation rights.nies in this regard;
Amendment 29 #
2010/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly supports the efforts to pursue international trade negotiations with the aim of removing obstacles to trade to obtain better access for European companies to the third countries' markets; reiterates in this respect the importance of including social standards in all trade agreements concluded between the EU and third countries, without overloading such agreements with the principles of non- commercial nature;
Amendment 36 #
2010/2277(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the review of the Accounting Directives seeking to further simplify, with a common level across all the European Union, financial reporting obligations and to reduce administrative burdens, especially for SMEs;
Amendment 54 #
2010/2277(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the importance of putting public procurement to better use in support of employment, social progress and innovation; urges the Commission to undertake initiatives to open upin order to significantly increase the participation of SMEs in public procurement and facilitate their access to public procurement for SME, including through joint ventures.
Amendment 12 #
2010/2276(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls – in the interest of ensuring that funds, the precise objectives of which should be stated and specified, reach the Roma in need and make long-lasting advances in their lives -– for real commitment on the part of the Commission and the Member States to launching more target-oriented, complex and flexible programmes with a longer time coverage and more territorial relevance, addressing the problem of suburban and rural poverty, assuring sustainability, and with special emphasis on improving substandard housing and the desegregation of Roma neighbourhoods;
Amendment 27 #
2010/2276(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls onRequests the Commission to establish a special body to monitor Member States’ performance in absorbing EU funds, and also calls urgently fornsure the collection of data, taking into consideration the data protection directives, on the effectiveness of EU funds, in order to develop evidence- based policies;
Amendment 43 #
2010/2276(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to gradually introduce compulsory institutional guarantees for the mainstreamingensure the correct implementation of non- discrimination and anti-segregation measures, and also to monitor such mainstreamingimplementation;
Amendment 75 #
2010/2276(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that complex programmes adapted to the specific needs of Roma communities are crucial, and that in this context there is a need to provide the Roma with access to personalised services on the site;
Amendment 90 #
2010/2276(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States and the Commission to frame clear policies for the inclusion of the Roma in the labour market, and to devise and adopt measures to combat the adverse effects of prolonged dependence on the social welfare system;
Amendment 94 #
2010/2276(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages the Member States and the Commission to sponsor initiatives to ensure the inclusion of Roma children, from an early age, through forms of assistance aimed at ensuring the social inclusion of the entire family by way of proximity social and educational services for families at risk of exclusion;
Amendment 8 #
2010/2273(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
(Aa) whereas the right to live and work in another country of the Union is one of the Union's fundamental freedoms, a basic component of Union citizenship recognized by the Treaties, yet according to statistics and notwithstanding specific initiatives to support workers' mobility, there are still too few people taking advantage of this right,
Amendment 14 #
2010/2273(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
(Bb) whereas promoting mobility of workers is a positive contribution to reaching the employment objectives set in the Europe 2020 Strategy; invites the Commission to include labour mobility in the flagship initiatives and the Member States to include labour and geographical mobility dimensions when designing their National strategies and reform programs;
Amendment 18 #
2010/2273(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
(Ca) whereas the recent evolution of our societies notably due to industrial change, globalization, new work patterns, demographic change, and the development of means of transport, call for a higher degree of mobility among workers,
Amendment 21 #
2010/2273(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
(Ea) whereas in times of economic crisis professional and geographical mobility of workers can help reduce unemployment by matching labour supply with demand, can contribute to job creation opportunities, to adapting the economy, the society and the demography to structural changes, and to promoting economic growth and EU's competitiveness,
Amendment 48 #
2010/2273(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to produce a scoreboard presenting the obstacles faced by Union workers wishing to make use of their right to free movement and how they are being tackled in the Member States, so as to assess whether such obstacles are dealt with thoroughly and effectively;
Amendment 57 #
2010/2273(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission and the Member States to guarantee, taking into account subsidiarity, the correct implementation of the existing legislation on non-discrimination, to take practical measures to enforce the principle of equal treatment of mobile workers, and to fight prejudice, racism and xenophobia;
Amendment 63 #
2010/2273(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on a greater coordination between the European Institutions and the national ones to better inform and provide assistance to the citizens and monitor how the right of free movement of workers is being transposed into practice and used by individuals in order to accelerate the implementation of labour mobility;
Amendment 99 #
2010/2273(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages the Commission to pursue its initiatives aimed at promoting the geographical mobility of young people through learning mobility schemes, using all the designated programs related to the topic;
Amendment 123 #
2010/2273(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for greater dialog and coordination among national and regional authorities as they are usually the first source of information for many citizens due to their proximity and knowledge of citizens needs, and greater involvement of the social partners;
Amendment 132 #
2010/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes the view that active labour market policies, and in particular vocational training and life-long learning, must be reinforced as they can contribute to increasing labour mobility, facilitate transitions in times of structural unemployment, and allowing workers to adapt to labour market changes;
Amendment 135 #
2010/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that skills and knowledge will foster workers'’ mobility, and requests the Commission to develop a roadmap for demands for skills and a mid- and long- term assessment regarding future jobs where a match between demand and supply of skills can be provided;
Amendment 11 #
2010/2245(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of information and communications technology (ICT) in all innovative activity, recommends promoting the widespread use of ICT, promoting R&D in this field, favouring open-source codes and thus facilitating greater participation by citizens and SMEs in the development of applications and new services; reminds that support to businesses producing content through the use of ICT will also help to create and maintain jobs and competitiveness;
Amendment 6 #
2010/2239(INI)
Motion for a resolution
Recital A
Recital A
A. whereas people are entering the labour force at a later age due to unemployment rates that particularly affect poorly qualified young people, or due to longer and higher education, and on average people leave the labour market earlier than the legal pension age, and longevity is increasing,
Amendment 80 #
2010/2239(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that long-term investment in pension systems requires a positive approach as part of economic governance and more particularly in the Stability and Growth Pact; calls on the competent bodies in the Member States to promote social inclusion and combat undeclared work in order to improve the balance of pension systems;
Amendment 104 #
2010/2239(INI)
Motion for a resolution
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Calls on the Institutions to encourage Member States to stimulate consistent and targeted social policies for families in order to help them perform their procreative function and enhance intergenerational solidarity;
Amendment 157 #
2010/2239(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that Member States are themselves responsible for making adequate pension provision for their citizens as part of their social and economic policies and that those Member States should be encouraged to put in place a minimum old-age pension for all, putting the emphasis on those who are most vulnerable, especially disabled people;
Amendment 300 #
2010/2239(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that there is a need to reinforce mutual recognition between the Member States of training courses which could improve the match between supply and demand on the job market at European level, thus helping to meet the EU 2020 strategy target of a 75% employment rate;
Amendment 315 #
2010/2239(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States to put measures in place to protect workers' health and safety at work as soon as they enter the job market;
Amendment 5 #
2010/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the need to reduce the inequalities faced by practitioners in the cultural and creative sector and to fight discrimination in these sectors, especially as regards pay, jobs that match the level of qualifications, and social security; calls on the Member States toCommission to take measures aimed at introduceing changes to their Member States’ social security systems to meet the needs of practitioners in the cultural and creative sectors, laying down criteria which meet territorial mobility requirements and take due account of the discontinuity of employment specific to this sector;
Amendment 20 #
2010/2156(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it essential to focus attention on the special employment status of workers in the knowledge, creative and cultural sectors, whose importance to innovation in the EU economy has been emphasised as it should, but without sufficient account being taken of specific features and circumstances stemming from the mobility and discontinuity of employment in such occupations; calls on the Commission, therefore, to give further consideration to such aspects and put forward relevant proposals;
Amendment 53 #
2010/2156(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 54 #
2010/2156(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Requests that the Commission call on Member States to expand the framework for recognition of professional qualifications and training courses, not least with a view to including the new skills required in the CCI sector;
Amendment 62 #
2010/2156(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Requests that the Commission call on Member States to support art education and creativity; calls on the Commission, in particular, to include in existing programmes, especially Erasmus, Comenius and MEDIA, specific measures for artists, art school students and teachers and young creative worker, providing for various forms of exchanges, tutoring, mobility and residencies;
Amendment 67 #
2010/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that a highn appropriate level of social protection, and in particular unemployment insurance, is necessary to provide a guaranteed income for those periods without employment natural to the cultural and creative sector, and enable personal and collective emancipation.
Amendment 56 #
2010/2112(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the EFSA (European Food Safety Authority) has a major role to play in the assessment and notification of all risks associated with the food chain as part of a set of measures designed to protect the health and wellbeing of the public; hopes that all Member States will set up corresponding national bodies to collaborate with the European Food Safety Authority;
Amendment 2 #
2010/2080(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in the face of this ambitious plan and the huge achievements already made by the EU in this field, it is time to stand back and reflect on what we are doing in the field of civil law with a view primarily to adopting a more strategic and less fragmented approach based on the real needs of citizens and businesses when exercising their rights and freedoms in the single market, and taking account of the difficulties of legislating in an area of shared competence where harmonisation is only infrequently an option and there is a need to accommodate radically different legal approaches, but also to conceptualising the Union's approach to this area in order better to understand what we are seeking to accomplish and how best to tackle the problems that have to be confronted, as part of an overall plan; whereas it is essential to focus in the first place on ensuring the functionality of the measures that have already been put in place and consolidating the progress that has already been made,
Amendment 5 #
2010/2080(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where standardisation is desirable, if not essential – e.g. in the area of consumer protection, but recourse to which is limited in the AFJS; secondly, there are forward- looking projects such as the CFR which aim at achieving common legal concepts and could be of great assistance, for instance, in the case of contracts concluded via the internet; consideration should also be given to the so-called optional 28th regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 7 #
2010/2080(INI)
Motion for a resolution
Recital Fa (new)
Recital Fa (new)
Fa. whereas drafting a European Contract Law will be one of the most important initiatives for the AFSJ in the coming years and may result in a so- called optional 28th civil law regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 9 #
2010/2080(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the co-existence of different legal systems within the Union should be seen as a strength, not a weakness: after all, its two great legal families have been adopted by or served as an inspiration for legal systems all over the world which served as an inspiration for legal systems all over the world; however, divergences between legal systems should not constitute a barrier for the further development of European law; whereas the ability to comprehend and manage our differences can only come from a European judicial culture which needs to be nurtured through the sharing of knowledge and communication, the study of comparative law and by a radical shift in the way law is taught in the universities and judges participate in their training and professional development, as explained in Parliament's resolution of 17 June 2010, including additional efforts in order to overcome linguistic barriers,
Amendment 12 #
2010/2080(INI)
Motion for a resolution
Recital J
Recital J
Amendment 13 #
2010/2080(INI)
Motion for a resolution
Recital K
Recital K
Amendment 16 #
2010/2080(INI)
Motion for a resolution
Recital Ma (new)
Recital Ma (new)
Ma. whereas the Commission must make sure that the Stockholm Action Plan truly reflects the needs of individual citizens and business, particularly small and medium-sized enterprises, for more Europe (in respect of mobility, employment rights, the needs of business, equal opportunities) while promoting legal certainty and access to rapid and efficient justice,
Amendment 17 #
2010/2080(INI)
Motion for a resolution
Recital Mb (new)
Recital Mb (new)
Mb. whereas in this context ever - increasing attention must be paid to simplifying the machinery of justice and the judicial system and securing clearer and more accessible procedures bearing in mind the need to save costs, particularly in the present economic climate,
Amendment 18 #
2010/2080(INI)
Motion for a resolution
Recital Mc (new)
Recital Mc (new)
Mc. whereas no EU measure relating to judicial cooperation in the area of civil law and, in particular, family law where there are transnational implications should exert direct, or even indirect, influence on Member States' powers to define and regulate marriage,
Amendment 19 #
2010/2080(INI)
Motion for a resolution
Recital Md (new)
Recital Md (new)
Md. whereas the emphasis laid on free choice by the parties in recent EU initiatives on the sensitive issue of family law with transnational implications entails the risk, unless clear restrictions are applied, of opening the door to the unacceptable practice of 'jurisdiction shopping,
Amendment 20 #
2010/2080(INI)
Motion for a resolution
Paragraph 2a (new)
Paragraph 2a (new)
2a. Calls on the Commission to take stock as a matter of urgency, by means of an ex post impact assessment, of the measures which have already been adopted in the field of civil and family law with a view to appraising their effectiveness and ascertaining to what extent they have proved successful in achieving their aims and satisfying the needs of citizens, business and practitioners; considers that at the same time a survey should be carried out covering in particular national Ministries of Justice, the legal professions, the business community and consumer organisations, in order to ascertain in what areas new measures in the field of judicial cooperation in civil matters are necessary and desirable;
Amendment 24 #
2010/2080(INI)
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Bearing in mind the ambitious goal of the Stockholm programme to offer European training schemes to half of the judges, prosecutors, judicial staff and other professionals involved in European cooperation before 2014, and its call that for this purpose the existing training institutions in particular should be used, calls for the creation without delay of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law to provide such training schemes in the necessary dimension;
Amendment 28 #
2010/2080(INI)
Motion for a resolution
Paragraph 10a (new)
Paragraph 10a (new)
10a. Welcomes the Green Paper of 1 July 2010 on policy options for progress towards a European Contract Law for consumers and businesses[1] and supports the Commission's ambitious initiative towards a European contract law instrument, that can be applied voluntarily by contracting parties; [1] COM(2010)348 final.
Amendment 31 #
2010/2080(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ObservesWelcomes the fact that the Action Plan proposes a legislative initiative for a regulation on improving the efficiency of the enforcement of judgments concerning the transparency of debtors' assets and a similar regulation concerning the attachment of bank accounts; however, stresses the complementary nature of both proposals which should be brought forward as soon as possible;
Amendment 33 #
2010/2080(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsiderStresses that this area is equallyhas important for debtors for whom the financial and reputational consequences of enforcement orders can be serious and whose fundamental rights under Articles 6 and 8 ECHR are likely to be affected; to this extent encourages a preventive recourse to alternative dispute resolution mechanisms;
Amendment 35 #
2010/2080(INI)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Draws the Commission's attention in the field of company law as it is affected by private international law, to Parliament's resolutions of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI), 4 July 2006 on recent developments and prospects in relation to company law, and 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat, and to the judgments of the Court of Justice in Daily Mail and General Trust, Centros, Überseering, Inspire Art, SEVIC Systems, and Cartesio;
Amendment 38 #
2010/2080(INI)
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;
Amendment 52 #
2010/2039(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas introducing and strengthening minimum income schemes is an important and effective way to overcome poverty by supporting social integration and access to the labour market and allowing people to have a decent living,
Amendment 54 #
2010/2039(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas minimum income schemes are an important tool to offer security for people needing to overcome the consequences of social exclusion and unemployment and to support the access to the labour market, whereas such minimum income schemes play a relevant role in redistributing wealth and ensuring solidarity and social justice and, especially in times of crisis, a counter- cyclical role by providing additional resources to strengthen demand and consumption in the internal market,
Amendment 85 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Asks the Commission to present a European framework directive on Minimum Income with the aim to introduce minimum income schemes in the EU, such a directive should: - require all EU Member States to introduce minimum income schemes, - define a minimum standard for the level of the economic supply, taking into account the different socio-economic situations of the Member States and leaving up to the Member States to decide whether to provide only financial assistance or also support for housing costs, purchase of food, clothing and other essentials, - establish methods to monitor the implementation of the directive and introduce incentives, - determine that the social partners, people living in poverty and other relevant stakeholders are to be involved when establishing or reforming the national minimum income schemes;
Amendment 91 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Believes that introducing minimum income schemes in all EU Member States - consisting of specific measures supporting people whose income is insufficient with an economic supply and facilitated access to services - is one of the most effective way to combat poverty, guarantee an adequate standard of living and foster social integration;
Amendment 95 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reiterates that, however important, minimum income schemes need to be accompanied by a coordinated strategy at national and EU level focusing on broad actions and specific measures such as active labour market policies for those groups furthest away from the labour market, education and training for the least skilled, minimum salaries, social housing policies and the provision of affordable, accessible and high quality public services;
Amendment 97 #
2010/2039(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Is convinced that if no agreement is found within the Council on adopting such a directive, the emergence of a group of countries moving ahead in the framework of an enhanced cooperation should be envisaged;
Amendment 137 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission: to prepare an initiative supporting these experiments, taking into account best practices and ensuringdevelop an action plan, meant to accompany the implementation of the European framework directive on Minimum Income in the EU Member States, in order to elaborate: - common standards and indicators on the eligibility and adequate minimum income throughout the European Union as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;ccessibility conditions of the minimum income schemes - criteria to evaluate which institutional and territorial levels - including the involvement of social partners and relevant stakeholders - could be more appropriate to implement the minimum income schemes measures, - common indicators and benchmark for the assessment of results, outcomes and effectiveness of policy against poverty, - to ensure follow up and effective exchange of best practices,
Amendment 54 #
2010/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Given that civil society, the churches, and charities have a long and unbroken tradition of social support and development action, whether aimed at families or at every category of citizens in need, considers that their involvement in planning and carrying out measures of this kind will help to enhance policies centring on social and intergenerational solidarity, thus giving practical expression to the subsidiarity principle;
Amendment 168 #
2010/2027(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to develop a proposal for 2012 as the ‘European Year of Active Ageing and Solidarity between Generations’ which will highlight the contribution that older people make to society and afford opportunities to get younger and older people working together; welcomes the fact that many voluntary organisations have declared 29 April a day of ‘Solidarity between Generations’;
Amendment 176 #
2010/2027(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the family iCalls for the family to be accorded the recognition commensurate with its social value as the cornerstone of our society and isas the agency inherently associated with the transmission of values and with cooperation in a spirit of solidaritymoral values, with the upbringing of, and building character in, the young, with cooperation in a spirit of solidarity, and with the relationship to be fostered between generations; emphasises too that work and family life are rendered compatible in all the Member States through the provision of affordable, high- quality care and education for young children;
Amendment 186 #
2010/2027(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Member States to introduce measures to support parentsenter into permanent long-term commitments to the family, for example entitlement to additional allowances, measures to support mothers, and tax relief for in-company crèches and for voluntary, cooperation, and charitable organisations; likewise, encourages exchanges of proven good practice through the European Alliance for Families;
Amendment 216 #
2010/2027(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Maintains that the implementation of common immigration policies is just one of the key means required in order to tackle the demographic challenge and that such policies have to go hand in hand with policies in support of the family, which must be pursued resolutely and not by fits and starts;
Amendment 220 #
2010/2027(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that migration, combined with successful integration, is one of the ways of coping with demographic change and, that too many people from a migrant background do not yet feel that they belong in the Member States where they live, and that a better balance needs to be struck between security policies and policies to promote the integration of migrants;
Amendment 233 #
2010/2027(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls attention to the severe regional imbalances apparent in terms of demographic change, and the fact that it sets in train processes of migration away from rural and peripheral regions, with the result that structural transformations in social and health care must be envisaged, funding must be made available for them and an intensive exchange of best practices must be undertaken, using a European network to be set up for that specific purpose;
Amendment 1 #
2010/2012(INI)
Draft opinion
Recital A
Recital A
A. whereas the development of e- commerce can improve the competitiveness of the EU economy, in the framework of the Commission's EU 2020 strategy, including the development and promotion of new ways of entrepreneurship for Small and Medium Enterprises,
Amendment 2 #
2010/2012(INI)
Draft opinion
Recital B
Recital B
B. whereas the creation of a ‘Digital Single Market’, facilitating transactions across national borders in an on-line environment for all consumers across the European Union, is an important part of the reinvigoration of the Single Market as it provides citizens with a wider choice of products,
Amendment 3 #
2010/2012(INI)
Draft opinion
Recital D
Recital D
D. whereas neither consumers nor businesses can reap the benefits of thea Digital Single Market since very few on- line retailers sell their products or services to other Member States and most of those sell only to a limited number of Member States,
Amendment 6 #
2010/2012(INI)
Draft opinion
Recital G
Recital G
G. whereas it is crucial to ensure a high level of consumer protection to promote trust in on-line goods and services, ensuring that the online marketplace respects trading practices,
Amendment 11 #
2010/2012(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on public authorities to quickly act against rogue websites by paying greater attention to consumer rights, including measures aimed at putting in place labels for safe and secure websites and ensuring that companies providing sponsored advertising services do not advertise illegal websites;
Amendment 12 #
2010/2012(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a proposal from the Commission to address appropriate actions or sanctions regarding e-commerce in counterfeit goods and medicines, including labels for safe and secure websites such as certification systems for authorized pharmacies;
Amendment 15 #
2010/2012(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises that in matters concerning tax legislation, including Value Added Tax (VAT), remains within the competence of individual Member States and subsidiarity should be respected in this regard;
Amendment 17 #
2010/2012(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the importance of eliminating discrimination against consumers on-line and their country of origin on-line, by making provisions for on-line payment from all 27 EU Member States, including the possibility for consumers to have a choice among different means of online payment;
Amendment 20 #
2010/2012(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Reminds the Commission that there are still gaps in the legal framework for on-line services and calls on the Commission to come forward with targeted legislative proposals in order to strengthen consumer access to productsand trust in products and services traded online;
Amendment 22 #
2010/2012(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to assess whether the creation of a portal for e- commerce monitored by the Commission involving stakeholders and Member States could better contribute to the dissemination of best practices and information and therefore enhance consumer trust and increase cross-border e-commerce;
Amendment 23 #
2010/2012(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages the recourse to alternative dispute resolution mechanisms with the option of have recourse to them through an online procedure, accessible without delay through the European e- Justice portal as and when it becomes available.
Amendment 2 #
2010/0384(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas it had quickly become clear that some Member States had specific problems which made it impossible for them to accept the proposed regulation; whereas, in particular, some Member States were unable to accept the translation arrangements for the Community patent, which led the Council to conclude that, on account of the translation regime issue, it would bethe Council was unable to reach a political agreement on the Commission proposal, due to the lack of a unanimous consensus,
Amendment 4 #
2010/0384(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas despite considerable efforts and several rounds of negotiations undertaken by the Council in 2010, it was confirmed at the Competitiveness Council meeting on 10 December 2010 that insurmountable difficulties existed making a decision on the translation arrangements requiring unanimity impossible problematical now and in the foreseeable future and that the objectives of the proposed Regulations to establish a unitary patent protection in the entire European Union could not be attained within a reasonable period by applying the relevant provisions of the Treaties, whereas the Parliament considers it important that the Commission does not abandon its efforts to reach a comprehensive agreement on the EU patent,,
Amendment 8 #
2010/0384(NLE)
Motion for a resolution
Recital O
Recital O
Amendment 11 #
2010/0384(NLE)
Motion for a resolution
Recital R
Recital R
Amendment 13 #
2010/0384(NLE)
Motion for a resolution
Recital S
Recital S
Amendment 16 #
2010/0384(NLE)
Motion for a resolution
Recital T
Recital T
T. whereas the requirements of Articles 326 to 334 TFEU are also satisfied; whereas enhanced cooperation will facilitate the proper functioning of the internal market by eliminating obstacles to free movement of goods, helping to tackle patent infringements, possibly increasing the number of inventors seeking patent protection throughout the Union, providing equal access to unitary patent protection to all inventors, innovative companies and patent-holders whether they come from participating Member States or non-participating Member States, providing an additional instrument available to all patent-holders in the Union, improving the framework conditions for innovative businesses throughout the Union, and eliminating, among participating Member States, the current fragmentation where patent right "borders" exist between Member States,
Amendment 18 #
2010/0384(NLE)
Motion for a resolution
Recital V
Recital V
Amendment 22 #
2010/0384(NLE)
Motion for a resolution
Recital X
Recital X
X. whereas Article 328(1) TFEU provides that enhanced cooperation is to be open at any time to all Member States that wish to participate; whereas the Commission should promote from the beginning participation of as many Member States as possible,
Amendment 60 #
2010/0242(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The Commission emphasised it its Communication on ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ the importance to the European Union of promoting a healthy and active ageing population in the interests of social cohesion and higher productivity. It proposed a flagship initiative ‘An agenda for new skills and jobs’, under which Member States should notably promote active ageing policies, and a flagship initiative on a ‘European Platform against Poverty’. Achieving these policy goals requires action from all levels of government and various non- governmental stakeholders; they can in turn be supported, at the Union level, by European Year activities aimed at raising awareness and fostering the exchange of good practice. National coordinators should see to it that national action is coordinated and is consistent with the overall objectives of the European Year. The participation and full involvement of other institutions and stakeholdersother social players already operating in the sector, in the programming and implementation of social support and development measures, is also planned.
Amendment 61 #
2010/0242(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) The European Year should ideally result in the creation of a European network for the exchange of experiences and the various solutions adopted at national and local level in the sector in question.
Amendment 82 #
2010/0242(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15a) The irreplaceable value of the family as a natural and fundamental social unit should be recognised when putting the initiatives associated with the European Year into practice, as should its prime role in the education, training and upbringing of young people, and in the development of intergenerational solidarity.
Amendment 83 #
2010/0242(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15a) The initiatives concerning demographic ageing associated with the European Year should stimulate thought on how to renew social protection and solidarity systems, with the full participation of the social partners, civil society and non-profit organisations.
Amendment 121 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) to offer a framework for commitment and concrete action to enable Member States and stakeholders at all levels to develop policies through specific activities and to commit toadopt specific measures in connection with specific objectives related to active ageing.
Amendment 125 #
2010/0242(COD)
Proposal for a decision
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) to promote the introduction of consistent structural policies on the family which can have a meaningful impact on the demographic trend; these could take the shape of measures in support of motherhood, child education, the reconciliation of work and family life and the upgrading of the work older people do for the family, in a perspective of the exchange of culture and values between older persons and the young.
Amendment 73 #
2010/0210(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the absence of a system for declaring collective agreements of universal application, Member States may base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory, in accordance with national law and practice.
Amendment 86 #
2010/0210(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to third- country nationals who reside outside the territory of the Member States and apply to be admitted to the territory of a Member State for the purpose of employment as seasonal workers. The Member States shall also define the nature and period of seasonal work within their territory.
Amendment 100 #
2010/0210(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
f) ‘universally applicable collective agreement’ means a collective agreement which must be observed by all undertakings in the geographical area and in the profession or industry concerned. In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory, in accordance with national law and practice.
Amendment 107 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States mayshall verify whetherthat the vacancy concerned could annot be filled by national or EU, or by third-country nationals lawfully residing in the Member State and already forming part of its labour market by virtue of EU or national law and reject the application.
Amendment 117 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessivdequate accommodation that is affordable in relation to this or heir remuneration.
Amendment 139 #
2010/0210(COD)
Proposal for a directive
Article 16 – point 1 – subparagraph 2
Article 16 – point 1 – subparagraph 2
In the absence of a system for declaring collective agreements to be of universal application, Member States may, if they so decide, base themselves on collective agreements which are generally applicable to all similar undertakings in the geographical area and in the profession or industry concerned, and/or collective agreements which have been concluded by the most representative employers' and labour organisations at national level and which are applied throughout national territory, in accordance with national law and practice.
Amendment 94 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position within the structure of a company, who principally directs the management of the host entity, receiving general supervision or direction principally from the board of directors or stockholders of the business or equivalent; this position includes: directing the host entity or a department or sub-division of the host entity, or being responsible for supervision of a specific major project, supervising and controlling the work of other supervisory, professional or managerial employees, having the authority personally to hire and dismiss or recommend hiring, dismissing or other personnel actions;
Amendment 97 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person possessing uncommon knowledge essential and specific to the host entity, taking account not only of knowledge specific to the host entity, but also of whether the person hasspecific and fundamental to the host entity, as far as possible certified by possession of a high level of qualification referring to a type of work or trade requiring specific technical knowledge;
Amendment 162 #
2010/0209(COD)
Proposal for a directive
Article 14 – point 1 a (new)
Article 14 – point 1 a (new)
1a. A basic salary at least equivalent to that accorded to a Union citizen performing the same profession or task in the host Member State; the employer may supplement this salary withy an allowance to enable the transferred worker to meet the expenses inevitably incurred as a result of the transfer.
Amendment 6 #
2009/2177(INI)
Draft opinion
Recital B
Recital B
B. whereas profits generated in the financial sector have been disconnected from economic growththe real economy, with disproportionately high remunerations, based solely on shareholder profits, creating immoral risks with employees’, savers’ and investors’ money,
Amendment 9 #
2009/2177(INI)
Draft opinion
Recital D
Recital D
D. whereas, despite being largely responsible forthe bonus system, which also had an impact on the current crisis, the bonus system has been maintained and financial sector pressure groups are resisting any financial legislation,
Amendment 10 #
2009/2177(INI)
Draft opinion
Recital E
Recital E
E. whereas workers should be given new rights in respect of the management of their firmsexisting legislation on information and consultation of workers as regards management of their firms must be correctly implemented so as to make possible a genuine dialogue with management and a clear definition of the firms’ remunerations and objectives,
Amendment 13 #
2009/2177(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the world needs a new social and environmbusiness model based on prudential business model based on the long term which takessupervision systems. In the long term the greatest attention to social and environmental needs is necessary, taking into account the general interest and the interest of the workers and employers; believes that the financial sector should respond to the needs of the real economy and demonstrate greater social responsibility, in particular by using employment- and training- friendly resources;
Amendment 21 #
2009/2177(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for proportionality of remuneration within companies by linking changes in the overall remuneration and pensions of directors to those of staff and by discouraging excessive risk-taking, and, for reasons of social justice, wishes to see the salaries, bonuses and pensions of the directors of companies receiving aid from the Member States or from the European Union capped and made subject to high and progressive taxationappropriate governance control based on adequate information rights;
Amendment 33 #
2009/2177(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for new national supervisory authorities to be giving binding powers to ensure compliance with these principles, and for aid to be subject to commitments on jobs, training and working conditions of sound financial management;
Amendment 36 #
2009/2177(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that, during the process of economic renewal, in addition to supporting the real economy, measures for the protection of jobs, training and working conditions are of major importance and should be taken into account by all stakeholders;
Amendment 37 #
2009/2177(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Draws attention to the importance of ensuring that the regulation of financial incentives and remuneration structures in this sector does not adversely affect trade union organisations’ right to collective bargaining; calls for this point to be specified in the actual text of Directive 2006/49/EC, not merely in the preamble;
Amendment 41 #
2009/2177(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for complete transparency for employees and citizens with regard to remuneration policies for directors and ain accordance with national and EU legislation. Recalls the right to information, supervision and consultation for employees and their trade union organisations through works councils and group works councils;
Amendment 42 #
2009/2177(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for employees’ representatives, in all cases, to have a say in the setting and supervising of directors’ remunerations, irrespective of the various management,fficient implementation of the rules on consultation and employee participation systems opted for in the context of Directive 2001/86/EC supplementing the Statute for a European Company with regard to the involvement of employees.
Amendment 33 #
2009/0144(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The objective of the Authority shall be to contribute to: (i) improving the functioning of the internal market, including in particular a high, effective and consistent level of regulation and supervision, (ii) protecting protect investors, (iii) ensuring the integrity, efficiency and orderly functioning of financial markets, (iv) safeguarding the stability of the financial system, and (v) strengthening international supervisory coordination whilst taking into account of the need to enhance competition and innovation within the internal market and to ensure global competitiveness. For this purpose, the Authority shall contribute to ensuring the consistent, efficient and effective application of the Community law referred to in Article 1(2) above, fostering supervisory convergence and providing opinions to the European Parliament, the Council, and the Commission.
Amendment 34 #
Amendment 35 #
2009/0144(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The standards shall be adopted by the Commission by means of Rregulations or Ddecisions and published in the Official Journal of the European Unions delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. The word "delegated" shall be inserted in the title of those acts. The standards adopted pursuant to this Article shall enter into force only if no objection has been expressed by the European Parliament or the Council within a period of three months.
Amendment 36 #
2009/0144(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 37 #
2009/0144(COD)
Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 1
Article 9 – paragraph 6 – subparagraph 1
6. Without prejudice to the powers of the Commission under Article 22658 of the Treaty on the Functioning of the European Union, where a competent authority does not comply with the decision referred to in paragraph 4 of this Article within the period of time specified therein, and where it is necessary to remedy in a timely manner the non- compliance by the competent authority in order to maintain or restore neutral conditions of competition in the internal market or ensure the orderly functioning and integrity of the financial system in cross-border activities, the Authority may, where the relevant requirements of the legislation referred to in Article 1(2) are directly applicable to financial market participants, adopt an individual decision addressed to a financial market participant requiring the necessary action to comply with its obligations under Community law including the cessation of any practiceUnion law including the cessation of any practice. Before adopting an individual decision, the Authority shall inform the Commission thereof. The Commission shall ensure that the right to be heard of the addressees of the decision is respected. The Authority and the competent authorities shall provide the Commission with all necessary information. Within two weeks of receipt of the draft decision of the Authority, the Commission shall decide whether to endorse the draft decision. The Commission may not extend that period. The Commission may endorse the draft decision only in part or with amendments where the Union interest so requires. Where the Commission does not endorse the draft decision or endorses it in part or with amendments, it shall inform the Authority without delay via a formal opinion. Within one week, the Authority shall review and adapt its decision to the Commission's formal opinion and transmit it without delay to the Commission. Within one week of receipt of the amended decision of the Authority, the Commission shall decide whether to endorse it or reject it. If the amended decision is rejected by the Commission, the decision shall be deemed not to have been adopted.
Amendment 42 #
2009/0144(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Without prejudice to the powers of the Commission under Article 22658 of the Treaty on the Functioning of the European Union, where a competent authority does not comply with the decision of the Authority, and thereby fails to ensure that a financial market participant complies with requirements directly applicable to it by virtue of the legislation referred to in Article 1(2), the Authority may adopt an individual decision, in accordance with the procedure laid down in Article 9(6), addressed to a financial market participant requiring the necessary action to comply with its obligations under CommunityUnion law, including the cessation of any practice.
Amendment 1 #
2009/0054(COD)
Proposal for a directive
Recital 18
Recital 18
18. This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement contract term or practice mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this Directive, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse. In accordance with the academic Draft Common Frame of Reference, any contract term or practice grossly deviating from good commercial practice, contrary to good faith and fair dealing should be considered unfair. This Directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor.
Amendment 2 #
2009/0054(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters1 already sets a framework for systems of mediation at Union level. __________________ 1 OJ L 136, 24.5.2008, p. 3.
Amendment 3 #
2009/0054(COD)
Proposal for a directive
Article 6 – title and paragraph 1 – subparagraph 1
Article 6 – title and paragraph 1 – subparagraph 1
Grossly unfair contractual clauses Unfair contract terms and practices 1. Member States shall provide that a clauseterm in a contract or a practice relating to the date or period for payment, the rate of interest for late payment or compensation for recovery costs shall either be unenforceable orand shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grosslyterm or practice is unfair to the creditor, within the meaning of subparagraph 1, all circumstances of the case shall be considered, including good commercial practice and: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service. Account shall also be taken of; and (c) whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b). (The deletion of the word "grossly [unfair]", the introduction of the word "term" and the introduction of the word "practice" apply throughout the text. Adopting this amendment will necessitate corresponding changes throughout.)
Amendment 4 #
2009/0054(COD)
Proposal for a directive
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. Member States shall ensure that an enforceable title can be obtained, through an expedited procedure and irrespective of the amount of the debt, within 90 calendar days of the lodging of the creditor's action or application at the court or other competent authority, provided that the debt or aspects of the procedure are not disputed. 2. National legislation, regulations and administrative provisionsThis duty shall be carried out by Member States in conformity with their respective national legislation, regulations and administrative provisions. In this respect, creditors shall be given the possibility to have recourse to a widely accessible online claims system. 2. National legislation, regulations, administrative provisions and the online claims system referred to in paragraph 1 shall apply the same conditions for all creditors who are established in the Community.
Amendment 5 #
2009/0054(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Mediation and Codes of Good Conduct 1. Members States shall promote the adoption of systems to solve conflicts though mediation, involving inter alia the organisations referred to in Article 6(3). 2. Member States and the organisations referred to in Article 6(3), with the support of the Commission, shall draw up and disseminate codes of good conduct with appropriate complaints mechanisms, negotiated at national or Union level, and designed to contribute to the proper implementation of this Directive.
Amendment 16 #
2009/0054(COD)
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, with the option of pursuing such claims against businesses and public authorities through a widely accessible online procedure, available under the same conditions for all creditors established in the Union, including, without delay, through the European e-Justice portal as and when it becomes available.
Amendment 90 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/15/EC
Article 4 – point b a (new)
Article 4 – point b a (new)
3a. The following point (ba) is inserted into Article 4: “the fixed period of working time referred to in Article 3(a)(2) shall be equal to 3 hours per week”.