Activities of Rafał TRZASKOWSKI

Draft opinion
Paragraph 1

1. Stresses the need for a specific budget line for ~~the~~informing about the European elections; calls for the campaign to inform citizens about their electoral rights, ~~drawing attent~~the impact of the Union ton the ~~impact of EU on citizens' daily life~~ir daily life and the role of the European Parliament as the institution that represents them directly at the European level; stresses the need to make this communication in all languages of the Union;

2013/05/08
Committee: AFCO

2013/2017(BUD)

Draft opinion
Paragraph 5

5. ~~Acknowledges the rol~~Stresses the importance of the European political parties for European democracy ~~and condemns as undemocratic any attempt to discriminate economically between such parties~~; calls for their enhanced role in the European political life, supported by an adequate and fair funding;

2013/05/08
Committee: AFCO

2013/2017(BUD)

Draft opinion
Paragraph 7

7. Stresses that the administrative costs within the EUnion in times of austerity ~~need to reflect the reality that European citizens live under; approves, therefore, the suggestions of lowering the expenditure on payments for EU staff as proposed by the Council~~should be rationalized and thoroughly examined with a view of finding savings that would not hamper however effectiveness of the Union institutions in implementing tasks assigned to and expected from them.

2013/05/08
Committee: AFCO

2013/0213(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

The Commission shall require that the European standard for the semantic data model of the core electronic invoice be technologically neutral, and guarantee personal data protection in accordance with Directive 95/46/EC. This standard should be reviewed no less often than once every three years.

2013/11/15
Committee: IMCO

2013/0213(COD)

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

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 4836 months following the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.

2013/11/15
Committee: IMCO

2013/0089(COD)

Proposal for a directive
Article 10 – paragraph 5

5. The proprietor of a registered 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 Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.

2013/09/30
Committee: IMCO

2013/0089(COD)

Proposal for a directive
Article 52 – paragraph 1

Member States shall ensure that the offices may cooperate with each other and with the Agency in order to promote convergence of practices and tools and achieve coherent results in the examination and registration of trade marks.

2013/09/30
Committee: IMCO

2013/0089(COD)

Proposal for a directive
Article 53 – paragraph 1

Member States shall ensure that the offices may cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union.

2013/09/30
Committee: IMCO

2013/0049(COD)

Proposal for a regulation
Article 7

Article 7 Indication of the origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.deleted

2013/09/16
Committee: IMCO

2013/0049(COD)

Proposal for a regulation
Article 18 – paragraph 2

2. The penalties referred to in paragraph 1 shall have regard to the ~~size of the undertakings and in particular to the situation of small and medium-sized enterprise~~annual turnover of the undertakings. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.

2013/09/16
Committee: IMCO

2012/2829(RSP)

Motion for a resolution
Recital B

~~B. overall turnout in the elections to Parliament has fallen from 63 per cent in 1979 to 43 per cent in 2009;~~deleted

2012/11/07
Committee: AFCO

2012/2829(RSP)

Motion for a resolution
Paragraph 2

2. Calls for at least half the members of the next Commission to be drawn from Members of the European Parliament elected in 2014 thereby reflecting the balance between the two chambers of the legislature; calls on the political groups and parties to ensure such a composition;deleted

2012/11/07
Committee: AFCO

2012/2223(INI)

- having regard to the decision to resolve the WEU Assembly;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 2 a (new)

(to new paragraph introduced in the draft opinion) 2a. Notes the new strategic concept of NATO in which, in addition to its role as a wartime military alliance, it aims to build its capacity to act as a political and security community, working in partnership with the EU; observes the close similarities between NATO's goals and those laid down in Article 43 TEU (formerly the Petersberg Tasks); warns therefore against the costly duplication of effort and the wasting of resources between the two organisations, and urges much closer regular collaboration between the EU High Representative and the Secretary-General of NATO for the purposes of risk assessment, resource management, policy planning and execution of CSDP operations, both civil and military; Highly regrets that the prospects for the two organisations to cooperate more effectively, especially under the 'Berlin Plus' arrangements are hijacked by a political blockade, calls for an immediate solution of this problem;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 2 b (new)

(to new paragraph introduced in the draft opinion) 2b. While re-affirming that protection of territorial integrity and its citizens remains at the core of the defence policy, urges the Council to emulate the approach of NATO, which caters for the inevitable circumstances where preventing external threats is required to promote the security interests of the allies ad the projection of force is needed;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 4

4. Points out the wide array of instruments available to the Union and the Member States to face exceptional occurrences in a spirit of solidarity, such as the Civil Protection Mechanism, the Solidarity Fund, and the possibility to grant economic and financial support in cases of severe difficulties, as provided for in Article 122 TFEU; also recallsneed for EU to develop further a comprehensive approach to address global threats and challenges drawing on the wide range of instruments at its and the Member States' disposal, including-as the last resort-military means; reminds also of the commitment to develop mutual political solidarity in foreign and security policy in accordance with Article 24 TEU; stresses that the purpose of the mutual defence and solidarity clauses is not to replace any of these instruments, but to complement them in view of situations of extraordinary threat or damage, and in particular when response will require high-level political coordination and the involvement of the military;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 6

6. Reminds the Member States of their unequivocal obligation pursuant to Article 42.7 TUE of aid and assistance by all the means in their power if a Member State is the victim of armed aggression on its territory; stresses that, while large-scale aggression against a Member State appears improbable in the foreseeable future, both traditional territorial defence and defence against new threats need to remain high on the agenda; recalls also that the Treaty stipulates that, for the EU countries that are members of the North Atlantic Treaty Organisation, NATO remains the foundation of their collective defence and the forum for its implementation, and that commitments and cooperation in the area of mutual defence must be consistent with commitments under NATOrecalls also that the large majority of EU states are members of NATO and that, accordingly, the Union's common security and defence policy must be compatible and consistent with commitments under NATO whiles respecting autonomy of the EU; takes good note of the specific character of the security and defence policies of those EU states which are not members of NATO, but observes nevertheless that the EU's mutual assistance clause should never be activated without having consulted NATO and sought its engagement;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 7

7. Points out, at the same time ~~the~~, and equally important, the need to prepare for situations involving non-NATO EU Member States or EU Member State territories outside the North Atlantic area, and therefore not covered by the Washington Treaty, or situations where no agreement on collective action is reached within NATO also as to the use of its capabilities as foreseen in the Berlin Plus agreement;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 10

10. Reiterates its call for systematic harmonisation of military requirements and a harmonised EU defence planning and acquisition process, matching up to the EU’'s level of ambition and coordinated with the NATO Defence Planning Process; taking into account the increased level of security guarantees provided by the mutual defence clause, encourages the Member States to consider multinational cooperation on capability development and, where appropriate, geographical and role specialisation as core principles of their defence planning;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 15

15. ~~Stresses the need to prevent any moral hazard, in that some~~Calling for Members States ~~may be tempted to excessively rely on the solidarity of others while under-investing~~to invest properly in their ~~own~~ security and disaster response capabilities~~; emphasise~~ stresses the need to ensure equitable burden sharing among them; emphasises that it is the primary responsibility of Member States ~~for~~to ensure civil protection and security in their territory;

2012/09/24
Committee: AFCO

2012/2223(INI)

Motion for a resolution
Paragraph 16

16. Takes the view that the solidarity clause should be invoked in situations that overwhelm the capacities of the affected Member State or require a multi-sector response involving a number of actors; stresses that solidarity also means the obligation to invest in adequate national and European capabilities;

2012/09/24
Committee: AFCO

2012/2124(REG)

Parliament's Rules of Procedure
Article 81 – paragraph 1 a (new)

1a. The committee responsible shall deal with the request for consent without undue delay. If the committee responsible has not adopted a recommendation within six months after the request for consent has been referred to it, the Conference of Presidents may either place the matter on the agenda of the next part-session for consideration or, in a duly substantiated case, decide to extend the six-month period.

2013/11/07
Committee: AFCO

2012/2103(INI)

Draft opinion
Paragraph 5

5. Points out that CO2 capture, transport and storage projects leave behind dangerous waste material that has to be stored; believes that the Commission relies too much on this technology; calls on the Commission to draw up a mid-term report evaluating the results obtained from the use of EU-subsidised experimental carbon capture and storage technologies for coal-fired power stations;deleted

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 a (new)

9 a. Calls on the Commission to implement and execute in an effective manner EU internal market and competition rules vis-à-vis all energy sector undertakings operating on the territory of the Union; welcomes, in this respect, the recent investigation into anticompetitive behaviour by Gazprom and its European subsidiaries;

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 b (new)

9 b. Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities in relations with its neighbours with view to establishing a common legal area based on the acquis-related principles and norms of the internal energy market;

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 c (new)

9 c. Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short and medium term with a view to securing energy supply; reiterates that for some regions and Member States this challenge is closely linked with a single third country gas and oil import dependency; acknowledges that meeting this challenge requires, inter alia, the completion of the single market in energy and a strengthened role for indigenous energy resources such as shale gas;

2012/11/07
Committee: IMCO

2012/2080(REG)

Parliament's Rules of Procedure
Article 181 – paragraph 1

1. A verbatim report of the proceedings of each sitting shall be drawn up ~~in all the official languages~~as a multilingual document in which all oral contributions appear in their original language. It shall be translated into English only.

2012/07/06
Committee: AFCO

2012/2080(REG)

Parliament's Rules of Procedure
Article 181 – paragraph 3

3. The multilingual verbatim report and the English translation thereof shall be published as an annex to the Official Journal of the European Union and preserved in the records of Parliament.

2012/07/06
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Recital A

A. whereas differentiation is a constitutive feature of the process of European integration and a means to ~~allow~~facilitate its progress and guarantee substantial respect for the principle of equality~~, understood as the equal treatment of equal situations and the unequal treatment of unequal situations~~;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Recital C

C. whereas differentiation must not undermine Union citizenship, which is the fundamental status of Member States' nationals, enabling those who find themselves in the same situation to enjoy, within the scope of the Treaty, the same treatment in law, irrespective of their nationality; (comma)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Recital E

E. whereas differentiation may be resorted to where common action is not possible or rfea~~cha~~sible;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Recital F

F. whereas differentiation is and should always be embedded in the single institutional framework of the European Union;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Recital S

S. whereas international agreements outside of the Treaties which aim at realising the objectives of the Treaties have been used as an absolute ultima ratio instrument for differentiated integration ~~which has to respect the unity, effectiveness and coherence of the European legal order, having to remain open for all Member States willing to join, and either already integrated or~~ providing for an obligation to integrate the content of the international agreement concerned into the Treaties; (Repetition, included already in paragraphs B, D, G)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 4

4. Considers differentiation as a ~~fundamental means~~tool to promote a deeper integration while safeguarding the integrity of the EU, and to achieve a genuine EMU within the Union;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 8

8. Is of the opinion that differentiation should preferably be done, when possible, within a legal act addressed to all Member States by means of derogations and safeguard clauses, instead of a priori excluding some Member States from the territorial scope of application of a legal act;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 12

12. Considers that Article 352 TFEU, which empowers the Council to adopt appropriate measures to attain one of the objectives set out in the Treaties if the Treaties have not provided the necessary powers, can be used in conjunction with Article 20 TEU, thus allowing the activation of the flexibility clause, where unanimous consensus cannot be achieved in the Council through the mechanism of enhanced cooperation; (comma)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 18

18. Disagrees with ‘the term 'contractual~~isation’ of the relationship between the Union and the Member State~~ arrangements' and encourages to find better ways to formally link the funds made available under the competitiveness and convergence instrument (CCI) and the structural reforms, and reiterates that the lack of Union competences and of Union powers can be overcome by using the appropriate procedures or, in absence of an appropriate legal basis, by amending the Treaties;

2013/09/13
Committee: AFCO

2012/2078(INI)

Rafał TRZASKOWSKI, Elmar BROK

Motion for a resolution
Paragraph 34

34. Takes the view that the above task, initially for the benefit of a subgroup of Member States, can be assigned to the Commission as an institution of the entire EU, since such assignment is covered by a Union competence and a temporarily limited scope of geographical application does not limit a given Union competence; (comma)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 35

35. Is of the opinion that the European Stability Mechanism, as a mechanism covering Member States whose currency is the euro, can be the financial backstop of the SRM, which could cover more Member States than the ESM, providing that a country concerned has fulfilled all its obligations and that insolvent banks are not covered;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 39

39. Reiterates its call for the presentation of a legislative proposal to establish a competitiveness and convergence instrument under Article 121(6) TFEU, as an incentive-based mechanism of enhanced economic policy coordination, in particular regarding structural reforms, for all Member States whose currency is the euro which is open to the voluntary participation of non-euro countries;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 47

47. ~~Reiterates the call for the gradual roll- over of excessive debt into a redemption fund for the euro area b~~Welcomes the setting up on 2 July 2013 by the Commission, and following the agreements of the 2-Pack, of an expert group under the chair of Mrs Gertrude Trumpel-Gugerell, which is tasked ~~on the model of~~with thoroughly assessing the ~~Ger~~main Economic Council of Experts; considers Article 352 TFEU to offer a legal basis for the establishment of such a fund for Member States whose currency is the euro, if necessary in conjunction with an enhanced cooperation of these Member Stafeatures of a potential redemption fund and eurobills, including any legal provisions, financial architecture and complementary budgetary frameworks; intends to position itself on these matters after the expert group's report has been presentesd;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 49

49. Considers that any future treaty change should affirm differentiated integration as a ~~principle and a means of~~tool safeguarding unity of the Union;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 50

50. Takes the view that a future treaty change may introduce a new tier of associate membership, including a partial integration into specific Union policy areas, as a means to strengthen the European Neighbourhood Policy; (comma)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 53

53. Calls for the ~~current~~ Commissioner for Economic and Financial Affairs to be a Treasury Minister and a permanent Vice- President of the Commission;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 54

54. Calls for the introduction of a vote of loss of confidence in an individual member of the Commission by which the European Parliament obliges the President of the Commission to request the resignation of that member;deleted (To be treated in Report on the implementation of the Treaty of Lisbon with respect to the European Parliament)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 55

~~55. Calls for th~~deleted (To be tre~~duction of the required majority for a motion of censure against~~ated in Report on the implementation of the PTresident of the Commission under Article 234 TFEU to a majority of the component Members of the European Parliament, and for the parallel obligation to elect a new President to be a condition for the effectiveness of the censure;aty of Lisbon with respect to the European Parliament)

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 60

60. Considers the reversed qualified majority voting in the Fiscal Compact ~~as a merely~~more as a political declaration ~~without any legally binding effect on Member States~~than an effective decision making instrument, and calls ~~instead~~therefore for the integration of th~~is voting rule~~e RQM into the Treaties ~~and for the modification of~~, especially in Articles 121, 126 and 148 TFEU, in such a way that the proposals or recommendations submitted by the Commission may enter into force if no objection has been expressed by Parliament or the Council within a certain predefined period, in order to ensure fully-fledged legal certainty36;

2013/09/13
Committee: AFCO

2012/2078(INI)

Motion for a resolution
Paragraph 71

71. Considers the inclusion of the possibility for the Union to budget for a deficit which shall not exceed a reference value to be specified in the Treaties, together with the establishment of proper mechanisms ensuring the avoidance of an excessive deficit at the European level;

2013/09/13
Committee: AFCO

2012/2030(INI)

Motion for a resolution
Paragraph 14

14. Welcomes, therefore, the Commission's proposed new data protection regulation, and stresses the need to approve and implement a new regulation on the subject in a form that, while protecting privacy and safeguarding fundamental rights, guarantees legal certainty, allows sufficient flexibility to companies to enable them to develop their business without taking on huge costs, while also offering them simplification and reduction of administrative burdens;

2012/08/06
Committee: IMCO

2012/2030(INI)

Motion for a resolution
Paragraph 15

15. Calls on the Commission to modernise the legal framework governing intellectual property rights, as to make them suitable for the online reality of the 21st century, by proposing and rapidly implementing the European Strategy for Intellectual Property Rights, and looks forward to its proposals on the matter;

2012/08/06
Committee: IMCO

2012/2030(INI)

Motion for a resolution
Paragraph 25

25. Calls on the Commission to ensure that the rules on selective distribution are properly applied, in order to avoid abuses and discrimination;

2012/08/06
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Recital 24

(24) The conformity with web-accessibility requirements should be continuously monitored from the initial construction of the public sector bodies' website to all subsequent updates of its content. A harmonised monitoring methodology would cover a way of verifying, on a uniform basis in all Members States, the degree of compliance of the website with the requirements for web-accessibility, the collection of representative samples and the periodicity of the monitoring.. Member States should report ~~annually~~every two years on the outcome of the monitoring and more generally on the list of actions taken in application of this Directive.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Recital 24 a (new)

(24a) The methodology used to monitor the compliance of the websites concerned with the requirements for web- accessibility on a continuous basis should be issued not later than one year after the adoption of this Directive.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 1 – paragraph 3

3. Member States ~~may~~should extend the application of this Directive to other types of ~~public sector websites than those referred to in paragraph 2~~websites.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 2 – point 2

(2) ‘'Content of websites’' means information and user interface components to be communicated to the user by means of a user agent, including code or mark-up that defines the content's structure, presentation, and interactions. Content of websites includes textual as well as non-textual information, the downloading of documents and forms as well as two-way interaction such as the processing of digital forms and the completion of authentication, identification and payment processes. Content of websites also includes functions provided through websites, which are external to the website concerned, for instance, through the use of web-links, on the condition that the external website is the only means by which the information and service is provided to the user. Content also includes social media content embedded in those websites, if possible, as well as authoring tools used to create content in those websites.

2013/07/18
Committee: IMCO

2012/0340(COD)

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

(2a) 'Authoring tools' means any software that can be used to create web content, including user-generated content. Authoring tools include, but are not limited to, web page authoring tools, software to edit source code or markup, software to update portions of web pages (e.g., blogging, wikis, online forums) and so on.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 2 – point 3

(3) ‘'User agent’' means any software that retrieves and presents website contents for users, including web browsers, media players, plug-ins, and other programs that help in retrieving, rendering, and interacting with website content, regardless of the device used to interact with content. If a mobile device offers the same or an enhanced set of services as the website concerned, this definition shall also apply to the interface and operation of such mobile applications.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 2 – point 8

(8) ‘'Public sector body’' means ~~the State, regional or local authoriti~~entities performing public tasks. It includes, bodies governed by public law as defined in Article 1 (9) of Directive 2004/18/EC, and a~~ssociations formed by one or several such authorities or one or several such bodies governed by~~ll entities which were entrusted or assigned by the aforementioned bodies to perform public ~~law~~tasks.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

(8a) 'Websites belonging to public sector bodies' means websites developed, procured, maintained or co-financed by public sector bodies or co-financed by Union funds.

2013/07/18
Committee: IMCO

2012/0340(COD)

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

(b) in a way which ~~facilitat~~ensures interoperability with a variety of user agents and assistive technologies at Union and international level.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall apply the provisions of paragraph 1 by 31 ~~December~~January 2015 at the latest for all new content of websites concerned and by 1 January 20157 at the latest for all legacy content.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. A two-year transitional period shall be introduced for live broadcasting because of technological reasons.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 5 – paragraph 3

3. As long as the references of the European standards referred to in paragraph 1 have not yet been determined, the websites concerned that meet the ~~parts of the ISO/IEC 40500: 2012~~international recommendations WCAG 2.0. covering the Success Criteria and Conformance Requirements for Level AA conformance, shall be presumed to be in conformity with the web-accessibility requirements set out in Article 3.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ~~promot~~ensure that the websites concerned provide a statement on their accessibility, in particular on their compliance with this Directive and with possibly additional accessibility information in support to users. A draft model of information concerning accessibility is annexed to this directive.

2013/07/18
Committee: IMCO

2012/0340(COD)

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

2a. Member States shall promote and support web-accessibility training programmes to key stakeholders, including civil servants and staff of public bodies and authorities and organisations providing basic services to the public to create, manage and update web pages, including their content.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 6 – paragraph 4

4. Member States shall cooperate at Union level with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities, with facilitation by the Commission, in order to review, for the purpose of ~~the annual~~every two years reporting referred to in Article 7~~(4)~~a, market and technological developments and progress in web- accessibility and to exchange best practices.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 6 a (new)

Article 6a Enforcement body and its tasks 1. Each Member State shall establish or nominate one authority responsible for the enforcement of this Directive and competent to monitor the compliance of websites with the general accessibility requirements set in Article 3 and arrange for such authorities to have and use the necessary human and financial resources and powers to take the appropriate measures incumbent upon them under this Directive. Those competent authorities shall involve organizations representing persons with disabilities. 2. Each Member State shall define the tasks, powers, organization and cooperation arrangements of the competent authorities, in accordance with Article 7, including the possibility for non-governmental organizations and consumer associations representing persons with disabilities to lodge a complaint with these latter in order to challenge any breach of obligation imposed to Member States by this Directive. 3. Member States shall keep the Commission informed about their implementing measures related to paragraph 2, and the Commission shall pass on such information to the other Member States. 4. The enforcement body shall report about the implementation measures related to Article 2 to its national competent authority.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 6 b (new)

Article 6b Implementing and enforcement measures For the purposes of this Directive, and in particular of Article 1(2) thereof, the competent authorities of the Member States shall be entitled to take, inter alia, the measures listed below, where appropriate: (a) for any website: (i) follow up on a complaint for inaccessibility of a website in a reasonable timeframe (ii) act as a resource centre for public bodies and authorities (iii) train civil servants and staff of public bodies and authorities to accessibility of websites and of web-based services. (iiii) give recommendations to implement this Directive (b) for any websites that fails to provide full accessibility: (i) where the failure to provide full accessibility is compatible with this Directive, to require that it be marked with suitable, clearly worded and easily comprehensible warnings, in the official languages of the Member States in which the website is used, on the barriers to accessibility it may represent.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 7 – paragraph 4

4. The Commission establishes, by way of implementing acts, the methodology for the monitoring of the conformity of the websites concerned with the requirements for web-accessibility as set out in Article 3. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(3). The methodology will be published in the Official Journal of the European Union no later than a year after the adoption of this Directive.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 7 – paragraph 5 – point b a (new)

(ba) in accordance with methodology of research which combines experts analysis with user experience, including users with disabilities.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 7 a (new)

Article 7a Reporting 1. Member States shall every two years report to the Commission on the outcome of the monitoring carried out in accordance with Article 7 including in relation to the measurement data and, where appropriate, the list of the websites referred to in Article 1(3). That report shall be made public in readily accessible formats. 2. That report shall also cover the actions carried out pursuant to Article 6 including possible general conclusions drawn by relevant competent authorities on the basis of the monitoring. 3. The arrangements for reporting by Member States to the Commission shall be established by the Commission by way of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2).

2013/07/18
Committee: IMCO

2012/0340(COD)

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

2a. In case of the application of Art 3(3) Member States attach a statement to inform website's users what part of the website is still not accessible and why. Member States also communicate this information to the Commission.

2013/07/18
Committee: IMCO

2012/0340(COD)

Proposal for a directive
Article 11

The Commission shall carry out a review of the application of this Directive within t~~hree~~wo years from its entry into force and shall make the findings of this review public.

2013/07/18
Committee: IMCO

2012/0244(COD)

Proposal for a regulation
Recital 3

(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/…3 [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.

2012/11/12
Committee: AFCO

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 4 a (new)

(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.

2012/11/12
Committee: AFCO

2012/0244(COD)

Proposal for a regulation
Recital 3

(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 4 a (new)

(4 a) Bearing in mind that the EBA, in works of which all Member States participate with equal rights, was established with an aim to develop the single rulebook and ensure the coherence of supervisory practices within the EU and given the establishment of the single supervisory mechanism with a leading role of the ECB, the EBA needs to be equipped with adequate instruments, which will enable it to efficiently perform its entrusted tasks concerning the integrity of the single market in the area of financial services.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 5

(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No ~~…/…~~.../... [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a ~~specific~~common procedure, binding for all competent authorities, should be provided for. In particular, if the competent authority, including the ECB, does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. ~~In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.~~

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 5 a (new)

(5 a) The mandate of the EBA to settle disagreements, involving the ECB with regard to cases concerning prudential supervision, can be inferred from the fact that both the establishment of the EBA and the conferment of specific supervisory tasks on the ECB have been introduced through secondary law.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 6

(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, ~~in particular~~both with regard to decisions taken by the EBA at simple majority and decisions taken at qualified majority.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 7

(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted uonl~~ess rejected by a simple majority, which should include an adequate number of votes from members from Member S~~y if accepted by the Board of Supervisors at simple majority in two separate votings, one of which tatkes p~~articipating in the SSM and from Member States that do not participate in the SSM~~lace in the group of the Member States with common euro currency and the second in the group of remaining Member States.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 8

(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should ~~not~~ be considered to be in a situation of conflict of interest ~~on the sole ground that they are~~, in particular, in cases when they represent~~atives of~~ the competent authorit~~ies~~y, which ~~are part of the SSM and a given case to be decided upon by the Panel concerns the SSM~~has jurisdiction within the Member State, in which the concerned credit institution operates. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 8 a (new)

(8 a) Since the Member States which entered into close cooperation with the SSM are devoid of voting rights in the Governing Council of the ECB, which results in a lack of effective influence on the decision making process within the SSM, a special procedure for settlement of disagreements between the ECB and a competent authority of a Member State which has entered into close cooperation shall be established, which will compensate for the absence of forceful instruments to sway the decision making process taken within the SSM and at the same time, will safeguard the right to protect justified interests, in particular the stability of the local financial market. To that end, the EBA should be equipped with the ultimate authority to settle disagreements between the ECB and the competent authority of a Member State that has entered into close cooperation with the SSM.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 9

(9) The composition of the Management Board should be balanced and proper representation of Member States participating in the SSM, remaining in the close cooperation, and not participating in the SSM should be ensured.

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EU) No 1093/2010
Article 18 – paragraph 3a

"3a. Where the Authority requests the ~~ECB as~~ competent authority to take the necessary action in accordance with paragraph 3, the ~~ECB~~competent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EU) No 1093/2010
Article 18 – paragraph 3a

"3a. Where the Authority requests the ~~ECB as~~ competent authority to take ~~the necessary~~specific action or to refrain from action in accordance with paragraph 3, the ~~ECB~~competent authority shall comply with it or shall ~~provide within 48 hours at the latest~~within ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 35 – paragraph 3

"3. Upon a duly justified request from a competent authority, the Authority ~~may~~shall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1

"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and ~~two~~four members appointed by the Board of Supervisors among its voting members. At least ~~one~~two members of the independent panel shall be from a Member State which ~~is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]~~currency is not the euro, at least one of which shall be from a Member State not exercising close cooperation with the SSM either."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI

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

Regulation (EU) No 1093/2010
Article 41 – paragraph 3

"3. The ~~panel shall propose a decision for final adoption by the Board of Supervisors, in accordance with the procedure set out in the third subparagraph of Article 44(1)~~members of the panel shall act independently, objectively in accordance with Article 42 and shall not be in a situation of conflict of interest. It shall be recognized that the members of the panel remain in a situation of conflict of interests, in particular, in cases when they represent the competent authority, which has the jurisdiction within the Member State, in which the concerned credit institution operates."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) 1093/2010
Article 41 – paragraph 4

"4. ~~The Board of Supervisors shall adopt rules of procedure for the panel referred to in paragraph 2, including rules implementing the requirement set out in the second subparagraph of that paragraph~~By way of derogation from paragraph 2, from the date when the euro is not the currency of only two Member States, the independent panel shall consist of a Chairperson and two members appointed by the Board of Supervisors, among its voting members. At least one member of such an independent panel shall be from a Member State in which currency is not the euro."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 42

6. In Article 42 the following paragraph is added: "The first and second paragraphs are without prejudice to the tasks conferred upon the ECB by Regulation (EU) No …/… [127(6) TFEU Council Regulation]."deleted

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 1

"1. Decisions of the Board of Supervisors shall be taken by a simple majority ~~of its member~~in two separate votings, one of which takes place in the group of the Members States with common euro currency and the second in the group of remaining Member States. Each member shall have one vote."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2

"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group Member States with common euro currency, as well as in the group of remaining Member States."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3

"With regard to decisions in accordance with Articles 17, 19, and 19a, the decision proposed by the panel shall be considered as adopted uonl~~ess it is rejected by a simple majority which shall include at least three votes from members of participating Member S~~y if accepted by the Board of Supervisors at a simple majority in two separate votings, one of which tatkes ~~and three votes from members of~~place in the group of the Members States which are neither participating Member States in accordance with Regulation (EU) No …/…[127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationith common euro currency and the second in the group of remaining Member States. Each member shall have one vote."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 44 –paragraph 1 – subparagraph 4

"By way of derogation from the third subparagraph, from the date when four or less Member States are neither participating Member States in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulationthe euro is not the currency in only four Member States, the decision proposed by the panel shall be considered as adopted uonl~~ess it is rejected by~~y if accepted by the Board of Supervisors at a simple majority which shall include at least one vote from members of those Member States. Each member shall have one vote."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5

"By way of derogation from the third subparagraph, from the date when the euro is not the currency in three or less Member States, the decision proposed by the panel shall be considered as adopted, only if accepted by the Board of Supervisors at a qualified majority of five- sixths of its members. Each member shall have one vote."

2012/10/30
Committee: ECON

2012/0244(COD)

Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN, Piotr BORYS, Danuta JAZŁOWIECKA, Artur ZASADA, Jacek SARYUSZ-WOLSKI

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

Regulation EU No 1093/2010
Article 44 –paragraph 1 – subparagraph 5 a (new)

"The independent panel, mentioned in Article 41, with regard to decisions in accordance with Articles 17, 19, and 19a takes the decision at a qualified majority of four-fifths of its members. From the date when the euro is not the currency in only two Member States, the independent panel takes decisions by simple majority."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation EU No 1093/2010
Article 45 – paragraph 1 – subparagraph 3

"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States in which ~~are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor have~~currency is not the euro, at least two of which come from the Member States, which did not entered into close cooperation with the ~~ECB in accordance with that Regulation~~SSM either. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."

2012/10/30
Committee: ECON

2012/0244(COD)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

Regulation (EU) No 1093/2010
Article 58 – paragraph 3

8 b. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate should come from a Member State which currency is not the euro, nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI

Proposal for a regulation
Recital 47 a (new)

(47 a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation

2012/11/12
Committee: AFCO

2012/0242(CNS)

Proposal for a regulation
Recital 4

(4) Competence for supervision of individual banks in the Union remains mostly at national level. ~~This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the Union~~Coordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI

Proposal for a regulation
Article 5 – paragraph 4

4. National competent authorities shall follow the instructions given by the ECB. for the purposes of the tasks mentioned in Article 4 paragraph 1. Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority

2012/11/12
Committee: AFCO

2012/0242(CNS)

Proposal for a regulation
Recital 18

(18) Additional capital buffers, including a capital conservation buffer and a countercyclical capital buffer to ensure that credit institutions accumulate during periods of economic growth a sufficient capital base to absorb losses in stressed periods, are key prudential tools to ensure the availability of adequate loss absorbency. The ECB should have the task to impose such buffers and ensure credit institutions comply with them.deleted

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 25

(25) In order to ensure consistency between supervisory responsibilities conferred on the ECB and decision making within the EBA, the ECB should coordinate a common position amongst representatives of the national authorities of the participating Member States in relation to matters falling within its competence.deleted

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 29

(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre-condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should ~~allow the greatest possible involvement of those represen~~ensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB~~, in particular as regards the integrity of its decision making process~~.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 34

(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers ~~respectively the Eurogroup~~ as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 47 a (new)

(47a) Whereas the pending financial crisis contributed immensely to the fragmentation of European financial markets, it is indispensable to enhance the common integrated financial framework. However, it should be borne in mind that the deepening of integration in the EMU cannot give rise to new, not outlined in the Treaties, convergence criteria, which can create additional barriers to entry for countries under a temporary derogation.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Recital 47 b (new)

(47b) Whereas, efforts to secure financial stability within the EU require a diversified approach to distinctive types of risks in different markets and considering that the economies of the Member States, including those in the EMU, remain heterogeneous and that economic cycles are not synchronized, it should be borne in mind that according to the ESRB Recommendation (ESRB/2011/3) and standard no. 138 of Basel III, effective response to the problems of macroeconomic imbalances necessitates the use of discretionary instruments at local level. Moreover, the scope to customize macroprudential instruments is of the utmost significance to the Member States remaining in the EMU, due to their inability to use macroeconomic automatic stabilizers, such as interest rate or exchange rate.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 1 – paragraph 1

This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘'participating Member State’' means a Member State whose currency is the euro; or a Member State whose currency is not the euro, which has entered into a close cooperation in accordance with Article 6.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

(e) To impose capital buffers to be held by credit institutions in addition to own funds requirements referred to in (c), including setting countercyclical buffer rates and any other measures aimed at addressing systemic or macro-prudential risks in the cases specifically set out in Union acts;deleted

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements~~, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities~~;

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

(l) To coordinate and express a common position of representatives from competent authorities of the participating Member States when participating in the Board of Supervisors and the Management Board of the European Banking Authority, for issues relating to the tasks conferred on the ECB by this Regulation.deleted

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 4 – paragraph 3

3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts, do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including EBA and the Commission, and analyse the potential related costs and benefits.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 5 – paragraph 4

4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

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

1. Within the limits set out in this Article, the ECB shall carry out the tasks in the areas referred to in Article 4 (1) and (2) in relation to credit institutions established in a participating Member State whose currency is not the euro, where a close cooperation has been established between the ECB and the national competent authority of such Member State in accordance with this Article.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The close cooperation between the ECB and the national competent authority of a ~~non~~ participating Member State, whose currency is not the euro, shall be established, by a decision adopted by the ECB, where the following conditions are met:

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 6 – paragraph 3

3. The decision referred to in paragraph 2 shall determine, in compliance with the Statute of ESCB and of the ECB, the conditions under which representatives of the competent authorities of the Member States which established a close cooperation in accordance with this Article shall take part to the activities of the Supervisory Board.deleted

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 6 – paragraph 5 a (new)

5a. The Member State that has established a close cooperation with ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation. The decision shall be published in the Official Journal of the European Union and shall specify the date from which it is legally valid.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 19 – paragraph 1

1. The ~~planning and execution of the tasks conferred upon the ECB~~drafting of decisions to be taken by the ECB with regards to supervisory tasks conferred upon it by this Regulation, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘s'Supervisory bBoard’').

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 19 – paragraph 2

2. In addition, the supervisory board shall include a Chair ~~elected by the members of the Governing Cou~~person. Appointment shall be made on the basis of merit, skills, knowledge of financial institutions and markets, and of experience relevant to financial ~~from the members, with the exception of the Presid~~supervision and regulation, following an open selection procedure. The Chairperson shall be appointed by common accord of the government,s of the ~~Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECB~~Member States at the level of Heads of State or Government, on a recommendation from the supervisory board, after it has consulted the Council and the European Parliament. The Supervisory Board elects from among its members two Vice-Chairmen.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 19 – paragraph 3

3. ~~The Governing Council of the ECB may delegate clearly defined supervisory tasks and related~~For the purpose of paragraph 1 the Governing Council of the ECB authorises the Supervisory Board to draft decisions regarding individual or a set of identifiable credit institutions, financial holding companies or mixed financial holding companies to the supervisory board~~, subject to~~. The Supervisory Board proposes a decision for final adoption by the Gover~~sight and responsibility of the Governing Council~~ning Council. The decision proposed by the Supervisory Board shall be considered as adopted unless it is rejected by the Governing Council. The Governing Council can only accept or reject the proposed decision. If the Governing Council rejects the proposed decision, it shall be returned to the Supervisory Board for a review.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 19 – paragraph 6

6. The Chair of the European Banking Authority ~~and~~, a member of the European Commission ~~may participate as observers in the meetings of the supervisory board~~and chairmen of national competent authorities from Member States remaining outside the SSM may participate as observers in the meetings of the supervisory board on condition that their request has been accepted by the supervisory board by simple majority. The Supervisory board may, if appropriately justified, restrict observers' access to confidential data.

2012/10/30
Committee: ECON

2012/0242(CNS)

Jacek SARYUSZ-WOLSKI, Artur ZASADA, Danuta JAZŁOWIECKA, Piotr BORYS, Sidonia MAZUR, Bogusław SONIK, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan KOZŁOWSKI, Joanna Katarzyna SKRZYDLEWSKA, Rafał TRZASKOWSKI, Olle SCHMIDT, Ildikó GÁLL-PELCZ, Theodor Dumitru STOLOJAN

Proposal for a regulation
Article 19 – paragraph 7

7. The Governing Council shall adopt the rules of procedure of the supervisory board ~~including~~and shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair~~. The term of off~~, whiceh shall not exceed five years and shall not be renewable.

2012/10/30
Committee: ECON

2012/0237(COD)

Proposal for a regulation
Article 6 – paragraph 5

5. Within three months following the reception of the application for registration, the European Parliament shall adopt a decision by an absolute majority of its component members, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.

2013/01/18
Committee: AFCO

2012/0237(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

Whenever requested to do so by one quarter of its members, representing at least three political groups in the European Parliament, the European Parliament shall decide by an absolute majority of its members whether the condition in Article 3(1)(c) for a European political party and in Article 3(2)(c) for a European political foundation continues to be met.

2013/01/18
Committee: AFCO

2012/0237(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)

In the event that the committee should decide, having heard all the relevant representations, that the European political party or European political foundation concerned fails to meet the requisite criteria, it shall have the power to issue a reproof, levy a fine or propose the suspension or expulsion of the party or foundation in question.

2013/01/18
Committee: AFCO

2012/0237(COD)

Proposal for a regulation
Article 22 – paragraph 1

1. If the European Parliament finds, in accordance with Article 7(2), that a European political party or a European political foundation has failed to respect the values on which the Union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, or that a European political party has failed to respect the minimum rules on internal democracy required by Article 4(2), the European political party or the European political foundation in question may be ~~remov~~subject to a reproof or to a fine or may be deleted from the Registry, thereby forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.

2013/01/18
Committee: AFCO

2012/0180(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall ensure that a collecting society makes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delay: (a) standard licensing contracts and applicable tariffs; (b) the repertoire and rights it manages and the Member States covered; (c) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement.deleted

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 18 – paragraph 2

2. ~~In addition, a~~A collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – introductory part

1. Member States shall ensure that a collecti~~ng society makes public~~ve management organisation makes available through a publicly accessible website at least the following information:

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g a (new)

(ga) a list of rights, categories of rights or types of works that have been voluntarily excluded by rightholders from the collective management;

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g b (new)

(gb) standard licensing contracts and applicable tariffs;

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g c (new)

(gc) the repertoire and rights it manages and the Member States covered;

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g d (new)

(gd) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement.

2013/05/15
Committee: IMCO

2012/0180(COD)

Proposal for a directive
Article 20 – paragraph 5

5. Member States may decide that points 1 (a), (f) and (g) of Annex I shall not apply to a collecting society which on its balance sheet date does not exceed the limits of two of the three following criteria: (a) balance sheet total: EUR 350 000; (b) net turnover: EUR 700 000; (c) average number of employees during the financial year: ten.deleted

2013/05/15
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 1 – paragraph 3

3. This Regulation establishes a legal framework for electronic signatures, electronic seals, electronic validation and verification, electronic time stamps, electronic documents, electronic delivery services and website authentication.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 2 – paragraph 2

2. This Regulation does not apply to the provision of electronic trust services based solely on voluntary agreements under private law. Such trust services may not be denied validity, legal effectiveness resulting from voluntary agreements and admissibility as evidence in legal proceedings solely on the grounds that they are: — in electronic form, or — not based upon a qualified certificate for electronic signature, or qualified certificate for electronic seal, or qualified certificate for website authentication, — not provided by a qualified trust service provider, or — not created by a qualified electronic signature creation device or qualified electronic seal creation device.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 10

(10) ‘'certificate’' means an electronic attestation which links electronic signature or seal validation data with the identification data of an entity, or a natural or a legal person respectively ~~to the certificate~~ and confirms those data of that person;

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11

(11) ‘qualified certificate for electronic signature’ means a~~n attestation~~ certificate which is used to support electronic signatures, is issued by a qualified trust service provider and meet the requirements laid down in Annex I;

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 4 – paragraph 1

1. There shall be no restriction on the provision of trust services in the territory of a Member State by a trust service provider established in another Member States for reasons which fall within the fields covered by this Regulation. Member States shall ensure that trust services originating from another Member States are admissible as evidence in legal proceedings.

2013/05/21
Committee: IMCO

2012/0146(COD)

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

1a. For trust services offered in another Member State certification policy documents shall be made publicly available in official languages of that Member State or in English language.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 5 – title

Mutual recognition and acceptance Mutual recognition

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 5 – paragraph 1

When an electronic identification using an electronic identification means and authentication is required under Union or national legislation or administrative practice to access a service online~~, any~~ in one Member State or in the Union institution, the electronic identification means issued in another Member State ~~falling~~or by the Union institution under a scheme included in the list published by the Commission pursuant to ~~the procedure referred to in~~ Article 7 shall be recognised ~~and accepted for the purposes of accessing this service~~in the Member State or by the Union institution for the purposes of accessing that service online, not later than six months after the list, including that scheme, is published.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 9 – paragraph 1

1. A trust service provider shall be liable ~~for any direct~~under national law for damage caused to any entity or natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 10 – paragraph 1

1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as legally equivalent to qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE.

2013/05/21
Committee: IMCO

2012/0146(COD)

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

2a. Qualified trust service provider established within the Union may guarantee for certificates which are issued as qualified by supervised or accredited trust service providers established in a third country.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point a

(a) monitoring qualified trust service providers established in the territory of the designating Member State to ensure that they fulfil the requirements laid down in Article 15;

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 3

3. Qualified electronic signatures shall be recognised and accepted in ~~all~~ Member States and institutions of the Union.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 20 – paragraph 4

4. If an electronic signature with a security assurance level below qualified electronic signature is ~~requir~~accepted, in particular by a Member State or by institutions of the Union for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, a~~ll electronic signatures matching at least the same security assurance level~~t the same time qualified electronic signature shall be recognised and accepted as well.

2013/05/21
Committee: IMCO

2012/0146(COD)

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

1a. National law or agreement between parties may assign to electronic seal or qualified electronic seal additional legal effects beyond this regulation.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 3

3. A valid qualified electronic seal shall be recognised and accepted in all Member States public services and institutions of the Union.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 28 – paragraph 4

4. If an electronic seal security assurance level below the qualified electronic seal is ~~requir~~accepted, in particular by a Member State for accessing a service online offered by a public sector body on the basis of an appropriate assessment of the risks involved in such a service, a~~ll electronic seals matching at a minimum the same security assurance leve~~t the same time qualified electronic seal shall be accepted.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 34 – paragraph 2

2. A document or an electronically certified copy thereof bearing a valid qualified electronic signature or a valid qualified electronic seal of the person who is competent to issue ~~the~~ relevant document or respectively authorize certified copy, shall enjoy legal presumption of its ~~authenticity~~origin and integrity provided the document does not contain any dynamic features capable of automatically changing the document.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 35 – paragraph 3 a (new)

3a. National law or agreement between parties may assign to electronic delivery service additional legal effects beyond this regulation.

2013/05/21
Committee: IMCO

2012/0146(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)

The report shall include an assessment of relevant developments in electronic identification, authentication and signatures within Member States and leading countries outside the Union. The review shall inter alia assess whether the scope of this Regulation should be modified, taking account of technological, market and legal developments of trust services.

2013/05/21
Committee: IMCO

2012/0146(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a regulation
Article 40 – paragraph 1 b (new)

The Commission may, where appropriate, accompany the report with proposals with a view to improve legal, technical and organizational framework for provision of trusted services.

2013/05/21
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Recital 4 a (new)

(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Recital 8

(8) ~~Trade union~~Social partners play an important role in the context of the posting of workers for the provision of services since ~~social partners~~they may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Malcolm HARBOUR

Proposal for a directive
Recital 11

(11) ~~Mutual trust, a spirit of cooperation~~Taking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS

Proposal for a directive
Recital 2

(2) The free ~~movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regard~~dom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temp~~loyment, remuneration and o~~orarily to carry out ther work~~ing conditions in comparison to nationals of that Member State. It need~~ necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the free~~dom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker~~ movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temp~~orarily to carry out~~ loyment, remuneration and other work ~~necessary to provide these services ther~~ing conditions in comparison to nationals of that Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Malcolm HARBOUR

Proposal for a directive
Recital 14 a (new)

(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 4 a (new)

(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 5

(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Recital 8

(8) ~~Trade union~~Social partners play an important role in the context of the posting of workers for the provision of services since ~~social partners~~they may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Malcolm HARBOUR

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only ~~certain~~such control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 11

(11) ~~Mutual trust, a spirit of cooperation~~Taking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 14 a (new)

(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC, Konstantinos POUPAKIS

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only ~~certain~~such control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 18

(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective ~~and~~, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC

Proposal for a directive
Recital 19

(19) National labour inspectorates, social partners and other monitoring ~~bod~~authorities are of paramount importance in this respect and should continue to play a crucial role.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Phil BENNION, Malcolm HARBOUR

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 23

(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or, with their approval, through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 27

(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 28

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 29

(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 30

(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.

2012/11/07
Committee: IMCO

2012/0061(COD)

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

This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services~~, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers~~.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

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

(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

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

(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 27

(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.

2013/01/17
Committee: EMPL

2012/0061(COD)

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

For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements ~~may~~ include:

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 28

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 29

(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Lidia Joanna GERINGER DE OEDENBERG, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Recital 30

(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States‘' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.

2013/01/17
Committee: EMPL

2012/0061(COD)

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

This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services~~, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.~~

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

Such elements ~~may~~ include:

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 5 – paragraph 2 – point f

(f) keep the information provided for in the country fiches up to date, exact and exhaustive.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

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

(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States ~~should~~ ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)

Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

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

(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;

2013/01/21
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1

Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an inspection on the spot.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 2~~4 hour~~ working days.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 6

6. Member States shall ensure that registers in which service providers have been entered, and which may be consulted by the competent authorities in their territory, may also be consulted, in accordance with ~~the sam~~comparable conditions, by the equivalent competent authorities of the other Member States.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Konstantinos POUPAKIS

Proposal for a directive
Article 7 – title

~~Role of~~Cooperation between the Member State of establishment and the host Member State

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 7 – paragraph 4 a (new)

4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC

Proposal for a directive
Article 9 – paragraph 1 a (new)

1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available ~~and/or retain~~within a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation~~if necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC, Andreas SCHWAB

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)

At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

(a) any outstanding remuneration which~~, under the applicable terms and conditions of employment~~ is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC~~, would have been due~~;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

(b) refund of excessive costs, in relation to ~~net~~ remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)

(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12

~~[...]~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non- payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Malcolm HARBOUR, Adam BIELAN, Phil BENNION, Othmar KARAS

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

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Proposal for a directive
Article 13 – paragraph 1

1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States ~~should~~ ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 7 – title

~~Role of~~Cooperation between the Member State of establishment and the host Member State

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 7 – paragraph 4 a (new)

4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available ~~and/or retain~~within a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation~~if necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)

At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

(a) any outstanding remuneration which~~, under the applicable terms and conditions of employment~~ is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC~~, would have been due~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

(b) refund of excessive costs, in relation to ~~net~~ remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)

(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR, Phil BENNION

Proposal for a directive
Article 12

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

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

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 13 – paragraph 1

1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.

2013/01/21
Committee: EMPL

2012/0011(COD)

Proposal for a regulation
Recital 15

(15) This Regulation should not apply to processing of personal data by a ~~natural~~ person, which are exclusively personal or domestic, such as correspondence and the holding of addresses, and without any gainful interest and thus without any connection with a professional or commercial activity, and which does not involve making such data accessible to an indefinite number of people. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 24

(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances., but shall be considered as one, when processed with the intention of targeting particular content at an individual or of singling that individual out for any other purpose;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 24

(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that a study should be conducted, on a case-by-case basis and in accordance with technological developments, into whether identification numbers, location data, online identifiers or other specific factors as such ~~need no~~must necessarily be considered as personal data ~~in all circumstances~~.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 25

(25) Consent should be given explicitly by any method appropriate ~~metho~~to the media used enabling a freely given specific and informed indication of the data subject's wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject's consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 27

(27) The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore no determining criteria for a main establishment. ‘Main establishment of the controller’ means the place in the EU where personal data protection policy is determined, taking into account the dominant influence of that establishment over others, particularly in the case of a group of companies, as regards the implementation of rules on personal data protection and rules which have a bearing on data protection. The main establishment of the processor should be the place of its central administration in the Union.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 34

(34) Consent sh~~ould not provide a valid legal ground for the processing of personal data,~~all be freely given and the data subject shall not be forced to consent for processing of its data, especially where there is a ~~clear~~significant imbalance between ~~the~~ data subject and ~~the~~ controller. This ~~is especially~~may be the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees' personal data in the employment context. However, when the purpose of data processing is in the interest of the data subject and the data subject is subsequently able to withdraw consent without detriment, the consent should provide a valid legal ground for processing. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 34 a (new)

(34 a) When personal data, processed on the basis of a data subject's consent are necessary for the provision of a service, the withdrawal of the consent can constitute the ground for the termination of a contract by the service provider. This shall apply in particular to the services which are provided free of charge to the consumers.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 38

(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing~~, on grounds relating to their particular situation and free of charge~~ free of charge. A legitimate interests pursued by controller may include: direct marketing of controller's goods and services, enforcement of the controller's claims and ensuring the security of the system, network and information. When data subject withdraws his or her consent, the controller shall be also allowed to refuse further provision of services if the processing is necessary because of the nature of the service or the functioning of the filling system. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 48

(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, the criteria which may be used to determine how long the data will be stored for each purpose, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 51

(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, ~~for what period~~the criteria which may be used to determine for how long the data will be stored for each purpose, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 55

(55) To further strengthen the control over their own data and their right of access, data subjects should have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain a copy of the data concerning them also in commonly used electronic format. The data subject should also be allowed to transmit those data, which they have provided, from one automated application, such as a social network, into another one. This should apply where the data subject provided the data to the automated processing system, based on their consent or in the performance of a contract.deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 60

(60) ~~Comprehensive~~Overall responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established. In particular, the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this Regulation.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 62

(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 65

(65) In order to demonstrate compliance with this Regulation, the controller or processor should keep a document ~~each processing operation~~ary record of all the processing systems and procedures for which they are responsible. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 67

(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that ~~such~~ a breach which would have a significant impact on the data subject has occurred, the controller should notify the breach to the supervisory authority without undue delay ~~and, where feasible, within 24 hours. Where this cannot achieved within 24 hours, an explanation of the reasons for the delay should accompany the notification~~. The individuals whose personal data could be significantly adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as significantly adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 118

(118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure. Where joint and several liability applies, a processor which has made amends for damage done to the data subject concerned may bring an action against the controller for reimbursement if it has acted in conformity with the legal act binding it to the controller.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 129

(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; ~~specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject;~~ criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller ~~and to data protection by design and by default~~; a processor; criteria and requirements for the documentation ~~and the security of processing~~; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; ~~administrative sanctions;~~ processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 130

(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; ~~standard procedures and forms for exercising the rights of data subjects;~~ standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; ~~the right to data portability;~~ standard forms in relation to the responsibility of the controller ~~to data protection by design and by default and to~~in respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers46. In this context, the Commission should consider specific measures for micro, small and medium-sized enterprises.

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Recital 131

(131) The examination procedure should be used for the adoption of specifying standard forms in relation to the consent of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; ~~the right to data portability;~~ standard forms in relation to the responsibility of the controller ~~to data protection by design and by default and to~~in respect of the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; ~~the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation;~~ disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism, given that those acts are of general scope.

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(e a) of natural person pursuing economic activity, which identify this person on the market;

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(e b) of a natural person which are made public in the course of exercising professional duties such as name, contact details and function;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 2 – paragraph 3

3. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive. , as well as to the specific provisions of Union law or law of Member States related to processing of data, especially with regard to legally protected interests, when they provide for a stricter protection than the provisions of this regulation;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a

(a) the ~~offer~~directing of goods or services to such data subjects in the Union, irrespective of whether these are provided free of charge in relation to the data subject or not; or

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

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

(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person to whom data have been disclosed by the controller, in particular by reference to an identification number, location data, online identifier or other unique identifiers or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(2 a) 'Anonymous data' means any data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject or that such attribution would require a disproportionate amount of time, cost and effort; anonymous data shall not be considered personal data.

2012/11/08
Committee: IMCO

2012/0011(COD)

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

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

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 8 a (new)

(8 a) 'profiling' means automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 18

(18) ‘child’ means any person below the age of 183 years;

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(c) processing is necessary for compliance with a legal obligation to which the controller is subject or for exercising the rights of the controller.;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 6 – paragraph 5

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

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 7 – paragraph 4 a (new)

4a. The legislation of the Member State in which a person lacking the legal capacity to act resides shall apply when determining the conditions under which consent is given or authorised by that person.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 8 – paragraph 1

1. For the purposes of this Regulation, in relation to the offering of ~~information society~~goods or services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child'’s parent or ~~custodian~~legal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 8 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the methods to obtain verifiable consent referred to in paragraph 1. In doing so, the Commission shall consider specific measures for micro, small and medium-sized enterprises.

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(e) the processing relates to personal data which are manifestly made public by the data subject or which are freely transferred to the controller on the initiative of data subject and which are processed for the specific purpose determined by data subject and in his interest; or

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 9 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria, conditions and appropriate safeguards for the processing of the special categories of personal data referred to in paragraph 1 and the exemptions laid down in paragraph 2.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 11 – paragraph 2

2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, ~~adapted to the data subject,~~ in particular for any information addressed specifically to a child.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 4

4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are vexatious or manifestly excessive, in particular because of their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the manifestly excessive requests and the fees referred to in paragraph 4.~~

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 12 – paragraph 6

6. The Commission may lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2, including the electronic format. In doing so, the Commission shall take the appropriate measures for micro, small and medium- sized-enterprises. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

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

1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with ~~at least~~ the following information:

2012/11/08
Committee: IMCO

2012/0011(COD)

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

c) the criteria for determining the period for which the personal data will be stored for each purpose;

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

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

g) where applicable, that the controller intends to transfer to a third country or international organisation and on the ~~level of protection afforded by that third country or international organisation by refer~~existence or absence tof an adequacy decision by the Commission;

2012/11/08
Committee: IMCO

2012/0011(COD)

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

h) any further information which the controller considers necessary to guarantee fair processing in respect of the data subject, having regard to the specific circumstances in which the personal data are collected.

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(d) the ~~period for~~rules according to which the per~~sonal~~iod for which data will be stored is determined;

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 15 – paragraph 2

2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, ~~unless otherwise requested by the data subject.~~if available in a structured and commonly used format, unless otherwise requested by the data subject. This is without prejudice to the right of the controller to determine other form of handling requests for information specified in point 1 if it is justified by the necessity of verifying the identity of subject requesting such information;

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 15 – paragraph 2

2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. The controller shall use all reasonable measures to verify the identity of a data subject requesting access to data.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 2

2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication.deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c

~~(c) the processing is unlawful and the data subject opposes their erasure and requests the restriction of their use instead;~~deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d

~~(d) the data subject requests to transmit the personal data into another automated processing system in accordance with Article 18(2).~~deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 18

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

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 19 – paragraph 3

3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned for the purposes determined in the objection.

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(b) is ~~expressly~~ authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(c a) is carried out for the purpose of monitoring and prevention of fraud

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(c b) is carried out based on a well founded suspicion of committing a crime to the detriment of the controller, especially banks, financial and credit institutions and their clients

2012/11/08
Committee: IMCO

2012/0011(COD)

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

(c c) is carried out for the purpose of assessing credit worthiness, assuring safety and reliability of services provided by the controller

2012/11/08
Committee: IMCO

2012/0011(COD)

Andreas SCHWAB, Lara COMI, Rafał TRZASKOWSKI, Pablo ARIAS ECHEVERRÍA

Proposal for a regulation
Article 20 – paragraph 5

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

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 22 – title

ROverall principle of responsibility of the controller.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 22 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures referred to in paragraph 1 other than those already referred to in paragraph 2, the conditions for the verification and auditing mechanisms referred to in paragraph 3 and as regards the criteria for proportionality under paragraph 3, and considering specific measures for micro, small and medium-sized-enterprises.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 2

2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are collected for purposes which are defined, explicit and legitimate and only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraph 1 and 2, in particular for data protection by design requirements applicable across sectors, products and services.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 23 – paragraph 4

4. The Commission may lay down technical standards for the requirements laid down in paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 1

1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing ~~operation~~systems and procedures under its responsibility.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 2 – introductory part

2. The documentation shall contain ~~at least~~ the following information:

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the documentation referred to in paragraph 1, to take account of in particular the responsibilities of the controller and the processor and, if any, the controller's representative.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 28 – paragraph 6

6. The Commission may lay down standard forms for the documentation referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 2

2. The controller and the processor shall, following an evaluation of the risks, take the measures referred to in paragraph 1 to protect personal data against ~~accidental or unlawful destruction or accidental loss and to prevent any unlawful forms of processing, in particular any unauthorised disclosure, dissemination or access, or alteration of~~ personal data breach.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the technical and organisational measures referred to in paragraphs 1 and 2, including the determinations of what constitutes the state of the art, for specific sectors and in specific data processing situations, in particular taking account of developments in technology and solutions for privacy by design and data protection by default, unless paragraph 4 applies.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the technical and organisational measures referred to in paragraphs 1 and 2, including the determinations of what constitutes the state of the art, for specific sectors and in specific data processing situations, in particular taking account of developments in technology and solutions for privacy by design and data protection by default, unless paragraph 4 applies.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 30 – paragraph 4

4. The Commission may adopt, where necessary, implementing acts for specifying the requirements laid down in paragraphs 1 and 2 to various situations, in particular to: (a) prevent any unauthorised access to personal data; (b) prevent any unauthorised disclosure, reading, copying, modification, erasure or removal of personal data; (c) ensure the verification of the lawfulness of processing operations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 1

1. In the case of a significant personal data breach, the controller shall without undue delay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justificationnotify the personal data breach to the supervisory authority. Data breach shall be considered significant if int c~~ases where it is not made within 24 hours~~ould adversely affect privacy of the data subject.

2012/11/08
Committee: IMCO

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 31 – paragraph 1

1. In the case of a personal data breach which significantly affects the data subject, the controller shall, without undue delay ~~and, where feasible, not later than 24 hours~~ after having become aware of it, notify the personal data breach to the supervisory authority. ~~The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.~~

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 12

(12) The protection afforded by this Regulation concerns natural persons, whatever their nationality or place of residence, in relation to the processing of personal data, except for those pursuing economic activity, which identifies them on the market. With regard to the processing of data which concern legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person, the protection of this Regulation should not be claimed by any person. This should also apply where the name of the legal person contains the names of one or more natural persons.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 3 – introductory part

3. The notification referred to in paragraph 1 must ~~at least~~if possible:

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for establishing the data breach referred to in paragraphs 1 and 2 and for the particular circumstances in which a controller and a processor is required to notify the personal data breach.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 31 – paragraph 6

6. The Commission may lay down the standard format of such notification to the supervisory authority, the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 32 – paragraph 1

1. When the personal data breach is likely to adversely affect ~~the protection of the personal data or~~ privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delay.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 32 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements as to the circumstances in which a personal data breach is likely to adversely affect the personal data referred to in paragraph 1.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 32 – paragraph 6

6. The Commission may lay down the format of the communication to the data subject referred to in paragraph 1 and the procedures applicable to that communication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 6

~~6. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the processing operations likely to present specific risks referred to in paragraphs 1 and 2 and the requirements for the assessment referred to in paragraph 3, including conditions for scalability, verification and auditability. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 33 – paragraph 7

7. The Commission may specify standards and procedures for carrying out and verifying and auditing the assessment referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 34 – paragraph 8

~~8. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for determining the high degree of specific risk referred to in point (a) of paragraph 2.~~

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 34 – paragraph 9

9. The Commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2, and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 7

7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 10

10. Data subjects shall have the right to contact the data protection officer on all issues related to ~~the processing of the data subject's data and to request~~ exercising the rights under this Regulation.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 35 – paragraph 11

~~11. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the core activities of the controller or the processor referred to in point (c) of paragraph 1 and the criteria for the professional qualities of the data protection officer referred to in paragraph 5.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 44 – paragraph 7

~~7. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of further specifying ‘important grounds of public interest’ within the meaning of point (d) of paragraph 1 as well as the criteria and requirements for appropriate safeguards referred to in point (h) of paragraph 1.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 51 – paragraph 2

2. ~~Where the processing of personal data takes place i~~In the context of the activities of ~~an establishment of~~ a controller or a processor ~~in the Union, and the controller or processor is~~ established in more than one Member State, the supervisory authority of the Member State where the main establishment of the controller or processor is situated shall be competent for the supervision of the processing activities of the controller or the processor in all Member States~~, without prejudice~~. This supervisory authority shall be obliged to cooperate with the other supervisory authorities and with the Commission, pursuant to the provisions of Chapter VII of this Regulation.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 59 – paragraph 4

4. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within the period referred to in paragraph 1 and provide a justification. ~~In this case the draft measure shall not be adopted for one further month.~~

2012/11/08
Committee: IMCO

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 62 – paragraph 2

2. On duly justified imperative grounds of urgency relating to the interests of data subjects in the cases referred to in point (a) of paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 87(3). Those acts shall remain in force for a period not exceeding 12 months.deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 25

(25) Consent should be given freely and without pressure from the controller and explicitly by any appropriate method enabling a ~~freely given specific and~~n informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 76 – paragraph 1

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

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 1

1. ~~Each~~ supervisory authority, competent in accordance with Article 51 shall be empowered to impose administrative sanctions in accordance with this Article.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 2

2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional or negligent character of the infringement, the particular categories of personal data, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 3 – point a

~~a) a natural person is processing personal data without a commercial interest; or~~deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 3 – point b

~~b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.~~deleted

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 4 – introductory part

4. The supervisory authority ~~shall~~may impose a fine up to 250 000 EUR, or in case of an enterprise up to 0,5 % of its annual worldwide turnover, to anyone who, intentionally or negligently:

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 5 – introductory part

5. The supervisory authority ~~shall~~may impose a fine up to 500 000 EUR, or in case of an enterprise up to 1 % of its annual worldwide turnover, to anyone who, intentionally or negligently:

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 6 – introductory part

6. The supervisory authority ~~shall~~may impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently:

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 79 – paragraph 7

~~7. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 86 for the purpose of updating the amounts of the administrative fines referred to in paragraphs 4, 5 and 6, taking into account the criteria referred to in paragraph 2.

2012/11/08
Committee: IMCO

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 86 – paragraph 2

2. The ~~delegation of power~~power to adopt delegated acts referred to in ~~Article 6(5),~~ Article 8(3), Article 9(3), ~~Article 12(5),~~ Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), ~~Article 30(3),~~ Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), ~~Article 79(6),~~ Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 34

(34) Consent should ~~not provide a valid legal ground for the processing of personal data, where there is~~be expressed freely and without pressure from the controller. Consent cannot be deemed as freely given when due to a clear imlack of balance between the data subject and the controller, a refusal to give consent could result in adverse financial or legal consequences for the data subject. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees’ personal data in the employment context. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.

2013/03/04
Committee: LIBE

2012/0011(COD)

Proposal for a regulation
Article 86 – paragraph 2

2. The delegation of power referred to in Article 6(5), Article 8(3), ~~Article 9(3),~~ Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), ~~Article 22(4),~~ Article 23(3), Article 26(5), ~~Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 336), Article 34(8), Article 35(11),~~ Article 37(2), Article 39(2), Article 43(3), ~~Article 44(7),~~ Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 86 – paragraph 3

3. The delegation of power referred to in ~~Article 6(5),~~ Article 8(3), Article 9(3), ~~Article 12(5),~~ Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), ~~Article 30(3),~~ Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), ~~Article 79(6),~~ Article 81(3), Article 82(3) and Article 83(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Article 86 – paragraph 3

3. The delegation of power referred to in Article 6(5), Article 8(3), ~~Article 9(3),~~ Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), ~~Article 22(4),~~ Article 23(3), Article 26(5), ~~Article 28(5),~~ Article 30(3), ~~Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11),~~ Article 37(2), Article 39(2), Article 43(3), ~~Article 44(7),~~ Article 79(6), Article 81(3), Article 82(3) and Article 83(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

2012/11/08
Committee: IMCO

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 86 – paragraph 5

5. A delegated act adopted pursuant to ~~Article 6(5),~~ Article 8(3), Article 9(3), ~~Article 12(5),~~ Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), ~~Article 30(3),~~ Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), ~~Article 79(6),~~ Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 38

(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. A legitimate interest pursued by a controller may include in particular direct marketing of controller's goods and services and enforcement of the controller’s claims. When data subject withdraws his or her consent, the controller should be also allowed to refuse further provision of services if the processing is necessary because of the nature of the service or the functioning of the filling system. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 86 – paragraph 5

5. A delegated act adopted pursuant to Article 6(5), Article 8(3), ~~Article 9(3),~~ Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), ~~Article 22(4),~~ Article 23(3), Article 26(5), ~~Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11),~~ Article 37(2), Article 39(2), Article 43(3), ~~Article 44(7),~~ Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

2012/11/08
Committee: IMCO

2012/0011(COD)

Proposal for a regulation
Recital 48

(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored, and if not possible the criteria used to determine the data storage period, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Recital 51

(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what period, and if not possible the criteria used to determine the data storage period, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(ea) natural person pursuing economic activity, which identifies this person on the market;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(eb) of a natural person which data are made public in the course of exercising professional duties such as name, contact details and function;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 2 – paragraph 3 a (new)

3a. If the separate provisions of the European Union or the Member States law provide for more advanced protection of personal data than provided by this Regulation, these provisions shall be implemented complementarily. This applies in particular to the secrecy protected by law, e.g. bank secrecy.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 2 – paragraph 3 b (new)

3b. The information disclosed in accordance with the law in national registers of economic entities is not protected under this Regulation to the extent that it identifies entities on the market.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI

Proposal for a regulation
Article 4 – paragraph 1 – point 9

(9) ‘personal data breach’ means ~~a breach of security leading to~~ the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI

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

(13) ‘main establishment’ means as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and means of the processing of personal data are taken~~; i~~. In case of a group of undertakings, it is the place of establishment of the company with the dominant position over rest of the group as regards data protection policy. If no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities of an establishment of a controller in the Union take place. As regards the processor, ~~‘main establishment’ means the place of its central administration in the Union~~the same rules apply. The competent authority shall be informed by the controller and processor of the designation of a ‘main establishment’;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(c) processing is necessary for exercise of the right or compliance with a legal obligation to which the controller is subject;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular wherewithout prejudice to the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child, processing is necessary for the purposes of the legitimate interests pursued by a controller, in particular: - direct marketing for its own and similar products and services, - the enforcement of the claims of the controller or of a third party on behalf of which the controller is acting in relation to the data subject, or for preventing or limiting damage by the data subject ~~is a child.~~to the controller This shall not apply to processing carried out by public authorities in the performance of their tasks.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(fa) processing is necessary in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organization of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship, as well as for the purpose of entering, updating, improving, and modifying employees' data processing systems, including technical security systems designed to protect employees' data against unauthorized access by third parties, including transformation, viruses and malware;

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 7 – paragraph 3 a (new)

3a. In the event that the data subject withdraws consent, the controller may refuse to provide further services if the processing of the data is vital for the provision of the service or ensuring the appropriate level of services.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 7 – paragraph 4

4. Consent shall not provide a legal basis for the processing~~, where there is~~ if, due to a significant imbalance between the position of the ~~data subject and the controller~~controller and the data subject, it has not been given freely, in accordance with Article 4(8).

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 8 – paragraph 1

1. For the purposes of this Regulation, in relation to the offering of ~~information society~~ services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law providing for adequate safeguards ensuring the fundamental rights of the data subject such as right to non-discrimination; or

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

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

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 12 – paragraph 4

4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, i~~n particular because of their repetitiv~~f the request of the same character repeats more ctha~~racter~~n once per 6 months, the controller may charge an administrative fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the ~~manifestly excessive character~~repetitiveness of the request.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 13 – paragraph 1

The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient with whom he stays in contractual relationship and to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.

2013/03/04
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(c) the period for which the personal data will be stored and if not possible the criteria used to determine this period;

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 15 – paragraph 2

2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. This is without prejudice to the right of the controller to determine other form of handling requests for information specified in point 1 if it is justified by the necessity of verifying the identity of subject requesting such information.

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2a. The data subject shall have the right, where personal data are processed by electronic means, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which allows for further use.

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 17 – paragraph 2

2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication.deleted

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 18

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

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 20 – paragraph 1

1. Every natural person, both off-line and online, shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been ~~satisfi~~examined or where suitable measures to safeguard the data subject's legitimate interests have been adduced, ~~such as~~including the right to obtain the information on the profiling criteria and the right to obtain human intervention; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

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

(b) is ~~expressly~~ authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests and fundamental rights, including the right to non- discrimination; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 20 – paragraph 4

4. In the cases referred to in paragraph 2, the information to be provided by the controller under Articles14 and 145 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1, including the criteria for the processing in question and the envisaged effects of such processing on the data subject.

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 25 – paragraph 2 – point b

(b) an enterprise employing fewer than 250 persons, unless its core activities, regardless the number of the employees, consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects; or

2013/03/06
Committee: LIBE

2012/0011(COD)

Jacek PROTASIEWICZ, Rafał TRZASKOWSKI, Arkadiusz Tomasz BRATKOWSKI

Proposal for a regulation
Article 35 – paragraph 7

7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.

2013/03/06
Committee: LIBE

2011/2302(REG)

Marietta GIANNAKOU, Manfred WEBER, Rafał TRZASKOWSKI

Rule 197 a (new) – paragraphs 1 to 7 (new)

Rule 197a Public hearings on citizens’ initiatives 1. The Vice-President of Parliament responsible for citizens’ initiatives shall, on behalf of the President, liaise with citizens, representative associations and civil society on matters relating to citizens’ initiatives. 2. The Conference of Committee Chairs shall coordinate the public hearings referred to in Article 11 of Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative1. It shall liaise with the Commission and, where necessary, with other Union institutions and bodies to ensure that public hearings are organised and conducted under appropriate and uniform conditions. When the Conference of Committee Chairs considers a matter relating to public hearings, it shall invite the Vice- President of Parliament responsible for matters relating to citizens’ initiatives to take part in its proceedings in an advisory capacity. 3. When the Commission has published a citizens’ initiative in the relevant register pursuant to point (a) of Article 10(1) of Regulation (EU) No 211/2011, the Chair of the Conference of Committee Chairs: (a) shall ascertain whether the Commission has received the organisers at an appropriate level in accordance with point (b) of Article 10(1) of Regulation (EU) No 211/2011; (b) shall establish, after consulting the Conference of Committee Chairs, which committee possesses the competences most relevant to the subject-matter of the citizens’ initiative and should therefore be responsible for organising the public hearing; (c) may, at the request of the chair of the committee responsible for matters relating to petitions, authorise members of the Bureau, coordinators of that committee and its members serving as rapporteurs on issues most relevant to the subject- matter of the citizens’ initiative, to take part in organising the public hearing; (d) shall ensure that the Commission is properly involved in organising the public hearing and that it is represented at an appropriate level at the hearing; and (e) shall, in agreement with the chair of the committee responsible, determine an appropriate date for the public hearing within three months of the submission of the initiative to the Commission in accordance with Article 9 of Regulation (EU) No 211/2011. 4. Rule 23(9) shall not apply to such public hearings. 5. If the conditions laid down in Rule 50 or Rule 51 are met, those provisions shall apply mutatis mutandis. In that case, the Conference of Committee Chairs may invite the Vice-President of Parliament responsible for matters relating to citizens’ initiatives to chair the public hearing. 6. The committee responsible shall organise the public hearing at Parliament, if appropriate together with such other Union institutions and bodies as may wish to participate. The committee responsible shall invite the organisers of the citizens’ initiative, or a representative delegation thereof, to present the initiative at the hearing. Any Member wishing to attend the public hearing may do so. The Vice-President of Parliament responsible for matters relating to citizens’ initiatives may deliver an address at the start of the public hearing. 7. Subject to prior authorisation from the Vice-President of Parliament responsible for matters relating to citizens’ initiatives, the travel and subsistence expenses incurred by representatives as a result of their attendance at public hearings to which they have been invited may be reimbursed subject to the rules adopted by the Bureau and in accordance with the arrangements agreed with the Commission. ___________________ 1 OJ L 65, 11.3.2011, p. 1.

2012/03/28
Committee: AFCO

2011/2298(REG)

Parliament's Rules of Procedure
Rule 70 a (new)

Rule 70a Approval of a decision on the opening of interinstitutional negotiations prior to the adoption of a report at first reading 1. Any decision by a committee on the opening of negotiations prior to the adoption of a report at first reading shall be translated into all the official languages, distributed to all Members of Parliament and submitted to the Conference of Presidents. 2. If so requested by at least one political group, the Conference of Presidents shall include the item, for consideration with a debate, opening of a deadline for amendments and vote, in the draft agenda of the part-session subsequent to its adoption by the committee responsible and distribution in all the official languages. 3. In the absence of such decision by the Conference of Presidents, the decision on the opening of negotiations shall be announced by the President at the opening of the subsequent part-session. That decision shall be deemed to be adopted unless, within 48 hours after the announcement, 40 Members request in writing that the item be included in the draft agenda of the part-session subsequent to the announcement for consideration with a debate and vote. The President shall set a deadline for the tabling of amendments. 4. The report as adopted by plenary shall form the basis for the mandate of the negotiating team and shall be refered back to the committee responsible as such. The committee responsible shall take a decision on any agreement reached as an outcome of those negotiations.

2012/06/20
Committee: AFCO

2011/2191(INI)

György SCHÖPFLIN, Rafał TRZASKOWSKI

Draft opinion
Paragraph 7

7. ~~Invites the Member States to proceed with the ratifica~~Points out that procedures for the adoption of the Accession Treaty with the Republic of Croatia ~~without linking it to any other ratification procedures so as to avoid any undue delay in the date of accession~~and of the protocols requested by Ireland and by the Czech Republic have a different treaty base, art. 49 TUE and 48 TUE respectively and therefore could not be legally incorporated into a one single act; stresses that the two procedures may coincide in time, reflecting the spirit of the political agreement incorporated into the Council's conclusions of June and October 2009; however, that the delay in the final agreement concerning the two said protocols should in no way delay the signature and ratification of the Accession Treaty with the Republic of Croatia.

2011/10/13
Committee: AFCO

2011/2174(REG)

Parliament's Rules of Procedure
Annex I (new) – Article 7 (new)

Article 7 Advisory Committee on the Conduct of Members 1. An Advisory Committee on the Conduct of Members ("the Advisory Committee") is hereby established. 2. The Advisory Committee shall be composed of five members, nominated by the President and elected by Parliament at the beginning of his or her term-of-office from amongst the members of the bureaux and the coordinators of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. Each Member of the Advisory Committee shall serve as chair for six months on a rotating basis. 3. The President shall also, at the beginning of his or her term-of-office, nominate and the Parliament shall elect reserve Members for the Advisory Committee, one for each group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a Member of a political group not represented in the Advisory Committee, the relevant reserve Member shall serve as a 6th full Member of the Advisory Committee for the alleged breach under consideration. 4. The Advisory Committee shall give guidance to Members for the interpretation and implementation of the provisions of this Code of Conduct and shall respond within 30 calendar days. At the request of the President, the Advisory Committee shall also assess alleged cases of breach of this Code of Conduct and advise the President on possible action to be taken. The proceedings of the Advisory Committee must be transparent: its assessments shall constitute a body of precedent and a record of its proceedings shall be made. 5. The Advisory Committee may, after consulting the President, seek advice from outside experts.

2011/11/07
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 1

1. Supports the consolidation in the ENP of previously separated strands of foreign and assistance policy; looks for a strengthened network of institutional arrangements which is stable, economical and purposefully dedicated to developing closer economic integration and political association among all those involved, including the alignment of values with the European Union at all international fora, especially at the United Nations;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 1 a (new)

1a. Stresses the need for decentralisation of ENP, aiming at greater involvement of the societies in the countries involved, welcomes in this respect Commission’s commitment to building partnerships with societies through such instruments as Civil Society Facility;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 2

2. Welcomes the Commission’s intention to avoid duplication, to concentrate on strategic issues within the multilateral fora of the ENP and to use subregional and bilateral contacts for specific investment projects and cooperation programmes; stresses the importance of building effective subregional partnerships within the wider Mediterranean region and continuing similar efforts within the Eastern Partnership;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 3

3. Considers the Union for the Mediterranean to have been misconceived, poorly executed and even counterproductive; insists, therefore, on the full incorporation of the European side of the partnership into the conventional EU framework under the auspices of the High Representative/Vice- President and the European External Action ServiceRecognises the challenges facing the project of the Union for the Mediterranean, which has not so far fulfilled its task and has not been instrumental in enhancing cooperation in the wider Mediterranean region; Stresses at the same time that developments in the region require greatest attention and engagement of the Union that should also involve actions promoting regional cooperation; Calls therefore for re-examination of the existing structures for regional cooperation and their adaptation to the needs arising from the new situation;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 4

4. Supports Parliament’s role in the ENP while noting the increased pressure on MEPs and Parliament’s services of maintaining effectively the growing number of multilateral and bilateral forms of parliamentary cooperation; urges continual assessment of the added value and practical organisation oftresses that despite its challenges the parliamentary dimension remains a very important component of ENP, enabling not only exchange of views, but also experiences, equally important to parliamentarism in the countries concerned; Advises that for the well functioning of this dimension a systematical assessment of the practical arrangements EuroNest and the Euro- Mediterranean Parliamentary Assembly be undertaken for their improvement wherever possible;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 6

6. Recommends a clear separation between the respective intergovernmental and nongovernmental functions of the European Instrument for Democracy and Human Rights and the European Endowment for Democracy, which should be complementary to each other; notes the need for quick and flexible methods of EU sponsorship for the support of pluralistic civil society, including democratic political parties, contributing to the development of deep, stable, secular democracy;

2011/10/11
Committee: AFCO

2011/2157(INI)

Draft opinion
Paragraph 7

7. Recommends that at the next revision of the Treaties a new category of associate membership of the Union be established for countries which do not seek full EU membership or do not fulfil the accession criteria.deleted

2011/10/11
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Recital -A (new)

-A. Whereas a political agreement was reached on 27 June 2013 at the highest political level between the European Parliament, the Irish Presidency of the Council and the Commission on the Multiannual Financial Framework 2014-2020 and a new interinstitutional agreement;

2013/08/29
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Recital -A a (new)

-Aa. Whereas new provisions of the Treaty on the Functioning of the European Union relating to the Multiannual Financial Framework giving greater role and prerogatives especially to the European Parliament were used for the first time;

2013/08/29
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Paragraph -1 (new)

-1. Welcomes the political agreement reached on the Multiannual Financial Framework 2014-2020 and a new interinstitutional agreement and considers it as the maximum of what could have been achieved under the current economic and political circumstances;

2013/08/29
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Paragraph -1 a (new)

-1a. Considers that the long and laborious process of negotiations that led to the final political agreement, together with its content, do not present a full implementation of the new provisions related to Multiannual Financial Framework as introduced by the Treaty of Lisbon, in particular of the greater prerogatives granted by it to the European Parliament;

2013/08/29
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Paragraph -1 b (new)

-1b. Questions the negotiating strategy of the Council, in which its negotiators were bound by conclusions of the European Council in matters falling under the ordinary legislative procedure thus preventing both legislative arms from conducting proper negotiations;

2013/08/29
Committee: AFCO

2011/2152(ACI)

Proposal for a decision
Paragraph -1 c (new)

-1c. Is of the opinion, that lesson learned for the future is to establish in more detail practical arrangements that would lead to a smoother adoption of the Multiannual Financial Framework in full respect of the prerogatives of the European Parliament, the Council and the Commission while ensuring at the same time Parliament's legislative and budgetary powers; to that end is determined to present in due time before the mid-term revision of the Multiannual Financial Framework 2014-2020 a proposal for such negotiating modalities;

2013/08/29
Committee: AFCO

2011/2090(INI)

Motion for a resolution
Recital E

E. whereas unilateral statements by Member States or the Council might adversely affect Parliament’s legislative powers, are damaging to the quality of Union legislation and undermine the principle of legal certainty,

2011/06/21
Committee: AFCO

2011/2090(INI)

Motion for a resolution
Paragraph 1

1. Reaffirms that statements and declarations which are not incorporated into a legal text but which concern it, regardless of whether they are issued by ~~EU institutions or by~~ one or more Member States, have no legal force and may undermine the coherence of Union law and its clear interpretation;

2011/06/21
Committee: AFCO

2011/2090(INI)

Rafał TRZASKOWSKI, Piotr BORYS

Motion for a resolution
Paragraph 2

2. Calls for ~~Council and Commission~~all declarations to be notified to Parliament, ~~but not~~and with regard to declarations by Member States, for them not to be published in the Official Journal of the European Union;

2011/06/21
Committee: AFCO

2011/2087(INI)

Draft opinion
Recital A

A. whereas sport has a very important social and financial impact in the EU, and its regions, where it can greatly contribute to local development of both infrastructure and economy and serve as a major tourist attraction; whereas gambling services are excluded from the scope of the Services Directive (2006/123/EC) and the new Consumer Rights Directive (approved by the European Parliament on 23 June 2011), due to their specificity,

2011/09/14
Committee: IMCO

2011/2087(INI)

Rafał TRZASKOWSKI, Piotr BORYS

Draft opinion
Paragraph 3 a (new)

3a. Welcomes the introduction in the European football of the Financial Fair Play concept as a major step forward in achieving financial stability and preventing unfair competition in sport;

2011/09/14
Committee: IMCO

2011/2071(INI)

Constance LE GRIP, Rafał TRZASKOWSKI

Draft opinion
Paragraph 2

2. Considers that the role of the European Parliament within the European Semester should be urgently clarified and that the economic dialogue should aim at reinforcing the democratic legitimacy of the process through proper parliamentary scrutiny; calls on the Commission to present each January to all relevant parliamentary committees, including its committee responsible for the internal market, the results of the previous European Semester and the new Annual Growth Survey;

2011/07/22
Committee: IMCO

2011/2071(INI)

Draft opinion
Paragraph 5 a (new)

5a. Strongly supports the initiative of the Polish Presidency to hold a political meeting in autumn 2011 on the multi- annual financial framework in order to involve the national parliaments in its negotiation, in the presence of the European Parliament, the Council and the Commission, and stresses that this approach could be adopted with a view to strengthening economic governance and democratic supervision;

2011/08/31
Committee: AFCO

2011/2071(INI)

Draft opinion
Paragraph 2

2. Is of the opinion that the European Semester, first proposed in the Commission's Communication of May and June 2010 and initially based on a non- binding commitment of the Council, should be formalised in ~~the regulation~~a regulation according to art. 121.6 TFUE; welcomes the compromise achieved over the economic governance package with its legislative and non-legislative components, particularly provisions on the European Semester incorporated in the legislative text of the regulation1 amending regulation (EC) N° 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies ~~(Regulation (EC) No 1466/97);~~; welcomes also provisions on the Economic Dialogue incorporated therein; ________________ 1 P7-TA-PROV(2011)0421

2011/10/05
Committee: AFCO

2011/2058(REG)

Proposal for a decision
Recital I a (new)

Ia. Greater use should be made of Rule 42(2) of the Rules of Procedures, which gives individual Members a real opportunity to influence Union legislation;

2012/04/02
Committee: AFCO

2011/2058(REG)

Proposal for a decision
Paragraph 3

3. ~~Calls on the Bureau to examine the existing rules governing security so as to avoid~~Welcomes the decision of the Bureau to limit extensive advertising of written declarations ~~and to~~, thus allowing untroubled access to Parliament's Chamber for its Members;

2012/04/02
Committee: AFCO

2011/2058(REG)

Parliament's Rules of Procedure
Rule 123 – paragraph 1

1. ~~Up to five Member~~At least 10 Members from at least three political groups may submit a written declaration of not more than 200 words on a matter falling exclusively within the competence of the European Union ~~which does not cover issues that are~~. The contents of such a declaration may not go beyond the form of a declaration. In particular, it may not call for any legislative action, contain any decision on matters for which specific procedures and competences are laid down in these Rules of Procedure or deal with the subject of an ongoing ~~legislative process. Authorisation shall be given by the President on a case-by-case basis~~proceedings in Parliament 1a. The authorisation to proceed further shall be subject to a reasoned decision by the President pursuant to paragraph 1 in any given case. Written declarations shall be p~~rint~~ublished in the official languages ~~and distributed~~on Parliament's website and distributed electronically to all Members. They shall be entered, with the names of the signatories, in an electronic register. This register shall be public and shall be ~~kept outside the entrance to the Chamber during part-sessions and in an approp~~accessible through Parliament's website. Hard copies of wriatte ~~location, to be determined by the College of Quaestors, between part- sessions~~n declarations with signatures will be also kept by the President.

2012/06/25
Committee: AFCO

2011/2058(REG)

Parliament's Rules of Procedure
Rule 123 – paragraph 2

2. The signature of any Member may be added to a declaration entered in the ~~register~~electronic register. It may be withdrawn at any time before the end of a period of three months from the entry of the declaration in the register. In the event of such a withdrawal the Member concerned shall not be permitted to add his or her signature again to the declaration.

2012/06/25
Committee: AFCO

2011/2058(REG)

Parliament's Rules of Procedure
Rule 42 – paragraphs 2 and 3

2. Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union. ~~3. The proposal shall be submitted to the President, who shall refer it to the committee responsible for consideration~~Such a proposal may be tabled together by up to 10 Members. The proposal shall indicate its legal basis and may be accompanied by an explanatory statement of no more than 150 words. 3. The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. He may refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verification. If the President declares the proposal admissible, he shall announce it in plenary and refer it to the committee responsible. Before such referral, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible. The committee ~~shall take a decision on further action within three m~~may recommend to the President that the proposal be opened for signature by any Member, subject to the modalities and deadlines set out in Rule 123(1a), 123(2) and 123(5). Where such a proposal is signed by a majority of Parliament's component members, the report on th~~s of the referral, and after~~e proposal shall be deemed to be authorised by the Conference of Presidents. The committee shall draw up a report in accordance with Rule 48, having heard the authors of the proposal. Where ~~the committee decides to submit the proposal to Parliament in accordance with the procedure set out in Rule 48, t~~a proposal is not opened for additional signatures or is not signed by a majority of Parliament's component Members the committee responsible shall take a decision on further action within three months of the referral, and after having heard the authors of the proposal. The authors of the proposal shall be named in the title of the report.

2012/06/25
Committee: AFCO

2011/2058(REG)

Proposal for a decision
Recital G

G. In light of Parliament's ~~growing powers, the significance of written declarations has substantially diminished~~increased prerogatives, as well as the introduction of the European citizens' initiative, the significance of written declarations has changed, though they still can be a useful tool enabling Members to raise awareness on issues of public concern;

2012/06/25
Committee: AFCO

2011/2058(REG)

Proposal for a decision
Recital H

H. Written declarations have a very limited impact, in terms of both agenda-setting and influencing decisions taken by the institutions, and may give a misleading impression as to their effectiveness. However, when properly used, they still retain value as a popular campaigning tool. For proposals calling for a legislative action Rule 42(2) should be used, giving individual Members a real opportunity to influence Union legislation and to incorporate a given proposal into the work of Parliament's committees;

2012/06/25
Committee: AFCO

2011/2058(REG)

Frank ENGEL, Rafał TRZASKOWSKI

Proposal for a decision
Recital I

I. ~~Written declarations should be gradually restricted and~~The quality and relevance of some written declarations, and in particular their concordance with the competences of the Union as set out in Title I of Part I of the Treaty on the Functioning of the European Union, can be underwhelming. Therefore, in the next term, the Parliament ~~should examine whether they should not be completely abolished~~might assess the impact of the new provisions of its Rules of Procedure concerning written declarations and examine their effectiveness;

2012/06/25
Committee: AFCO

2011/2048(INI)

Motion for a resolution
Paragraph 9

9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should ~~be removed, and that in principle there should be only one option for the award of contracts:~~no longer be the determining factor for the award of contracts and that it should in general be replaced by that of the most economically advantageous tender –, including the entire life-cycle costs of the relevant goods, services or works ~~– should be chosen~~;

2011/07/26
Committee: IMCO

2011/2048(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Points out that selection criteria on financial standing such as company's turnover requirements should be proportional to the character of a given contract;

2011/07/26
Committee: IMCO

2011/2027(INI)

Draft opinion
Paragraph 1

1. IStresses that timely transposition of EU directives is essential for the smooth functioning of the Single Market to the benefit of consumers and enterprises in the EU; welcomes the progress made to achieve this goal, but remains concerned about the high number of infringement cases opened for late transposition of directives;

2011/04/19
Committee: IMCO

2011/2027(INI)

Draft opinion
Paragraph 5

5. Is concerned about high numbers of infringements in the fields of recognition of professional qualifications, services and public procurement; is of the opinion that further clarifications of the legal frameworks in these fields would be useful in order to help national authorities in the implementation process;

2011/04/19
Committee: IMCO

2011/2027(INI)

Draft opinion
Paragraph 7

7. Endorses initiatives taken by Member States to optimize transposition of Single Market directives, including inter alia, establishing appropriate incentives for competent departments and setting up warning systems when nearing the transposition deadline;

2011/04/19
Committee: IMCO

2011/2027(INI)

Draft opinion
Paragraph 11

11. CRecalls the importance of SOLVIT in helping European consumers and businesses enjoy their rights in the Single Market; welcomes the progress made in improving the functioning of SOLVIT and calls on the Commission and the Member States to further reinforce ~~SOLVIT~~it;

2011/04/19
Committee: IMCO

2011/2027(INI)

Draft opinion
Paragraph 11 a (new)

11a. Points out that judicial proceedings are costly and time consuming for both citizens and businesses and represent a significant burden on EU and national courts which are already overloaded; underlines the importance of proper alternative dispute resolution mechanisms in order to reduce this burden;

2011/04/19
Committee: IMCO

2011/2024(INI)

Motion for a resolution
Paragraph 26 a (new)

26a. Notes that the negotiations between the EU and Switzerland have led to an agreement regarding the amending of Annex III of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons so as to include Directive 2005/36/EC; notes that the agreement foresees a provisional application of most of the Directive, with the exception of Title II, which requires adaptations in Switzerland and that the Council Decision regarding the above- mentioned agreement shall lapse if the Swiss fail to notify the completion of their internal procedures for the implementation of the Decision within 24 months after the adoption of the Decision; is committed to follow thoroughly the developments on this issue;

2011/09/22
Committee: IMCO

2011/0817(NLE)

Motion for a resolution
Recital J

J. on the basis of academic evidence and case-law, Protocol No 30 does not exempt Poland and the United Kingdom from the binding provisions of the Charter, it is not an 'opt-out', it does not amend the Charter and it does not alter the legal position which would prevail if it were not to exist*. The only effect it has is to create legal uncertainty not only in Poland and the United Kingdom but also in other Member States1,

2012/06/14
Committee: AFCO

2011/0817(NLE)

Motion for a resolution
Recital K

K. an important function of the Charter is to increase the prominence of fundamental rights and to make them more visible, ~~but Protocol No 30 gives rise to legal uncertainty and political confusion, thereby undermining the efforts of the Union to reach and maintain a uniformly high level of rights protection~~and according to the Commission opinion of 4 May 20121 the purpose of Protocol No 30 is to clarify the application of the Charter in relation to the laws and administrative action of Poland and the United Kingdom and of its justiciability within those Member States,

2012/06/14
Committee: AFCO

2011/0817(NLE)

Motion for a resolution
Recital Q

Q. major doubts exist as to whether there is a majority in the Czech Parliament to ensure ratification of the new protocol aimed at extending the application of Protocol No 30 to the Czech Republic; hence, it would be appropriate to wait until these doubts are resolved,

2012/06/14
Committee: AFCO

2011/0817(NLE)

Rafał TRZASKOWSKI, Danuta JAZŁOWIECKA

Motion for a resolution
Paragraph 1

1. Calls on the European Council to ~~decide not to~~ examine the proposed amendment of the Treaties, in order to annex to the Treaty on European Union and the Treaty on the Functioning of the European Union a Protocol on the application of the Charter of Fundament ~~of the Treaties;~~ al Rights of the European Union to the Czech Republic;

2012/06/14
Committee: AFCO

2011/0440(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part

(d) ‘"usual residence’" shall means the ~~same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008.~~ place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage.The following persons alone shall be considered to be usual residents of the geographical area in question:

2012/11/08
Committee: AFCO

2011/0440(COD)

Rafał TRZASKOWSKI, Danuta JAZŁOWIECKA

Proposal for a regulation
Article 2 – paragraph 1 – point d – paragraph 2

Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence. In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.

2012/11/08
Committee: AFCO

2011/0440(COD)

Rafał TRZASKOWSKI, Danuta JAZŁOWIECKA

Proposal for a regulation
Article 4 – paragraph 1

For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. ~~For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.~~

2012/11/08
Committee: AFCO

2011/0440(COD)

Danuta JAZŁOWIECKA, Rafał TRZASKOWSKI, Joanna Katarzyna SKRZYDLEWSKA

Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part

(d) ‘usual residence’ shall means the ~~same as in Article 2(d) first paragraph of Regulation (EC) No 763/2008~~place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. The following persons alone shall be considered to be usual residents of the geographical area in question:

2012/10/24
Committee: EMPL

2011/0440(COD)

Danuta JAZŁOWIECKA, Rafał TRZASKOWSKI, Joanna Katarzyna SKRZYDLEWSKA

Proposal for a regulation
Article 2 – paragraph 1 – point d – subparagraph 2

Where the circumstances described in point (i) or (ii) cannot be established, "usual residence" shall mean the place of legal or registered residence; In applying the definition of ‘usual residence’, Member States shall treat special cases as in the Annex to Commission Regulation (EC) No 1201/2009.

2012/10/24
Committee: EMPL

2011/0440(COD)

Danuta JAZŁOWIECKA, Rafał TRZASKOWSKI, Joanna Katarzyna SKRZYDLEWSKA

Proposal for a regulation
Article 4 – paragraph 1

For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end of the reference year. ~~For the purposes of this Article, Member States shall not provide data on population at their place of legal or registered residence at the reference time.~~

2012/10/24
Committee: EMPL

2011/0439(COD)

Proposal for a directive
Recital 22

(22) This Directive should apply neither to contracts intended to permit the performance of an activity referred to in Articles 5 to 11 nor to design contests organised for the pursuit of such an activity if, in the Member State in which this activity is carried out, in all or in part, even in relation to single sectors or segments of it, it is directly exposed to competition on markets to which access is not limited. It is therefore appropriate to maintain the procedure, applicable to all sectors covered by this Directive that will enable the effects of current or future opening up to competition to be taken into account. Such a procedure should provide legal certainty for the entities concerned, as well as an appropriate decision-making process, ensuring, within short time limits, uniform application of Union law in this area.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 23

(23) Direct exposure to competition should be assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned or of a part of it. This assessment is, however, limited by the applicable short deadlines and by having to be based on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 28 - which can not be supplemented by more time consuming methods, including notably public inquiries of economic operators concerned. The assessment of direct exposure to competition that can be carried out in the context of this directive is consequently without prejudice to the full-fledged application of competition law.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 24

(24) The implementation and application of appropriate Union legislation opening a given sector, or a part of it, will be considered to provide sufficient grounds for assuming that there is free access to the market in question. Such appropriate legislation should be identified in an annex which can be updated by the Commission. It is appropriate that this annex should currently refer to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC27 , Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC28 ~~and Directive 94/22/EC~~, Directive 94/22/EC and Directive 91/440/EC on the development of the Community's railways.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 46

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

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 47

(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.

2012/09/03
Committee: IMCO

2011/0439(COD)

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

2. Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting entities from economic operators chosen by those contracting entities.

2012/09/03
Committee: IMCO

2011/0439(COD)

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

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
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 and engages in economic activities by offering goods and services on the market, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 2 – point 22

(22) ‘life cycle’ means all consecutive and/or interlinked stages, including ~~production~~research, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fpro~~m raw material acquisition or generation of resources to disposal, clearance an~~vided data in relation to these are measurable and can be collated fin~~alisation;~~ a meaningful manner.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 19 – paragraph 1 – point b

b) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b

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

2012/09/03
Committee: IMCO

2011/0439(COD)

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

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

2012/09/03
Committee: IMCO

2011/0439(COD)

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

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

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
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 in which it is performed, or in the related specific sectors or segments 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.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1

2. For the purposes of paragraph 1, the question of whether an activity is directly exposed to competition the relevant market, both in its product and geographic dimension, has to be defined. Definition of the relevant 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 which are regarded as substitutable both on the demand and the supply side – for instance as far as inter- modality in the transport sector is concerned-, the existence of alternative goods or services, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1

3. For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the Member State has implemented and applied the Union legislation listed in Annex III, or if the Member State has extended to the concerned market the application of principles established by the mentioned legislation. If free access to a given market cannot be presumed on the basis of the first subparagraph, it must be demonstrated that access to the market in question is free de facto and de jure.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
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 completely or partially, even with regard to single sectors or segments of it, directly exposed 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 desing contests for the pursuit of that activity or of a single sector or segment of it.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
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~~. 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 of a single sector or segment of it.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
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, or of a single sector or segment of it, referred to in Articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing decisions shall be adopted in accordance with the advisory procedure referred to in Article 100(2) .

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 28 – paragraph 2 – subparagraph 2 – introductory part

Contracts intended to enable the activity concerned, or of a single sector or segment of it, to be carried out and design contests that are organised for the pursuit of such an activity, or of a single sector or segment of it, shall cease to be subject to this Directive in any of the following cases:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2

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

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3

Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. If the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point c

(c) whe~~re the aim of the procurement is the creation or obtention of a work of art~~n for artistic reasons the contract may be awarded only to a particular economic operator;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point e

(e) insofar as is strictly necessary where, for reasons of extreme urgency ~~brought about by force majeure~~, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point f a (new)

(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 2

A framework agreement means an agreement between one or more contracting entities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period~~, in particular with regard to price and, where appropriate, the quantities envisaged~~.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3

~~The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.~~deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 2

2. Contracts based on a framework agreement shall be awarded in accordance with the procedures laid down in this paragraph and paragraphs 3 and 4. Those procedures may be applied only between those contracting entities clearly identified for this purpose in the call for competition, in the invitation to confirm interest or, where a notice on the existence of a qualification system is used as a means of calling for competition, in the invitation to tender and those economic operators originally party to the framework agreement. Contracts based on a framework agreement may under no circumstances make substantial modifications to the terms laid down in that framework agreement, in particular in the case referred to in paragraph 3. Contracting entities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 3

3. Where a framework agreement is concluded with a single economic operator, contracts based on that agreement shall be awarded within the limits of the terms laid down in the framework agreement. For the award of those contracts, contracting entities may consult the operator party to the framework agreement in writing, requesting it to supplement its tender as necessary.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 4

4. Where a framework agreement is concluded with more than one economic operator, it may be performed in one of the two following ways: (a) following the terms and conditions of the framework agreement, without reopening competition, where it sets out all the terms governing the provision of the works, services and supplies concerned and the objective conditions for determining which of the economic operators, party to the framework agreement, shall perform them; the latter conditions shall be indicated in the procurement documents; (b) where not all the terms governing the provision of the works, services and supplies are laid down in the framework agreement, through reopening competition amongst the economic operators parties to the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 5

5. The competition referred to in paragraph (4)(b) shall be based on the same terms as applied for the award of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting entities shall consult in writing the economic operators capable of performing the contract; (b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject- matter of the contract and the time needed to send in tenders; (c) tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has expired; (d) contracting entities shall award each contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the specifications of the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 5

5. The competition referred to in paragraph (4)(b) shall be based on the same terms as applied for the award of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting entities shall consult in writing the economic operators capable of performing the contract; (b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject- matter of the contract and the time needed to send in tenders; (c) tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has expired; (d) contracting entities shall award each contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the specifications of the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 49 – paragraph 1

1. CMember States may stipulate that contracting entities may purchase works, supplies and/or services from or through a central purchasing body.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 49 – paragraph 2

2. Member States ~~shall~~may also provide for the possibility for contracting ~~ent~~authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 1

1. Without prejudice to Title I, Chapter III, Section 2, Subsection 2: Special relations, ~~contracting entities from different~~Member States may stipulate that contracting entities may award public contracts jointly with contracting entities from other Member States ~~may~~if: (a) the jointly award ~~contracts by using one of the means described in this Articl~~of a public contract is justified due to cross-border nature of the contract or; (b) the public contract is co-financed by contracting authorities from different Member States or; (c) the public contract is of innovative nature.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 2

2. Several contracting entities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 3 – subparagraph 1 – introductory part

~~Several contracting entities from different Member States may jointly award a contract. In that case~~In a case referred to in the paragraph 1, the participating contracting entities shall conclude an agreement that determines

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 5

5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting entity on behalf of the others, the national provisions of the Member State of that contracting entity shall apply; (b) where the procedure is not conducted or managed by one participating contracting entity on behalf of the others, and (i) concerns a works contract, contracting entities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting entities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting entities shall apply the national provisions of the Member State of the contracting entity which bears the biggest share of the costs.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 6

6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation governing procurement procedures conducted by joint legal entities set up by several contracting entities from different Member States shall be determined following the following rules: (a) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply; (b) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b)of paragraph 5 shall apply; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting entities shall apply the national provisions of the Member State where the legal entity has its registered office.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 6 a (new)

6 a. Several contracting entities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 49 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 7

7. OMember States may stipulate that one or more contracting entities may award individual contracts under a framework agreement concluded by or jointly with a contracting entity located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting entity or entities to award the individual contracts.

2012/09/03
Committee: IMCO

2011/0439(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 52 – paragraph 9

9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 92/13/EEC47 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting entities established on their territory participating in the relevant cross-border public procurement procedure.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

Contracts may be subdivided into ~~homogenous or heterogeneous~~ lots. Article 13 (7) applies.

2012/09/03
Committee: IMCO

2011/0439(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2

CWhere the contracting entit~~ies~~y limits the possibility to tender to one or more lots it shall indicate, it in the contract notice, in the invitation to confirm interest, or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate, ~~whether tenders are limited to one or more lots only.~~or in the procurement documents

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 3

3. Where more than one lot may be awarded to the same tenderer, contracting entities may provide that they will either award a contract per lot or one or more contracts, covering several or all lots. Contracting entities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting entities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 76 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 76 are better fulfilled with regard to all the lots covered by that contract. Contracting entities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 70 – paragraph 5

5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply~~, at least in an equivalent manner,~~ with obligations established by Union or national 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.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1

The most economically advantageous tender referred to in ~~point (a) of~~ paragraph 1) from the point of view of the contracting ~~ent~~authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs, other criteria linked to the subject-matter of the public contract in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part

~~Those criteria shall include~~ Costs shall be assessed using a~~ddition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the contract in question, such as~~ cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 77. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a

(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative ~~character~~aspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b

(b) ~~for service contracts and contracts involving the design of works, the~~ wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting entity ~~which must verify that replacements ensure equivalent organisation and quality~~;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point a

(a) internal costs, including costs relating to acquisition, ~~such as production costs,~~costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified~~, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs~~.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a

(a) it has been drawn up ~~on the basis~~in close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the data required can be provided with reasonable effort by normally diligent economic operators,

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1

3. Whenever a common methodology for the calculation of life-cycle costs ~~is adopted as part of a legislative act of the Union, including~~covering among others environmental externalities has been made mandatory by dea leg~~ated acts pursuant to sector specific legislat~~islative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1).

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2

A list of such legislative ~~and delegated~~ acts is set out in Annex XV. The Commission, shall be empowered to adopt delegated acts in accordance with Article 98 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – introductory part

1. The contracting entity shall request economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point b

(b) the price or cost ~~charged is more than~~indicated in a tender is at least 20 % lower than the price ~~or costs~~ of the second lowest tender;,

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 2

2. ~~Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanations~~Contracting entities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3

Contracting entities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 81 – paragraph 2 a (new)

2a. Member States may decide that the contracting entity may exclude a subcontractor indicated by the tender if: (i) the subcontractor does not fulfil criteria for selection envisaged for a tender (ii)the subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of contract award criteria indicated in Article 76.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 82 – 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 12 and where it is below 515 % 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.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 86 – paragraph 1

1. Member States shall put in place ~~appropriate procedur~~rules for the award of contracts subject to this Chapter, ~~ensuring full compliance with the~~taking into account principles of transparency and equal treatment of economic operators ~~and allowing contracting entities to take into account~~. The rules shall take into consideration the specificities of the services in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 93

Article 93 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter "the oversight body"). Member States shall inform the Commission of their designation. All contracting entities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities or fostering innovation; (c) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting entities and in particular by central purchasing bodies; (b) providing legal advice to contracting entities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting entities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of directive 92/13/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting entities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where the contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting entities' decisions comply with this Directive and the general principles of the Treaty on the Functioning of the European Union shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of supply contracts or service contracts; (b) 10 000 000 EUR in the case of works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report mentioned in paragraph 2.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 96

Article 96deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 97 – paragraph 3

3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 97 – paragraph 4

4. The exchange of information shall take place via the Internal Market Information system established pursuant to Regulation (EU) N° XXX/XXXX of the European Parliament and Council52 [proposal for a Regulation of the European Parliament and Council on the administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) COM(2011)522]. Member States shall supply information requested by other Member States within the shortest possible period of time.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)

(ea) the procedures to allocate railway infrastructure capacity, railway licences or safety certifications in accordance with the Directives 95/18/EC, 2001/14/EC and 2004/49/EC.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 3 – point D – paragraph 1

Rail ~~Freight~~ transport

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 3 – point D – paragraph 3

~~Rail passenger transport None~~deleted

2012/09/03
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 40

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

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 41

(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 50

(50) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first-hand and timely information, particularly in relation to different problems affecting the implementation of public procurement law. It should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corruption and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High-value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

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

2. Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities~~, whether or not the works, supplies or services are intended for a public purpose~~. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities.

2012/07/12
Committee: IMCO

2011/0438(COD)

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

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)

This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves pursuant to Protocol No 26 of the Treaty. Public authorities may perform public interest tasks using their own resources, without being obliged to call on external economic operators. They may do so in cooperation with other public authorities without this relationship necessarily taking the form of a public procurement contract.

2012/07/12
Committee: IMCO

2011/0438(COD)

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

(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including ~~production~~research, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fpro~~m raw material acquisition or generation of resources to disposal, clearance an~~vided data in relation to these are measurable and can be collated fin~~alisation~~ a meaningful manner.

2012/07/12
Committee: IMCO

2011/0438(COD)

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

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

2012/07/12
Committee: IMCO

2011/0438(COD)

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

c) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;

2012/07/12
Committee: IMCO

2011/0438(COD)

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

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

2012/07/12
Committee: IMCO

2011/0438(COD)

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

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

2012/07/12
Committee: IMCO

2011/0438(COD)

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

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

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

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

Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a

(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the ~~national oversight body designated according to Article 84~~competent national body where they so request.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point b

(b) whe~~re the aim of the procurement is the creation or obtention of a work of art~~n for artistic reasons the contract may be awarded only to a particular economic operator;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d

(d) insofar as is strictly necessary where, for reasons of extreme urgency ~~brought about by force majeure~~, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 35 – paragraph 1

1. CMember States may stipulate that contracting authorities may purchase works, supplies and/or services from or through a central purchasing body.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 35 – paragraph 2

2. Member States ~~shall~~may also provide for the possibility for contracting authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 1

1. Without prejudice to Article 11, ~~contracting authorities from different~~Member States may stipulate that contracting authorities may award public contracts jointly with contracting authorities from other Member States ~~may~~if: (a) jointly award of public contract~~s by using one of the means described in this Article.~~ is justified due to cross-border nature of the contract or; (b) public contract is co-financed by contracting authorities from different Member States or; (c) public contract is of innovative nature

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 2

2. Several contracting authorities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 3 – subparagraph 1 – introductory part

~~Several contracting authorities from different Member States may jointly award a public contract. In that case~~In the case referred to in the paragraph 1, the participating contracting authorities shall conclude an agreement that determines:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 5

5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting authority on behalf of the others, the national provisions of the Member State of that contracting authority shall apply; (b) where the procedure is not conducted or managed by one participating contracting authority on behalf of the others, and (i) concerns a works contract, contracting authorities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting authorities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting authorities shall apply the national provisions of the Member State of the contracting authority which bears the biggest share of the costs.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 5 a (new)

5 a. Several contracting authorities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 35 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 6

6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation governing procurement procedures conducted by joint legal entities set up by several contracting authorities from different Member States shall be determined following the following rules: (a) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply. (b) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b) of paragraph 5 shall apply. (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting authorities shall apply the national provisions of the Member State where the legal entity has its registered office.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 7

7. OMember States may stipulate that one or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts.

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 38 – paragraph 9

9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 89/665/EEC33 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting authorities established on their territory participating in the relevant cross-border public procurement procedure.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1

Public contracts may be subdivided into ~~homogenous or heterogeneous lots. For~~lots. For supply and services contracts with a value equal to or greater than ~~the thresholds provided for in Article 4 but not less~~EUR 500 000 and for works contracts with a value equal to or greater than EUR 510 000 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall ~~provide~~state that in the contract notice or in the invitation to confirm interest ~~a specific explanation of its reasons~~.

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2

CWhere the contracting authorit~~ies~~y limits the possibility to tender to one or more lots it shall indicate, it in the contract notice or, in the invitation to confirm interest~~, whether tenders are limited to one or more lots only~~ or in the procurement documents.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 1

~~Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2

~~Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3

Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 54 – paragraph 2

2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply, ~~at least in an equivalent manner,~~ with obligations established by Union or national 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.

2012/07/12
Committee: IMCO

2011/0438(COD)

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

~~(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)

(ca) where the contracting authority can demonstrate by any means that the economic operator is guilty of grave professional misconduct other than indicated in point (a), for instance where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.

2012/07/12
Committee: IMCO

2011/0438(COD)

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

(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1

1. Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2

For this purpose, the candidate or tenderer shall prove that it has compensated any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personal measures that are appropriate to prevent further criminal offences or misconduct. Contracting authorities shall evaluate the measures taken by the candidates and tenderers taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the contracting authority considers the measures to be insufficient, it shall state the reasons for its decision.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2

Candidates and tenderers shall not be required to re-submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past four years in an earlier procedure and is still valid.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 59

Article 59 European Procurement Passport 1. National authorities shall issue, at the request of an economic operator established in the relevant Member State and fulfilling the necessary conditions, a European Procurement Passport. The European Procurement Passport shall contain the particulars set out in Annex XIII and shall be drawn up on the basis of a standard form. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 in order to modify Annex XIII due to technical progress or for administrative reasons. It shall also establish the standard form for the European Procurement Passport. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 2. At the latest 2 years after the date provided for in Article 92(1), the passport shall be provided exclusively in electronic form. 3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data. 4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six months earlier. 5. Member States shall make available to other Member States, upon request, any information relating to the authenticity and content of the European Procurement Passport. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 88.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part

1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be ~~one of the following:~~the most economically advantageous tender.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2

Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – introductory part

2. The most economically advantageous tender referred to in ~~point (a) of~~ paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs ~~referred to in point (b) of paragraph 1~~, other criteria linked to the subject-matter of the public contract in question~~, such as~~. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point a

(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative ~~character~~aspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK

Proposal for a directive
Article 66 – paragraph 2 – point b

(b) ~~for service contracts and contracts involving the design of works, the~~ wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting authority~~, which must verify that replacements ensure equivalent organisation and quality~~;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 3

~~3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a

(a) internal costs, including costs relating to acquisition, ~~such as production costs,~~costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified~~, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs~~.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a

(a) it has been drawn up ~~on the basis~~in close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the data required can be provided with reasonable effort by normally diligent economic operators,

2012/07/12
Committee: IMCO

2011/0438(COD)

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

3. Whenever a common methodology for the calculation of life-cycle costs ~~is adopted as part of a legislative act of the Union, including~~covering among others environmental externalities has been made mandatory by dea leg~~ated acts pursuant to sector specific legislat~~islative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).

2012/07/12
Committee: IMCO

2011/0438(COD)

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

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

2012/07/12
Committee: IMCO

2011/0438(COD)

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

1. Contracting authorities shall require economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/07/12
Committee: IMCO

2011/0438(COD)

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

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

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

(b) the price or cost ~~charged is more than~~indicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;

2012/07/12
Committee: IMCO

2011/0438(COD)

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

~~(c) at least five tenders have been submit~~deleted.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 2

2. ~~Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such explanations~~Contracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1

4. The contracting authority shall verify the information provided by consulting the tenderer. ~~It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.~~

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2

Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 71 – paragraph 2 a (new)

2a. Member States may decide that the contracting authority may exclude a subcontractor indicated by the tender if: (i) subcontractor does not fulfil criteria for selection envisaged for a tender (ii) subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of criteria for qualitative selection indicated in Articles 55 and 56

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 76 – paragraph 1

1. Member States shall put in place ~~appropriate procedur~~rules for the award of contracts subject to this Chapter, ~~ensuring full compliance with the~~taking into account principles of transparency and equal treatment of economic operators ~~and allowing contracting authorities to take into account~~. The rules shall take into consideration the specificities of the services in question.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 84

Article 84 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 1 – point h

~~(h) where applicable, conflicts of interests detected and subsequent measures taken.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 2

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

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 3

The report, or its main elements, shall be communicated to the Commission or to the ~~national oversight~~competent national body where they so request.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 1

1. The ~~bodies established or appointed in accordance with Article 84~~competent bodies in Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 2 – point a

(a) a complete and up-to-date list of all central government authorities, sub- central contracting authorities and bodies governed by public law, including sub- central authorities and associations of contracting authorities awarding public contracts or framework agreements, indicating for each authority the unique identification number where such number is provided for in national legislation; this list shall be grouped by type of authority;deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 2 – point b

~~(b) a complete and up-to-date list of all central purchasing bodies;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 4

4. Member States shall make available to the Commission information on their institutional organisation related to the implementation, monitoring and enforcement of this Directive, as well as on national initiatives taken to provide guidance on or assist in implementation of Union rules on public procurement, or to respond to challenges confronting the implementation of those rules.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 87

Article 87 Assistance to contracting authorities and businesses 1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions. 2. With a view to improving access to public procurement for economic operators, in particular SMEs, and in order to facilitate correct understanding of the provisions of this Directive, Member States shall ensure that appropriate assistance can be obtained, including by electronic means or using existing networks dedicated to business assistance. 3. Specific administrative assistance shall be available to economic operators intending to participate in a procurement procedure in another Member State. Such assistance shall at least cover administrative requirements in the Member State concerned, as well as possible obligations related to electronic procurement. Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which are in force in the Member State, in the region or locality where the works are to be carried out or the services are to be provided and which will be applicable to the works carried out on site or to the services provided during the performance of the contract. 4. For the purposes of paragraphs 1, 2 and 3, Member States may appoint a single body or several bodies or administrative structures. Member States shall ensure due coordination between those bodies and structures.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 88 – paragraph 3

3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 88 – paragraph 4

4. The exchange of information shall take place via the Internal Market Information system established pursuant to Regulation (EU) N° XXX/XXXX of the European Parliament and Council44 [proposal for a Regulation of the European Parliament and Council on the administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) COM(2011) 522]. Member States shall supply information requested by other Member States within the shortest possible period of time.deleted

2012/07/12
Committee: IMCO

2011/0437(COD)

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

The ~~right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph~~award of a concession shall impliy the transfer to the concessionaire of the substantial operating risk. The concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.

2012/10/23
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b

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

2012/10/23
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90%~~the bulk of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;

2012/10/23
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Article 41 – paragraph 2 a (new)

2a. Member States may provide for the grantor to reject a subcontractor proposed by an economic operator in the event of: (i) the subcontractor failing to meet the conditions for participation in the procedure envisaged for the economic operator performing the contract; (ii) the subcontractor not having the capacities to perform part of the contract properly. The conditions for participation in the procedure and the capacities of the subcontractor to perform the contract shall be assessed in proportion to the part of the contract performed, on the basis of the selection criteria laid down in Article 36.

2012/10/23
Committee: IMCO

2011/0435(COD)

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

This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of ~~remunerated~~ traineeships pursued in another Member State.

2012/10/17
Committee: IMCO

2011/0435(COD)