1501 Amendments of Robert ROCHEFORT
Amendment 46 #
2018/2091(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises that the 2018 European Year of Cultural Heritage represents an opportunity to increase awareness of the unique strength and diversity of EU's cultural heritage and the vital role it plays in our societies and economies, in creating a sense of belonging, in promoting active citizenship and in defining our fundamental values and identity; Notes that the EC placed the protection and promotion of cultural heritage as one of the three strategic objectives and recommends that the work carried out within the EYCH 2018 be taken into consideration for the drafting of future policies and programmes.
Amendment 52 #
2018/2091(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to present an Action Plan for Cultural Heritage and emphasises the need to focus on both tangible and intangible aspects of Europe’s heritage, that will contribute to the long-term legacy of the European Year of Cultural Heritage 2018. Emphasises the need for the Action Plan to focus on both tangible and intangible heritage, to address all the issues discussed within the 10 European initiatives and to bring forward the recommendations issued during the EYCH 2018. Moreover, agrees with the EC proposal to ask Member States to prepare complementary Action Plans at national level;
Amendment 58 #
2018/2091(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EC to set up a single EU portal dedicated to cultural heritage, bringing together information from all the EU programmes funding cultural heritage and structured into three main sections - funding opportunities for cultural heritage; a database with examples of best practices and excellence from the field of cultural heritage and relevant references; and news and links concerning cultural heritage-related policy developments, actions and events;
Amendment 70 #
2018/2091(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the creation of an online directory of European films and the launch of the first EU Film Week and encourages the Commission and the Member States, in collaboration with the creative industries, to boost the visibility of European cinema in Europe and across the world, in particular by developing a European platform providing access to licensed EU films, while remunerating artists and right- holders fairly and respecting the principle of territoriality;
Amendment 128 #
2018/2091(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that, despite the EU added value of cultural investment, Creative Europe represents 0.15 % of the overall EU budget, of which only 31 % is earmarked for culture; welcomesnotes that the policy areas of the new Creative Europe programme will be expanded; welcomes, therefore, the new MFF proposal and the proposed increase in funding as a good first step and calls for a doubling of the budget allocated to the new Creative Europe programme;
Amendment 138 #
2018/2091(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the popularity of Creative Europe, combined with its underfunding and administrative complexity, led to a mere 16.2 % success rate; points out that this acts as a dissuasive factor and prevents many CCS actors from applying;
Amendment 144 #
2018/2091(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the crossover impact of culture and calls on the Commission and the Member States to report on how much funding is allocated to culture across all funding programmes and ensure that it amounts to at least 1 % of the next MFF; invites the EU regions to designate culture, cultural heritage and CCSs as a priority in the structural funds;
Amendment 129 #
2018/2090(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to make good use ofpromote Union financial support among the wider public and educational institutions and to make good use of it to make access to digital learning content, tools and solutions a reality for all;
Amendment 148 #
2018/2090(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for a shift towards more non- the-jobformal and informal learning and insists on the need to have the right education and training frameworks in place, and to ensure that vocational education systems are properly resourced; believes that opportunities for re-skilling and upskilling are essential, with relevant digital skills components mainstreamed in workplace training programmes;
Amendment 174 #
2018/2090(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the introduction of the PISA ICT module across Member States to ensure that they are aiming for the same level of digital skills and to pinpoint any problems quickly; encourages Member States to share lessons and best practices, in particular in the area of educational innovation;
Amendment 6 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area and the successful implementation of the European Pillar of Social Rights, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty, in particular child poverty; highlights the need for continued support for the inclusion of migrants; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014-2020 multiannual financial framework (MFF);
Amendment 132 #
2018/2034(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that adequate skills can be acquired and the skills mismatch tackled by improving the quality and accessibility of education and training, including targeted quality training, in particular in digital and entrepreneurial areas, and reinforcing upskilling and reskilling measures, which require appropriate support, including funding at EU, national and regional level; points to the need to increase the relevance of vocational training to the labour market;
Amendment 22 #
2018/0230(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The solidarity activities offered to young people should be of high quality, in the sense that they should respond to unmet societal needs, contribute to strengthening communities, offer young people the opportunity to acquire valuable knowledge and competences, be financially accessible to young people, with particular effort being made to promote the participation of young people with fewer opportunities and be implemented in safe and healthy conditions.
Amendment 28 #
2018/0230(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) These activities should be to the benefit of communities while also fostering the individual’s personal, educational, social, civic and professional development, which may take the form of volunteering, traineeships and jobs, projects or networking activities, developed in relation to different areas, such as education and training, social inclusion, employment, gender equality, entrepreneurship – in particular social entrepreneurship – ,citizenship and democratic participation, environment and nature protection, climate action, disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non- food items, health and wellbeing, creativity and culture, heritage protection, physical education and sport, social assistance and welfare, youth assistance, reception and integration of third-country nationals, territorial cooperation and cohesion, and cooperation across borders. Such solidarity activities should include a solid learning and training dimension through relevant activities that can be offered to participants before, during and after the solidarity activity.
Amendment 71 #
2018/0230(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) These activities should be to the benefit of communities while also fostering the individual’s personal, educational, social, civic and professional development, which may take the form of volunteering, traineeships and jobs, projects or networking activities, developed in relation to different areas, such as education and training, social inclusion, employment, gender equality, entrepreneurship – in particular social entrepreneurship – ,citizenship and democratic participation, environment and nature protection, climate action, disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non- food items, health and wellbeing, creativity and culture, heritage protection, physical education and sport, social assistance and welfare, youth assistance, reception and integration of third-country nationals, territorial cooperation and cohesion, and cooperation across borders. Such solidarity activities should include a solid learning and training dimension through relevant activities that can be offered to participants before, during and after the solidarity activity.
Amendment 82 #
2018/0230(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Young people’s spirit of initiative is an important asset for society and for the labour market. The European Solidarity Corps contributes to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities. These projects are an opportunity to try out ideadevelop innovative solutions to common challenges and support young people to be themselves drivers of solidarity actions. They also serve as a springboard for further engagement in solidarity activities and are a first step towards encouraging European Solidarity Corps participants to engage in self-employment or setting upcontinue to be active citizens either as volunteers, trainees or as employees in associations, non-governmental organisations or other bodies active in the solidarity, non-profit and youth sectors.
Amendment 88 #
2018/0230(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Particular attention should be given to ensuring the quality of the activities and other opportunities offered under the European Solidarity Corps, in particular by offering adequate online or offline training, language support, insurance, administrative and post-activity support to participants as well as the validation of the knowledge, skills and competences acquired through their European Solidarity Corps experience. Security and safety of the volunteers remain of paramount importance and volunteers should not be deployed to operations conducted in the theatre of international and non- international armed conflicts. Those support measures should be developed and provided in collaboration with youth organisations and other non-profit and civil society organisations in order to tap into their expertise on the field.
Amendment 91 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘quality label’ means the certification attributed to a participating organisation willing to provide solidarity activities under the European Solidarity Corps, in the role of a host and/or in a support function and which attests that the organisation is able to provide high- quality solidarity activities in line with the principles and objectives of the European Solidarity Corps;
Amendment 131 #
2018/0230(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) where the health and safety of participants can be assured.
Amendment 141 #
2018/0230(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The European Solidarity Corps shall be open to the participation of public or private entities and international organisations, provided that they have received a European Solidarity Corps quality label to attest that the organisation is able to guarantee the quality of its activities in line with the principles and objectives of the European Solidarity Corps.
Amendment 149 #
2018/0230(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. As a result of the assessment the entity may be attributed the European Solidarity Corps quality label. The obtained label shall be re-assessed periodically and may be revoked. Any entity wishing to substantially changes its activities must inform the competent implementing body so that it can be re- assessed.
Amendment 182 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘European Solidarity Corps Portal’ means an interactive web-based tool, in all official languages of the Union, managed under the responsibility of the Commission, that provides relevant online services to support the quality implementation of the European Solidarity Corps, complementing activities of participating organisations, including providing information about the European Solidarity Corps, registering participants, searching for participants, advertising and searching for solidarity activities, searching for potential project partners, supporting contact making and offers for solidarity activities, training, communication and networking activities, informing and notifying about opportunities, providing a feedback mechanism regarding the quality of solidarity activities as well as other relevant developments related to the European Solidarity Corps;
Amendment 184 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘humanitarian aid activity’ means an activity supporting humanitarian aid operations in third countries intended to provide needs-based emergency assistance aimed at preserving life, preventing and alleviating human suffering, and maintaining human dignity in the face of man-made crises or natural disasters, including assistance, relief and protection operations in humanitarian crises or their immediate aftermath, supporting measures to ensure access to people in need and to facilitate the free flow of assistance, as well as actions aimed at reinforcing disaster preparedness and disaster risk reduction, linking relief, rehabilitation and development, and contributing towards strengthening resilience and capacity to cope with, and recover from crises; in compliance with the humanitarian aid principles referred to in Article 10(2), as well as the ‘do no harm principle’1a. _________________ 1a Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organisations (NGOs) in Disaster Relief; General Assembly Resolution 45/182; UNHCR, Emergency Handbook; OCHA on Humanitarian Principles; UNICEF’s Humanitarian Principles, July 2003
Amendment 191 #
2018/0230(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the Programme is to promote solidarity as a value, mainly through volunteering; to enhance the engagement of young people and organisations in accessible and high- quality solidarity activities as a means to contribute to strengthening cohesion, solidarity and, democracy and citizenship in the Union and abroad, addressing societal and humanitarian challenges on the ground, with particular effort to promote social inclusion. The participation in the Programme should result in a generation of young people more likely to engage in solidarity activities through their entire lives.
Amendment 198 #
2018/0230(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The specific objective of the Programme is to provide young people, including those with fewer opportunities, with easily accessible opportunities for engagement in solidarity activities effecting positive societal challenges in Europe and abroad while improving and properly validating their competences for personal, educational, social, cultural, civic and professional development; as well as facilitating their active citizenship, employability and transition into the labour market.
Amendment 204 #
2018/0230(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 (new)
Article 3 – paragraph 2 – subparagraph 1 (new)
(b) to ensure that the solidarity activities that are offered to participants are of high quality, properly validated and respect the principles of the European Solidarity Corps referred to in Article 16(2);
Amendment 221 #
2018/0230(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) measures aimed at ensuring the quality of volunteering, traineeships or jobs, including trainingargeted training particularly for those placements involving vulnerable groups, language support, complementary insurance, support before or after the solidarity activity as well as the further use of Youthpass that identifies and documents the competences acquired during the solidarity activities for participants, and capacity building and, administrative support for participating organisations;
Amendment 234 #
2018/0230(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Actions implemented under the strand ‘Participation of young people in solidarity activities addressing societal challenges’ shall in particular contribute to strengthening cohesion, solidarity, citizenship and democracy in the Union and abroad, while also responding to societal challenges with particular effort to promote social inclusion.
Amendment 252 #
2018/0230(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The actions under this Chapter shall be carried out in compliance with the humanitarian aid principles of humanity, neutrality, impartiality and independence, as well as the ‘do no harm principle’.
Amendment 254 #
2018/0230(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Volunteering in support of humanitarian aid operations as referred to in Article 4.1, point (a) shall include an adequate learning and training componentphase before the placement, shall comply with the humanitarian aid principles referred to in Article 10(2), including the ‘do no harm principle’, shall not substitute traineeships or jobs and shall be based on a written volunteering agreement.
Amendment 270 #
2018/0230(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The European Solidarity Corps shall be open to the participation of public or private entities and international organisations, provided that they have received a European Solidarity Corps quality label to attest that the organisation is able to offer high-quality solidarity activities in line with the principles and objectives of the European Solidarity Corps.
Amendment 282 #
2018/0230(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. As a result of the assessment the entity may be attributed the European Solidarity Corps quality label. The obtained label shall be re-assessed periodically and may be revoked. Any entity wishing to substantially change its activities must inform the competent implementing body so that it can be re- assessed.
Amendment 38 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and division, prejudice and anti-democratic ideologies, by means of new and more dangerous ways, using ‘fake news’ and cyber-attacks, spreading hate and mistrust against our open and inclusive societies, it is more important than ever to promote, strengthen and defend justice, rights and EU values:, EU values and the rule of law, which is inseparable from democracy itself, and a condition for its effectiveness. To promote and support human rights, respect for human dignity, freedom, democracy, equality, and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 44 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to makesupport, disseminate and protect our common values, rights and rich diversity, keeping them alive and vibrant. The ultimate objective is to nurture and sustain rights- based, equal, inclusive and democratic society. That includes defending a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 48 #
2018/0207(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Rights and Values programme (the 'Programme') should allow developing synergies to tackle the challenges that are common to the dissemination, promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved by building on the positive experience of the predecessor Programmes and also developing new innovative measures. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.
Amendment 49 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belongingsocial integration and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 71 #
2018/0207(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non- discrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, anti- semitism, anti-muslim hatred and other forms of intolerance, as misogyny, homophobia and ageism. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying (including cyber-bullying), harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 202010 ’ and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States11 . __________________ 10 COM(2011)173. 11 OJ C 378, 24.12.2013, p. 1.
Amendment 74 #
2018/0207(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with Union acts on equal treatment, Member States set up independent bodies for the promotion of equal treatment, commonly known as "equality bodies", in order to combat discrimination based on race and ethnic origin as well as gender. However, many Member States have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age, sexual orientation, religion and belief, disability or other grounds. Equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to discrimination in their country. It is essential that the work of all those relevant equality bodies is coordinated at Union level in this respect. EQUINET was created in 2007. Its members are the national bodies for the promotion of equal treatment as established by Council Directives 2000/43/EC15 and 2004/113/EC16 , and by Directives 2006/54/EC17 and 2010/41/EU18 of the European Parliament and of the Council. EQUINET is in an exceptional situation, being the only entity which ensures coordination of activities between equality bodies. This coordination activity by EQUINET is key for the good implementation of Union anti- discrimination law in Member States and should be supported by the Programme. __________________ 15 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 16 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37). 17 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 18 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 79 #
2018/0207(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) A high level of employment, the guarantee of adequate social protection, the fight against social exclusion, the pursuit of a high level of education and training are objectives to be incorporated by the EU when defining its policies and activities. The Programme should aim for equal opportunities among European citizens and to promote the objectives enshrined in article 9 TFEU, including exploring synergies and complementarities between those objectives.
Amendment 88 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or, belief or opinion, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well as policies to combat racism and all forms of intolerance, including online;
Amendment 95 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) increasing citizens’ understanding of the Union, its shared values, history, cultural heritage and diversity;
Amendment 130 #
2018/0202(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Member States should pay particular attention to disadvantaged beneficiaries, including disabled people, young and older unemployed persons, people with a low level of qualifications, and those at risk of poverty, when designing the coordinated package of active labour market policy measures, given that those groups experience particular problems in re- entering the labour market. Notwithstanding, the principles of gender equality and of non- discrimination, which are among the Union’s core values and are enshrined in the European Pillar of Social Rights, should be respected and promoted when implementing the EGF.
Amendment 138 #
2018/0202(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In compliance with the principle of sound financial management, financial contributions from the EGF should not replacebe intended to replace either national support programmes for workers or actions that are the responsibility of the companies making the redundancies, but should, where possible, complement support measures which are available for beneficiaries within the Union funds or other Union policies or programmes.
Amendment 140 #
2018/0202(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Special provisions should be included for information and communication activities on EGF cases and outcomes. The Commission should, in particular, promote the dissemination of existing best practice, raise the profile of the EGF, raise awareness of the EGF’s eligibility criteria and applications procedures, and do more to raise awareness of the EGF among EU citizens and workers.
Amendment 146 #
2018/0202(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The Member States should conduct effective communication activities in order to promote financial contributions from the EGF, emphasise that funding has come from the EU and raise the profile of activities financed by the EU under the EGF.
Amendment 150 #
2018/0202(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Considering the fact that the digital transformation of the economy requires a certain level of digital competence of the workforce, the dissemination of skills required in the digital age should be a mandatory horizontal element of anypromoted as one of the elements comprising the coordinated package of personalised services offered.
Amendment 154 #
2018/0202(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The EGF shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change. As such, the EGF shall contribute to the implementation of the principles defined under the European Pillar of Social Rights and enhance social and economic cohesion among regions and Member State, foster smart, inclusive and sustainable economic growth, and promote the creation of sustainable jobs.
Amendment 239 #
2018/0202(COD)
Proposal for a regulation
Article 9 – paragraph 5 – point c
Article 9 – paragraph 5 – point c
(c) a brief description of the events that led to the displacement of workers and a reasoned analysis of the link between the planned redundancies and major structural changes in world trade patterns;
Amendment 256 #
2018/0202(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The Member States should conduct effective communication activities and shall acknowledge the origin and ensure the visibility of the Union funding by providing coherent, effective and targeted information to multiple audiences, including targeted information to beneficiaries, local and regional authorities, social partners, the media and the public.
Amendment 258 #
2018/0202(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
The Commission shall promote the dissemination of existing best practice in the area of communication, and implement information and communication activities on EGF cases and outcomes based on its experience, with the aim of improving the effectiveness of the EGFraising the profile of the EGF, raising awareness of the EGF’s eligibility criteria and applications procedures, improving the EGF’s effectiveness and ensuring that Union citizens and workers know about the EGF.
Amendment 91 #
2018/0196(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. Member States should consult the monitoring committee as regards preparing simplified cost options.
Amendment 183 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. The scope and level of the suspension of commitments or payments to be imposed shall be proportionate, shall respect the equality of treatment between Member States and shall take into account the economic and social circumstances of the Member State concerned, in particular the level of unemployment, the level of poverty or social exclusion of the Member State concerned in relation to the Union average and the impact of the suspension on the economy of the Member State concernedsocial scoreboard indicators. The impact of suspensions on programmes of critical importance to address adverse economic or social conditions shall be a specific factor to be taken into account.
Amendment 202 #
2018/0196(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point i – point i (new)
Article 35 – paragraph 1 – point i – point i (new)
(i) measures relating to simplified cost options.
Amendment 234 #
2018/0191(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In its Conclusions of the 14 of December 2017, the European Council called on Member States, the Council and the Commission to take forward a number of initiatives to elevate European cooperation in education and training to a new level, including by encouraging the emergence by 2024 of 'European Universities', consisting in bottom-up, excellence-driven networks of universities across the Union. intended to increase the attractiveness of higher education institutions in the Union and to improve cooperation between research, innovation and education. The Programme should support these European Universities and their development.
Amendment 380 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘people with fewer opportunities’ means people facing obstacles that prevent them from having effective access to opportunities under the Programme for economic, social, cultural, geographical or health reasons, a migrant background or for reasons such as special learning needs, disabilityies and educational difficulties;
Amendment 445 #
2018/0191(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) partnerships for excellence, in particular European universities, Centres of vocational excellence and joint master degrees;the principal objective of which is to increase the attractiveness of higher-education establishments in the European Union by encouraging research, innovation and education, centres of vocational excellence and joint master degrees; partnerships for excellence shall involve at least one Member State.
Amendment 107 #
2018/0190(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Culture, cultural heritage and, cultural diversity and media pluralism are of great value to European society from a cultural, environmental, social and economic point of view and should be promoted and supported. The Rome Declaration of 25 March 2017 as well as the European Council in December 2017 stated that education and culture are key to building inclusive and cohesive societies for all, and to sustaining European competitiveness.
Amendment 139 #
2018/0190(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To be effective, the Programme should take into account the specific nature of the different sectors, their different target groups and their particular needs through tailor-made approaches within a strand dedicated to the audiovisual sector, a strand dedicated to the other cultural and creative sectors and a cross-sectoral strand. In this respect, the programme should take into account the specific situation of the outermost regions (ORs) and overseas countries and territories (OCTs) which contribute to the enrichment of the European cultural diversity and its international influence. Exchanges and cooperation between people and organizations from ORs and OCTs and third countries, especially their neighbours, should be encouraged.
Amendment 260 #
2018/0190(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'cultural and creative sectors' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions. The activities may include the development, the creation, the production, the dissemination and the preservation of goods and services which embody cultural, artistic or other creative expressions, as well as related functions such as education or management. They will have a potential to generate innovation and jobs in particular from intellectual property. The sectors include inter alia architecture, archives, libraries and museums, artistic crafts, audiovisual (including film, television, video games and multimedia), tangible and intangible cultural heritage, design (including fashion design), festivals, music, literature, performing arts, books and publishing, journalism and press, radio, and visual arts;
Amendment 262 #
2018/0190(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'the Seal of Excellence' is the high- quality label awarded to projects submitted to Creative Europe, with the beneficiaries' consent, which are deemed to deserve funding but do not receive it due to budget limits. It recognises the value of the proposal and supports the search for alternative funding, within EU programmes.
Amendment 286 #
2018/0190(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promoting the quality, competitiveness, independence and scalability of the European audiovisual industry;
Amendment 298 #
2018/0190(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) To promote the mobility of artists and professionals of the cultural and creative sectors
Amendment 362 #
2018/0190(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to promote European audiovisual works including audiovisual heritage and support audience development across Europe and beyond.
Amendment 384 #
2018/0190(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) to set up and support programme desks tothe establishment of programme desks in participating countries with the aim of promote,ing the Programme in their country and tose countries, to assist the cultural and creative sectors in relation to the programme and provide basic information on other relevant support opportunities available under EU funded programmes and stimulateing cross-border cooperation within the cultural and creative sectors.
Amendment 489 #
2018/0190(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – subparagraph 1 – point f a (new)
Annex I – point 1 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) Translation, whatever the media, to strengthen the circulation of European works in a digital and multilingual environment.
Amendment 505 #
2018/0190(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – subparagraph 2 – point d
Annex I – point 1 – paragraph 1 – subparagraph 2 – point d
(d) Support to other sectors: targeted actions in favour of the development of the creative aspects of all sectors of artistic creation, including the design and fashion sectors and cultural tourism as well as to their promotion and representation outside the European Union.
Amendment 534 #
2018/0190(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 1 – point j
Annex I – point 2 – paragraph 1 – point j
(j) European festivals' network(s) screening a significant proportion of non- national European works;, and their networking activities with other festivals, where appropriate
Amendment 582 #
2018/0190(COD)
Proposal for a regulation
Annex II – paragraph 1 – table – subparagraph 1 a (new)
Annex II – paragraph 1 – table – subparagraph 1 a (new)
(1a) The number of projects developed by organisations managed by women
Amendment 583 #
2018/0190(COD)
Proposal for a regulation
Annex II – paragraph 2 – point 1 a (new)
Annex II – paragraph 2 – point 1 a (new)
(1a) Proportion of women acting as directors, writers or producers in MEDIA supported projects
Amendment 584 #
2018/0190(COD)
Proposal for a regulation
Annex II – paragraph 2 – point 2 a (new)
Annex II – paragraph 2 – point 2 a (new)
(2a) Number, budget and geographical origins of co-productions developed and created with the support of the Programme
Amendment 106 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Such channels shall safeguard the anonymity of whistleblowers, as well as their personal data.
Amendment 123 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) safeguard the anonymity of whistleblowers, as well as their personal data.
Amendment 127 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. These channels shall safeguard the anonymity of whistleblowers, as well as their personal data.
Amendment 55 #
2017/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas good occupational safety and health practices are crucial for a productive and motivated workforce, which helps companies remain competitive and innovative and helps to maintain valuable skills and work experience, reduce staff turnover and prevent exclusion; whereas SMEs have particular needs in this regard, demanding support measures in order to attain their OSH objectives; whereas, on the other hand, good OSH practices are crucial for SMEs to stay in the market and keep ensuring employment;
Amendment 64 #
2017/2277(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the improved health and reintegration of workers increases the overall wellbeing of society, has economic benefits to Member States, employees and employers and helps to retain; whereas to retain and to reintegrate older workers is key to secure skills that would otherwise be lost;
Amendment 67 #
2017/2277(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas older workers, despite being more subjected to chronic illness, also are proved to have a lower degree of exposure to physical risks and greater working time autonomy;
Amendment 9 #
2017/2260(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights on 17 November in Gothenburg,
Amendment 32 #
2017/2260(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the employment rate in the EU is increasing and has reached 235.4 million people in jobs in the second quarter of 2017, which constitutes an employment rate of 72.3 %, meaning that the EU is on track to reach the 75 % employment rate target specified in the Europe 2020 strategy; whereas very substantial differences persists in many Member States and employment rates have still some way to go to recover from the crisis and notably also to attain the Europe 2020 national targets;
Amendment 36 #
2017/2260(INI)
4a. Notes that our education systems should be updated in accordance with the challenges of our society, such as those produced by globalisation and technological progress; highlights, in this regard, the importance of fostering ICT and media literacy, entrepreneurial education and the lifelong learning programmes to tackle poverty, social exclusion and unemployment in line with the targets of the Europe 2020 Strategy;
Amendment 37 #
2017/2260(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises the importance of the learning of foreign languages to enhance students’ and workers’ mobility and in order to achieve the Barcelona European Council’s objective of “mother tongue + two";
Amendment 39 #
2017/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU unemployment rate is at its lowest level in nine years and stands at 7.5 %18.9 million people are still without a job despite that the EU unemployment rate and the euro area unemployment is at its lowest level in nine years and eight years and stands at 7.5 % and 8.9% respectively;
Amendment 55 #
2017/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the accompaniment of the long-term unemployed is essential, since otherwise this situation will begin to affect their self-confidence, wellbeing and future development, putting them at risk of poverty and social exclusion and undermining the sustainability of social security systems, as well as the European social model;
Amendment 69 #
2017/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its call for the assessment of the need and feasibility of creation ofng a Child Guarantee and for proper and swift implementation of the Youth Guarantee, including through improvedadequate funding allocation and better monitoring and communication;.
Amendment 114 #
2017/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Interinstitutional Proclamation on the European Pillar of Social Rights (EPSR) and believes its 20 key principles regarding equal opportunities and access to the labour market, fair working conditions and social protection and inclusion should serve as a point of reference when implementing the European Semester policy coordination cycle; Highlights that the EPSR is a first step through consolidation of a common approach to the protection and development of social rights across the EU, which should be reflected in measures pursued by Member States; Reiterates the call on the Commission to continue to complement this with further measures on deepening the economic and monetary union;
Amendment 146 #
2017/2260(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to implement effective labour market policies in order to reduce long-term unemployment; Member States should further help those out of work by providing affordable, accessible and quality services support for job search, training and requalification, while protecting those unable to participate;
Amendment 169 #
2017/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training in order to guarantee that the skills acquired will match labour market demand and to reduce the number of young people who leave school early; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; stresses the importance of initiatives to support the long-term mobility of students and young graduates from education and vocational training, which will make it possible to develop a skilled and mobile labour force in sectors with potential;
Amendment 178 #
2017/2260(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that Member States and the Commission should maximize efforts to ensure equal opportunity and access to education and training to ensure social inclusion and better economic outcomes; Calls on the Commission and Member States to upgrade vocational training and strengthen work-based learning, including quality apprenticeships; Recalls that recognition of skills acquired outside formal education and training and support for adults should also be made easier;
Amendment 179 #
2017/2260(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that the integration of long-term unemployed individuals through individually tailored measures is a key factor for fighting poverty and social exclusion and contributing to the sustainability of national social security systems; highlights, in this context, the importance of skills and competences acquired in non-formal and informal learning environments;
Amendment 184 #
2017/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take all the necessary measures to improve the services and legislation that are important for a proper work-life balance and for gender equality; calls for the development of accessible, quality and affordable childcare and early education services, and for the creation of favourable conditions for parents and carers by allowing for advantageous family leave take-up and flexible working arrangements which tap into the potential of new technologies; underlines, in this respect, the potential of public-private partnerships;
Amendment 197 #
2017/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the potential of SMEs, as well as health and social services and social enterprises, in job creation and the economy as a whole; considers it vital to support entrepreneurship and to improve the business environment by removing administrative burdens, improving access to finance and supporting the development of tax models and simplified tax compliance procedures favouring SMEs, entrepreneurs, micro-entities and start-ups;
Amendment 212 #
2017/2260(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers demographic decline, which affects EU regions to different extents, to be among the serious obstacles hindering EU growth; calls on the Commission and the Member States to introduce measures designed to address this challenge; underlines the fact that demographic decline requires a holistic approach, which should include the adaptation of the necessary infrastructure, and the enhancement of public services and flexible working arrangements; Insists that innovation forms of work should go hand in hand with adequate job security and accessible social protection;
Amendment 217 #
2017/2260(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States and the Commission to promote lifelong learning, especially for older workers, to adapt their skills and facilitate their employability;
Amendment 222 #
2017/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to pursue the policy of active ageing, the social inclusion of elderly people and solidarity between generations; Recalls that more cost- effective health systems and long-term care that ensure timely access to affordable preventive and curative healthcare of good quality are also fundamental for productivity;
Amendment 234 #
2017/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to step up efforts for further inclusion of people with disabilities into the labour market by removing legislative barriers and creating incentives for their employment; Recalls that an adapted work environment for people with disabilities as well as targeted financial support to help them participate fully in the labour market and in the society as a whole are essential;
Amendment 237 #
2017/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages the Member States to implement the necessary measures for the social inclusion of refugees as well as people of ethnic minority or immigrant origin;
Amendment 242 #
2017/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes new initiatives proposed by the Commission such as the launching of a public consultation on a European Labour Authority, as well as a European Social Security Number; calls, therefore, on the Member states to provide labour inspectorates with adequate resources, and also to improve cross-border cooperation between inspection services and the electronic exchange of information and data, in order to improve the efficiency of the controls intended to combat and prevent social fraud and undeclared work and reduce administrative burden;
Amendment 246 #
2017/2260(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls for stronger commitment to combat poverty and rising inequality, and, where needed, for greater investment in social infrastructure and support for those hit hardest to address inequalities correctly notably through social protection systems that provide adequate and well-target income support but also through the design of national tax and benefits systems;
Amendment 248 #
2017/2260(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Highlights that in the period 2014 to 2016, real wage growth lagged behind productivity growth despite improvements in the labour market; Recalls that growth in real wages, as a result of increased productivity, is crucial to tackle inequalities;
Amendment 41 #
2017/2259(INI)
Motion for a resolution
Recital I
Recital I
I. whereas a gender perspective must be included in decision-making on youth policies which takes into account the specific challenges and circumstances faced by young women and girls in particular;, men , girls and boys in the education and labour market.
Amendment 59 #
2017/2259(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 109 #
2017/2259(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is highly concerned at the persistent high rates of youth unemployment throughout the EU; recalls that quality job creation and employment should be guaranteed and remain key commitments towards young people; calls on the Commission and the Member States to promote structural reforms of the labour market, fair working conditions and remuneration; stresses the importance of defining social rights for new forms of employment and ensuring social dialogue;
Amendment 124 #
2017/2259(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the fact that YEI measures have provided support for more than 1.6 million young people26 ; emphasises the need to improve the quality of offers under the Youth Guarantee by performing gap assessments and market analyses prior to setting up schemes; improve the monitoring and performing system and to ensure that YEI funds are being used as supplement to national fund and not as a replacement; _________________ 26 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=- //EP//NONSGML+REPORT+A8-2017- 0406+0+DOC+PDF+V0//EN
Amendment 111 #
2017/2224(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Acknowledges the reality of individual differences in cognitive abilities and personality traits that interact with social and environmental factors for influencing educational outcomes; highlights, in this context, that education is more efficient, equalitarian and fair when these differences are taken into account;
Amendment 117 #
2017/2224(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the potential of newdigital technologies and distance learning to improve the quality of education by meeting learners’ needs, increasing flexibility in learning and teaching, and creating new forms of cooperation;
Amendment 126 #
2017/2224(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that increased efforts are needed to shift the educational paradigm to bebalance both a teacher and content centered approach - together with a more learner- and understanding- centered one, thus combining learning methods adapted to traditional and online learning models, and strengthening the personalisation of the educational process and increasing retention rates;
Amendment 138 #
2017/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that educational systems should promote interdisciplinary approaches, cooperation and team work aimed at equipping pupils and students with knowledge and skills, as well as with professional, transversal, social and civic competences;
Amendment 141 #
2017/2224(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses the need to give an expanded role to sport and outdoor activities in educational curricula at all levels with enhanced possibilities for developing cooperation between education establishments and local sports organisations;
Amendment 155 #
2017/2224(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Supports the Council conclusions of 14 December 2017 calling for enhanced student mobility and participation in education and cultural activities, including through a ‘European Student Card’, that should facilitate recognition of university credits obtained in other Member States;
Amendment 205 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses the need to enhance the learning of languages with a view to speak two languages in addition to the mother tongue and to promote in secondary schools the teaching of at least two subjects in a non-native language;
Amendment 221 #
2017/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises, within the context of creating a European Educational Area, the importance of supporting, cooperation between university establishments and building on, the potential of all European universities;
Amendment 226 #
2017/2224(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the need to address skill mismatches and skill shortages in certain occupational fields which could lead to skills polarisation in the labour market and weaker social cohesion; calls, therefore, on the Commission and on the Member States to take action in order to promote the interaction between educational institutions and business, research sector and other relevant social partners;
Amendment 390 #
2017/2224(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends the implementation of athe ‘wWhole sSchool aApproach’ to increase social inclusion, accessibility and quality in education, as well as to address the problem of early school leaving, which has long-term negative effects on social development and economic grow thin Europe;
Amendment 399 #
2017/2224(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Calls on the European Commission and on the Member States to develop a pilot scheme to support the exchanges of secondary students to spend at least half of an academic year in another Member State;
Amendment 400 #
2017/2224(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34 b. Recommends the Member States to integrate learning about the EU into the high school curricula, to enable students learn about the functioning of the Union, its history and the value of European citizenship;
Amendment 419 #
2017/2224(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Encourages Red Cross trainings in schools for students, teachers and staff to contribute to learning essential first aid skills and be able to act in case of emergency;
Amendment 7 #
2017/2127(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to better support Member States’ efforts to remove legal and organisational barriers and ensure equal access for people with disabilities to inclusive education and training, including VET and adult learning, culture, tourism and sport; emphasises the importance to ensure the availability, accessibility and affordability of individualised support services for people with disabilities;
Amendment 10 #
2017/2127(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission, together with the Member States, to set targets for education and training participation, poverty reduction and employment for people with disabilities and people with special needs and to closely monitor and evaluate their situation in local, regional, national and at EU level;
Amendment 30 #
2017/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it essential to improve information for people with disabilities regarding mobility opportunities, to provide them with the necessary guidance and assistance and to give special attention and address to the difficulties they encounter;
Amendment 47 #
2017/2127(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that preparing teachers and trainers to work with children with disabilities and providing them with adequate support is essential; encourages Member States to design inclusive education training and continuous professional development for teachers and trainers, with inputs from diverse stakeholders, particularly organisations representing people with disabilities and professionals with disabilities;
Amendment 60 #
2017/2127(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes with concern that refugees and asylum seekers with disabilities face multiple challenges such as lack of accessibility to assistance, lack of access to education, insufficient access to assistive technology which could make communication and integration easier;
Amendment 62 #
2017/2127(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission, together with the Member States and in cooperation with the United Nations High Commissioner for Refugees (UNHCR), to promote and protect the rights of persons with disabilities among the refugees and asylum seekers; encourages Member States to exchange good practises on innovative and successful programs for refugees with disabilities, particularly in the areas of inclusive and special needs education, vocational training and skills development;
Amendment 63 #
2017/2127(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Highlights that in order to better assess the implementation and the outcomes of the European disability strategy, better data collection, statistics and monitoring are needed;
Amendment 69 #
2017/2127(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that better synergy is needed between the European Disability Strategy and the Sustainable Development Goals, with particular regard to education and training, which should be reinforced;
Amendment 5 #
2017/2069(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that the Europe for Citizens programme promotes a better understanding of citizens' rights and duties in the EU;recommends therefore that the next generation of the programme should be adopted with a legal base enabling the Parliament to be involved as a co-legislator on equal footing with the Council, and to be equipped with more human and financial resources to increase the number of projects supported;
Amendment 8 #
2017/2069(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that continuous efforts are needed to increase EU citizens’ awareness of their rights and to ensure that those rights are uniformly enforced across the entire EU, highlighting the opportunities brought about by belonging to the EU; underlines the role of educational institutions in raising awareness among young people of their EU rights and in endorsing active citizenship; calls on the Commission, in this context, to provide a common framework for learning about the EU at school; shares the Commission’s view, moreover, that promoting awareness of EU citizenship rights requires cooperation at European, national, regional and local levels;
Amendment 14 #
2017/2069(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Values the importance of culture and art, art and science as integral aspects of active EU citizenship; stresses their role in strengthening citizens’ shared sense of belonging to the Union and stimulating intercultural dialogue;
Amendment 19 #
2017/2069(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s intention to enhance citizens’ political engagement in the democratic life of the EU; encourages the promotion of democratic participation by intensifying citizens’ dialogue, enhancing citizens’ understanding of the role of EU legislation in their daily lives, and underlining their active and passive right to vote in local and European elections wherever they live within the EU;
Amendment 29 #
2017/2069(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Supports the revision of the European Citizens Initiative (ECI), with a view to improving its accessibility and ease of use; highlights the need to enhance the functioning and public awareness of the ECI in order to reach its full potential to foster citizen participation and democratic debate;
Amendment 4 #
2017/2043(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that growth is the key to more jobssustainable growth and investment are the key to job creation and increased prosperity and that it is necessary to direct the structural funds more effectively towards promoting growth;
Amendment 7 #
2017/2043(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the 2018 budget must play a key role in enhancing the Union’'s contribution to growth and jobssustainable growth, jobs and social inclusion, especially in combatingthe areas of youth unemployment and inequality;
Amendment 13 #
2017/2043(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that youth unemployment rates remain verunacceptably high in the Union1a and that the situation of unemployed young people, especially NEETS (not in education, employment, or training), is particularly worrying; emphasises that, in order to address this issue, it is of the utmost importance to ensure the properadequate and timely funding of the Youth Guarantee schemes through the European Youth Initiative and the European Social Fund;Youth Employment Initiative and the European Social Fund; in this regard, highlights the importance of continuing the YEI up to the end of the current MFF; also notes the Court of Auditors statement that it is not possible to address the whole NEET population with the resources available from the EU budget alone1b; _________________ 1aIn March 2017, the youth unemployment rate was 17.2% in the EU28 and 19.4% in the euro area, compared with 19.1% and 21.3% respectively in March 2016 - Eurostat, 2nd May 2017: http://ec.europa.eu/eurostat/documents/29 95521/8002525/3-02052017-AP- EN.pdf/94b69232-83a9-4011-8c85- 1d4311215619 1bSpecial report No 5/2017: Youth unemployment – have EU policies made a difference?, p. 8
Amendment 18 #
2017/2043(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes it is essential that the Youth Employment Initiative continues to be adequately funded and stresses in the context of the Multiannual Financial Framework mid-term review that the Council must adopt the agreed increase of EUR 500 million;
Amendment 20 #
2017/2043(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of sufficient funding and good budgetary management of the programmes within the 2014-2020 Multiannual Financial Framework that aim to address unemployment, poverty and social exclusion, such as the Youth Employment Initiative (YEI), the European Globalisation Adjustment Fund (EGF), the different axes of the Programme for Employment and Social Innovation (EaSI) and the Fund for European Aid to the Most Deprived (FEAD); insists, therefore, that for 2018 these programmes’' resources should at least be maintained at the levels of the previous EU budget; notes that payment amounts for this year's budget were limited as the structural funds have not been absorbed as quickly as expected and stresses that adequate payment appropriations be provided for in budget 2018;
Amendment 25 #
2017/2043(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that the EU budget should also support vocational training and professional qualification measures; highlights, in this respect, that proper funding for the European Centre for the Development of Vocational Training (CEDEFOP) is paramountensure the adequate financial and human resourcing of EUROFOUND, CEDEFOP, ETF and EU-OSHA in order to allow them to fulfil their respective remits and ensure the best possible results in support of EU legislative and policy objectives;
Amendment 33 #
2017/2043(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out that micro, small, and medium-sized enterprises are a major source of employment in the Union andthe backbone of Europe's economy, representing 99% of all businesses in the EU; notes that one of the main problems in setting up and maintaining such enterprises and keeping them going is that of obtaining finance; underlines that the 2018 budget should support measures promoting entrepreneurship in those enterprises, including social entrepreneurship and, innovative social enterprises and self-employment; stresses, in this respect, that the budget 2018 should in particular facilitate access to micro- credits available through the microfinance and social entrepreneurship axis of the Employment and Social Innovation (EaSI) programme;
Amendment 38 #
2017/2043(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges that financial support be provided for programmes creating jobs for those with multiple disadvantages onfrom EU funds reaches as many targeted beneficiaries as possible in particular for those furthest from the labour market, such as the long-term unemployed, people with disabilities and people from minority backgrounds;
Amendment 44 #
2017/2043(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Reiterates that pilot projects and preparatory actions are very valuable tools to initiate new activities and policies in the fields of employment and social inclusion; stresses that several ideas of the Committee on Employment and Social Affairs have been implemented successfully in the past as pilot projects/preparatory actions; is of the opinion, therefore, that that committee will make further use of those instruments in 2018; encourages the full use of the margins available under each heading; calls for Parliament to be given regular, detailed updates on the various stages in the implementation of pilot projects and preparatory actions by the Commission.
Amendment 32 #
2017/2039(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, having peaked at 24 % in 2013, the youth unemployment rate in the EU-28 has steadily dropped, reaching below 17 % in 2017, but remains unacceptably high in a number of countries, including Greece (45.5%), Spain (39.2%) and Italy (35.4%);
Amendment 90 #
2017/2039(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the significant divergence in economic performance in terms of both economic and employment growth across the EU-28; urges the Member States that continue to lag behinconcerned to implement the necessary structural reforms in order to catch up with other EU economies; and notes that it is sound economic policies, which are ultimately a Member State responsibility, that create jobs;
Amendment 97 #
2017/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the YEI aims to complement national funding and not to replace it and is concerned about the conclusions of the Court’s report highlighting the risk that the appropriations earmarked for this initiative are not leading to a net increase in funding available and are simply being used for expenditure previously financed from national budgets; stresses that the YEI budget cannot and was never meant to shoulder on its own the ambition of offering all young people a good-quality offer within a period of four months of becoming unemployed or leaving formal education;
Amendment 107 #
2017/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for the YEI to be a driver for policy reform in particular and, for better coordination in the fields of employment and education, especially in those Member States experiencing high rates of youth unemployment, with a view to ensuring that those and for the introduction by Member States introduceof integrated, comprehensive and long-term approaches to tackling youth unemployment which enhance the employability of young people and lead to sustainable employment, as opposed to having a range of fragmented (existing) policies, which often target NEETs who are relatively easy to integrate anyway;
Amendment 123 #
2017/2039(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to set up better outreach strategies for NEETs so that the young people concerned can be targeted more effectively;
Amendment 193 #
2017/2039(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for a discussion about the future status of the YEI which does not question its continuation but addresses the question of transforming it from a crisis instrument into a more permanent, main EU financing instrument for tackling youth unemployment, and which establishes a co- financing requirement in order to underline the primary responsibility of the Member States;
Amendment 208 #
2017/2039(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for a future discussion about the quality of offers under the YEI and YG and about the positive impact of extending the eligible age bracket under the YEI to 25- 29;
Amendment 15 #
2017/2024(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Suggests that Regulation (EU) 211/2011 might create a conflict of interest, becauseRecalls the competencies of the Commission with regards to Regulation (EU) 211/2011, and in particular that the Commission is acting both as an expert and as an advisory body, whilst at the same time assessing the registration criteria and the follow-up procedures; calls therefore for efforts to resolve such conflict of interests, as it might jeopardisethe Commission to remain cognizant of these roles while ensuring the democratic nature of the ECI;
Amendment 21 #
2017/2024(INL)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 26 #
2017/2024(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. RecommendEncourages lowering the minimum age for eligibility to support a citizen’s initiative proposal to 16 years, in order to encourage youth participation;
Amendment 30 #
2017/2024(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises that organisers of citizen’s committees are often not completely ready when registering an ECI; stresses that there should be a gap of a few months between the registration and the start of the process of collecting statements of support from signatories;believes therefore that the citizens’ committee be allowed to decide on the start of the collection time, within a specified margin of approximately three months; expresses the view that this adjustment will make the process of gathering support easier, by ensuring that it begins when the committee is fully prepared.
Amendment 32 #
2017/2024(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends taking into consideration the difficultiesgnises that the ECI has a nature of Europe- wide campaigning caused by linguistic and cultural barriers,and offers opportunities to find common European interests and values across cultures, while taking into consideration distance and the significant delays due to the various national procedures in the registration of an OCS (Online Collection System);
Amendment 35 #
2017/2024(INL)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 41 #
2017/2024(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for the requirement for personal data to be simplified in order to facilitate support for an ECI, for example by dispensing with the ID or Passport number requirementsuch as using digital technologies, as the current approach leads to delays.
Amendment 11 #
2017/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of inclusive and quality education and training, research and lifelong learning opportunities in addressing economic, social and environmental challenges and preparing a sustainable future; notwelcomes, in this regard, the EU’s intention to integrate the SDGs, and especially SDG 4 of the 2030 Development Agenda, in the European policy framework;
Amendment 15 #
2017/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that education and training are key to moving society toward sustainability; highlights that sustainability education develops skills, knowledge and values that promote behaviour in support of a sustainable future; encourages, therefore, Member States to strengthen their efforts to implement education for sustainability through all levels and all forms of education and training;
Amendment 17 #
2017/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is deeply concerned about the differences in the performance of education systems in Member States, as shown by the latest PISA reports and about the fact that between 2010 and 2014 investment in education and training fell by 2.5 % in the EU as a whole; stresses that properly resourced public education systemsand training systems, accessible to all, are essential for equality and social inclusion and for meeting the targets set by SDG 4;
Amendment 20 #
2017/2009(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the need for more inclusive approach in financing the education and training policies and therefore calls on the Commission and Member States to mobilise and use all available instruments in order to secure smart investments in innovative teaching, training and learning aimed to improve the quality and relevance of skills and strengthen the performance of education and training systems;
Amendment 23 #
2017/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends that in the context of education, training and lifelong learning for inclusion and sustainability, a genuine revision of EU and Member States’ education and emppolicies is necessary in order to raise awareness of sustainable develoypment policies is necessaryand to ensure that learning enables people to make responsible decisions and builds capacity for future-oriented thinking; highlights that education and training and skills policies should not only be adjusted to labour market demands but should also promote personal and societal development in a holistic manner;
Amendment 28 #
2017/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to enhance coordination and to enable and optimise synergies between ESIF and other Union programmes in order to improve and modernise the quality of education and training systems in Member States; stresses that populations in rural areas and remote regions shall have equal access to equitable quality education and training and lifelong learning opportunities;
Amendment 32 #
2017/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes thatWelcomes the achievements of the Youth Guarantee scheme and Youth Employment Initiative have hitherto failsince their launch in 2013; notes, however, that further actions are needed to address the persistent problem of high levels of youth unemployment; calls for their revision in order to promote the creation of new high- quality jobs and decent social protection for young peopletherefore on the Commission to revise, accelerate and broaden the Youth Guarantee's and YEI sustainable implementation in order to overcome the existing problems as difficulties in engaging with vulnerable groups and to better outreach to non- registered NEETs and low skilled youth.
Amendment 6 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. Whereas the EU 2020 strategy establishes the EU's target of 75 % of men and women in employment by 2020 and, in particular, to close the gender gap in employment; whereas coordinated efforts will be required to facilitate women's labour-market participation.
Amendment 15 #
2017/2008(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. Whereas although women account for almost 60% of graduates in the EU they remain under-represented in science, mathematics, IT, engineering and related careers; highlights, as a result, inequality in occupations is taking new forms and, despite the investment in education, young women are still twice as likely as young men to be economically inactive;
Amendment 37 #
2017/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to promote the well-beingequality of women, by tackling the pay and pension gaps and combating atypical and insecure forms of work and employment, such as temporary co, which currently stand at 16 % and 40 % respectively; highlights the importance of the attractiveness of new forms of work by providing adequate flexibility that can promote higher employment racts or involuntary part-time worktes among women;
Amendment 50 #
2017/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that the causes and consequences of the gender pension gap need to be addressed, as this is an obstacle to the economic independence of women in old age, when they face a higher risk of poverty than men.
Amendment 61 #
2017/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to eliminate occupatithe horizontal segregationand vertical gender segregation of the labour market by addressing discriminatory social behaviours and stereotypes and promoting the equal participation of women and men in the labour market, education, training and all forms of care;
Amendment 65 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission, together with the Member States, to promote and support female entrepreneurship initiatives as it can provide women the knowledge they need to found or co-found their own businesses based on their innovative ideas. In this regard, it is crucial to provide information on access to training, to support women entrepreneurs in accessing alternative sources of funding, business networking opportunities as well as advising on the start-up, management and growth of their businesses in the early phases.
Amendment 86 #
2017/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for measures to guaranteensure the economic and social dignity of feminised work, such as domestic work;
Amendment 89 #
2017/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses also the importance to pay attention to the specific needs of groups facing particular barriers to entry to the labour market such as women in rural areas as well as women with disabilities and migrant women.
Amendment 101 #
2017/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to enforcestrengthen the implementation of existing laws and workplace policies thato prohibit discriminationtect women from discrimination, particularly, in the recruitment, retention and promotion of women in employment in both the public and private sectors;
Amendment 123 #
2017/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to strengthen and enforce the full exercise of the right of collective bargaining in the private and public sectors; in this regard, social partners have high potential to support gender equality on the labour market by actively raising the issue of equal pay during collective bargaining;
Amendment 5 #
2017/2002(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Council conclusions on the role of early childhood education and primary education in fostering creativity, innovation and digital competence (2015/C 172/05),
Amendment 7 #
2017/2002(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Council conclusions of 20 May 2014 on effective teacher education,
Amendment 8 #
2017/2002(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the Council conclusions of 20 May 2014 on quality assurance supporting education and training,
Amendment 17 #
2017/2002(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to its resolution of 8 September 2015 on promoting youth entrepreneurship through education and training,
Amendment 49 #
2017/2002(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas often individuals possess skills, which are not identified, exploited or properly rewarded; whereas skills acquired outside formal settings, through work experience, volunteering, civic engagement or other relevant experiences are not necessarily recorded in a qualification or documented and therefore are being undervalued;
Amendment 54 #
2017/2002(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas cultural and creative industries contribute to social well-being, innovation, employment and stimulate EU´s economic development while employing more than 12 million people in the EU, which is 7.5% of all persons employed in the total economy and contribute to the economy with 5.3% of the total EU GVA and further 4% of nominal EU GDP generated by the high- end industries 1a; _________________ 1aBoosting the competitiveness of cultural and creative industries for growth and jobs, 2015
Amendment 56 #
2017/2002(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the current arrivals of migrants and refugees to the European Union require the establishment of more sustained approach and validation practices directed towards third country nationals in order to facilitate their integration and make a better use of their skills and qualifications;
Amendment 75 #
2017/2002(INI)
Motion for a resolution
Recital J
Recital J
J. whereas access to learningeducation and training opportunities must be a right for everyone at every stage of life so that they can acquire transversal skills such as, numeracy, digital and media literacy, critical thinking, social skills, foreign language proficiency and relevant life skills;
Amendment 81 #
2017/2002(INI)
Motion for a resolution
Recital K
Recital K
K. whereas, nowadays, our education and training systems are facing a significant challenge as a result of the digital transformation, which is impacting teaching and learning processes; whereas an effective digital skills provision is essential to ensure the workforce is prepared for the current and future technological changes;
Amendment 98 #
2017/2002(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas in order to ensure smart, sustainable and inclusive economic growth and jobs for young people, there is a strong need for more Science, Technology, Engineering and Mathematics (STEM) proficiency in the European Union;
Amendment 99 #
2017/2002(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
L b. whereas the demand for STEM professionals and associate professionals is expected to grow by around 8% between now and 2025, much higher than the average 3% growth forecast for all occupations; Whereas the employment in STEM-related sectors is also expected to rise by around 6.5% between now and 2025 2a; _________________ 2a Cedefop, Rising STEMs Database, March 2014
Amendment 121 #
2017/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees with the focus on the need to upgrade the European education and training systems in line with the fast changing economic and societal environment; notes that, while skills needs are dynamic, the main focus of the skills package is to enhance the adaptability of individual and address the immediate needs of the labour market; highlights in this respect the importance of a pan- European skills needs forecasting tool and lifelong learning with a view to adapting to new situations in the labour market;
Amendment 129 #
2017/2002(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that creativity and innovation are becoming driving factors in the European Union´s economy and should be mainstreamed in the national and European policy strategies;
Amendment 132 #
2017/2002(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to include leadership, social intelligence, management, entrepreneurial and financial education, business start-up adviceforeign languages proficiency, negotiation, business start-up advice, coding, new media literacy and communication technologies in their education programmes, and to prioritise the further development of those capabilities also in vocational training and education (VET) programmes, including enhancingtogether with the enhancement of the European craftsmanship;
Amendment 153 #
2017/2002(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines that culture, creativity and arts significantly contribute to personal development, employment and growth across the European Union, carrying innovation, stimulating cohesion, strengthening intercultural relations, mutual understanding and preserving European identity, culture and values; Calls on the Commission and the Member States to strengthen their support for CCIs in order to unleash and fully explore their potential;
Amendment 169 #
2017/2002(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists that education isand training are not only a key factors in enhancing employability, but also in combating social exclusion and therefore believes that investing in skills and competences is crucial to tackling the high unemployment rate, especially among NEETs; recalls that a genuine estimation of future skills needs is paramount in this respect;
Amendment 184 #
2017/2002(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists on the need for immediate action to reverse the unacceptable situation of 70 million Europeans lacking basic skillsNotes with concern the unacceptable situation of 70 million Europeans lacking basic skills; welcomes therefore the establishment of the Upskilling Pathways and insists on its swift implementation and monitoring; calls furthermore on the Commission and Member States to encourage and support flexible re-skilling and up-skilling programmes, tailored to the individual needs of each Member State, for both unemployed individuals and those who are employed;
Amendment 251 #
2017/2002(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the importance of validating non-formal and informal learning to reach out and empower learners; recognises that this is particularly evident for disadvantaged groups, such as refugees and low-skilled adults who are in need of priority access to validation arrangements;
Amendment 258 #
2017/2002(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that the lack of comparability and coherence between the validation approaches of EU countries, especially for VET, represents an additional barrier;
Amendment 292 #
2017/2002(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Insists on the need to incorporate new technologies in the teaching and learning process in order to equip people with the right set of skills, competences and knowledgeand to ensure the development of the full range of digital skills that individuals and companies across the country need in an increasingly digital economy; furthermore, stresses the need for more collaborative, coordinated and targeted approach for the development and implementation of digital skills´ strategies;
Amendment 309 #
2017/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the Commission’s proposal to urge Member States to draw up comprehensive national strategies for digital skills; points out however that in order for these strategies to be effective, there is a need for systematic teacher training programmes and strong pedagogical leadership from teachers at all levels of education;
Amendment 333 #
2017/2002(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Reiterates that knowledge and skills related to science, technology, engineering and maths (STEM), especially in combination with creativity, are crucial in responding to the economic challenges we are facing and that developments in these fields underpin advances in scientific research across all disciplines and drive innovation and job creation across various sectors of EU´s economy;
Amendment 337 #
2017/2002(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Calls on the Commission and the Member States to encourage and better support the interaction between education and training institutions, national authorities, businesses and other relevant stakeholders in order to identify and exchange views on how STEM and ICT skills shortages can be tackled in a structural way with long-term impact;
Amendment 341 #
2017/2002(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Encourages Members States to establish, swiftly implement and regularly update national STEM strategy, fitting to each Member State's specific needs, applying bottom-up approach with triple helix cooperation;
Amendment 383 #
2017/2002(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need to increase the attractiveness of VET by making sure that young people and their families have access to information and guidance on VET options;
Amendment 399 #
2017/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the upskilling of all teachers would be theis a prerequisite for the deliveryimplementation of the New Skills Agenda and that further efforts and analyses have to be made ion attracting talents to this profession, underlines that enhancing innovative teaching and learning practices and facilitate mobility and exchange of best practices could be one step forward this goal;
Amendment 419 #
2017/2002(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to continue to make VETvocational education and training more visible and to enhance its attractiveness; calls on the Commission to encourage Member States to set further targets to encourage work- based learning in VET programmes;
Amendment 429 #
2017/2002(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission and the Member States to continue to focus on offering opportunities to its citizens, of all ages, to develop their digital skills, in particularwhile fostering the digital transformation of the economy and re- shaping the way people learn, work and do business, and takes; in this regard, calls on the Member States to take note of the Commission’s intention to focus on the positive aspects of this transformation via the EU e-skills strategy;
Amendment 438 #
2017/2002(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls foron the Member States to include early entrepreneurship education to beas part of the curriculum in the Member States in order to develop an individual entrepreneurial mind-set in their citizens as a key competence which supports personal development, active citizenship, social inclusion and employability;
Amendment 478 #
2017/2002(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission and Member States to make funding available in order to bridge the existing technological gap between educational and training institutions which are well equipped and those which are not and to support teachers´ and trainers´ up-skilling in technology in order to keep pace with today's increasingly digital world, as part of the national strategies for digital skills;
Amendment 421 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include as a minimum:
Amendment 591 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.deleted
Amendment 116 #
2017/0305(NLE)
Proposal for a decision
Annex I – part 2 – paragraph 2
Annex I – part 2 – paragraph 2
Member States should foster equal opportunities in education and raise overall education levels, particularly for the least qualified. They should ensure quality learning outcomes, reinforce basic skills, foster the development of entrepreneurial skills, reduce the number of young people leaving school early, enhance the labour- market relevance of tertiary degrees, improve skills monitoring and forecasting, and increase adult participation in continuing education and training. Member States should take account of the specific circumstances of disabled people and come up with measures that are tailored to their needs in order to foster their development and employability. Member States should strengthen work-based learning in their vocational education and training systems, including through quality and effective apprenticeships, make skills more visible and comparable and increase opportunities for recognising and validating skills and competences acquired outside formal education and training. They should upgrade and increase the supply and take-up of flexible continuing vocational training. Member States should also support low skilled adults to maintain or develop their long term employability by boosting access to and take up of quality learning opportunities, through the establishment of Upskilling Pathways, including a skills assessment, a matching offer of education and training and the validation and recognition of the skills acquired.
Amendment 37 #
2017/0143(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) According to EIOPA, only 67 million people, or 27% of the total EU population between 25-59 years old, are currently voluntarily subscribed to financial products with a long-term pension objective and that this is concentrated in only a few Member States.
Amendment 39 #
2017/0143(COD)
Proposal for a regulation
Recital 1 e (new)
Recital 1 e (new)
(1e) Portability of the PEPP will increase its attractiveness as a product particularly to young people and help to further facilitate citizens’ right to live and work across the Union.
Amendment 42 #
2017/0143(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Personal pensions are important in linking long-term savers with long-term investment opportunities. A larger, European market for personal pensions will support the supply of funds for institutional investors and investment into the real economy which could help increase job creation across the EU.
Amendment 47 #
2017/0143(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, the functioning of the internal market for personal pensions is impeded by the high degree of fragmentation between national markets and the limited degree of portability of personal pension products. This can result in difficulties for individuals to make use of their basic freedoms. For instance, they may be prevented from searching for or taking up a job in or retiring into another Member State. In addition, the possibility for providers to use the freedom of establishment and the freedom to provide services is hampered by the lack of standardisation of existing personal pension products.
Amendment 61 #
2017/0143(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In its Communication Mid-Term Review of the Capital Markets Union Action Plan32 , the Commission announced "a legislative proposal on a pan-European Personal Pension Product (PEPP) by end June 2017. This will lay the foundations for a safer, more cost-efficient and transparent market in affordable and voluntary personal pension savings that can be managed on a pan-European scale. It will address the demographical challenge and pension gap, meet the needs of people wishing to enhance the adequacy of their retirement savings, address the demographical challenge, complement the existing pension products and schemes in particular under the first and second pillar, and support the cost-efficiency of personal pensions by offering good opportunities for long-term investment of pension savings". __________________ 32 COM(2017) 292 final, p. 6. COM(2017) 292 final, p. 6.
Amendment 97 #
2017/0143(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to facilitate provisions to open national compartments in all Member States, PEPP providers should be able to enter partnerships with other PEPP providers.
Amendment 105 #
2017/0143(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure optimal product transparency, PEPP manufacturproviders should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsible for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs. __________________ 33 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs), OJ L 352, 9.12.2014, p. 1.
Amendment 113 #
2017/0143(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) PEPP providers should draw up a Pension Benefit Statement addressed to PEPP savers, in order to present them with key personal and generic data about the PEPP scheme and to ensure continuous information on it. The Pension Benefit Statement should be clear, updated, simple and comprehensive and should contain relevant and appropriate information to facilitate the understanding of pension entitlements over time and across schemes and serve labour mobility.
Amendment 132 #
2017/0143(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In view of the long-term retirement objective of the PEPP, the investment options grantoffered to the PEPP savers should be framclearly outlined, covering the elements which will allow investors to make an informed investment decision, including the number of investment options they can choose from. After the initial choice made upon the subscription of a PEPP, the PEPP saver should have the possibility to modify this choice at reasonable intervals (every five years), so that sufficient stability is offered to providers for their long-term investment strategy whilst at the same time investor protection is ensured.
Amendment 143 #
2017/0143(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick and safe, safe and transparent procedure.
Amendment 154 #
2017/0143(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Full transparency on costs and fees related to the investment in a PEPP should be guaranteed. A level-playing field between providers would be established, whilst ensuring consumer protection. Comparative information wouldshall be available between different products, thus incentivising competitive pricing.
Amendment 155 #
2017/0143(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Although the ongoing supervision of PEPP providers is to be exercised by the respective competent national authorities, EIOPA should coordinate the supervision with regards to PEPPs, in order to guarantee the consistent application of a unified supervisory methodology, contributing in this way to the pane- European nature of the pension product.
Amendment 163 #
2017/0143(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Following the launch of the PEPP, Member States are strongly encouraged to take into consideration Commission Recommendation (EU) 2017/… and to extend the benefits of the tax advantages they grant to national PPPs also to the PEPP.
Amendment 205 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) "default investment option" means an investment strategy where the PEPP saver recoups at least the capital invested and which is either selected by the PEPP saver or applied when the PEPP saver has not provided instructions on how to invest the funds accumulating in his PEPP account;
Amendment 215 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) "biometric risks" mean risks linked to longevity, disability and death.
Amendment 217 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) "compartment partnership" means cooperation between PEPP providers to offer compartments in different Member States as regards the portability service as referred to in Article 12.
Amendment 283 #
2017/0143(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The portability service allows PEPP savers to continue contributing to the PEPP which they have already contracted with its provider, while changing their domicile by moving to another Member State. The Commission should examine waiving the fee for changing providers as an incentive. In any case, costs shall be reasonable and communicated always at time of the contract.
Amendment 290 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. When proposing a PEPP, the PEPP provider or PEPP distributor shall provide potential PEPP savers with information on which national compartments are immediately available and either from the PEPP provider or from a registered partner.
Amendment 300 #
2017/0143(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
PEPP providers may enter a compartment partnership with other PEPP providers in order to facilitate provisions to open compartments in all Member States.
Amendment 306 #
2017/0143(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At the request of the PEPP saver, the PEPP provider shall propose to the PEPP saver to arrange for transfer of accumulated assets between different compartments of the individual PEPP account, so that all assets could be consolidated in one compartment. Costs associated with this transfer must have been stipulated at the time the contract was concluded.
Amendment 315 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) identification of the registered partner if any;
Amendment 319 #
2017/0143(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable medium. and in an accessible format to PEPP savers with a visual or hearing impairment as well as an easy to read version for PEPP savers with low or no financial literacy.
Amendment 329 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point iv
Article 23 – paragraph 3 – point iv
(iv) general information on the portability service, including information on the compartments and registered partners if any;
Amendment 385 #
Amendment 392 #
2017/0143(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. PEPP providers shall draw up a concise, clear and comprehensible personalised document containing key information for each PEPP saver taking into consideration the specific nature of national pension systems and of relevant national social, labour and tax law (“PEPP Benefit Statement”). The title of the document shall contain the words “PEPP Benefit Statement”.
Amendment 398 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall be provided free of charge, annually and include, at least, the following key information for PEPP savers:
Amendment 401 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) personal details of the PEPP saver, name of the PEPP providand contact information of the PEPP provider, identification of the scheme of the PEPP saver, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the “member” means the PEPP saver, the “IORP” means the PEPP provider, the “pension scheme” means the PEPP scheme and “the sponsoring undertaking” means any third party for the purposes of this Regulation;
Amendment 453 #
2017/0143(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
PEPP providers may offer PEPPs with an option ensuring the coveragshall include a guarantee ofn the risk of biometric risks. For the purpose of this Regulation, “biometric risks” mean risks linked to longevity, disability and deathcapital invested for death and permanent disability of the PEPP saver during the accumulation phase.
Amendment 464 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. Within twofive working days from receipt of the authorisation referred to in paragraph 2, the receiving PEPP provider shall request the transferring PEPP provider to carry out the following tasks, if provided for in the PEPP saver’s authorisation:
Amendment 487 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
1. PEPP providers mayshall make available to PEPP savers one or more of the following forms of out-payments:
Amendment 59 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 68 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) UIn order to avoid distortions of competition and take account of the development of international transport activities of undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long- lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than, they should be subject to requirements similar to those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 92 #
2017/0123(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to, eliminate uncertainty and take into account the fact that cabotage is not an ordinary form of haulage operation, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reducmaintained.
Amendment 99 #
2017/0123(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;
Amendment 109 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1
Article 1
Amendment 154 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – indent 3
Article 6 – paragraph 1 – indent 3
(xiia) cabotage;
Amendment 40 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. In order to ensure good working conditions and the safety of drivers, it is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular and reduced weekly rest periods if they are taken away from home.
Amendment 47 #
2017/0122(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities.
Amendment 125 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8
Article 8 – paragraph 8
(ba) Paragraph 8 is replaced by the following: ‘8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.’;
Amendment 132 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The reduced and regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;.
Amendment 153 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) the following paragraph is inserted: “8c. Member States shall issue an annual report to the Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The Commission shall, by means of implementing acts, establish a common standard for Member States reporting.”
Amendment 59 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators as well as the need to ensure that inter-company competition in the sector is fair. The provisions on posting of workers in Directive 96/71/EC, and on the enforcement of those provisions in Directive 2014/67/EU, apply to the road transport sector unless this Directive provides otherwise.
Amendment 79 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time thresholdis link should be establcharacterished, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of y at least one commercial loading or unloading operation taking place in the host Member State. Furthermore, in order to eliminaternational transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence any uncertainty or complications for the Member States and for companies, and to avoid any disparity between workers, the minimum rate of pay and the minimum annual paid holidays of the host Member State should be apply to cabotageied to international transport and cabotage operations as defined by Regulations 1072/200918 and 1073/200919 irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 88 #
2017/0121(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. Control tools should be strengthened, and specifically the smart tachograph should be introduced across the board as soon as possible, in order significantly to improve the monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 170 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 183 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 210 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 361 #
2017/0121(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 42 #
2017/0102(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Young people should be provided with easily accessible opportunities to engage in solidarity activities, which cwould enable them in the first place to express their commitment to the benefit of communities while acquiring useful experience, skills and competences for their personal, educational, social, civic and professional development, therebywhich would improvinge their employability. Those activities would also support the mobility of young volunteers, trainees and workers.
Amendment 49 #
2017/0102(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The solidarity activities offered to all young people should be of high quality, in the sense that they should respond to unmet societal needs, contribute to strengthening communities, offer young people the opportunity to acquire valuable knowledge and competences, be financially accessible to young people, in particular efforts must be made to ensure participation of young persons with disabilities and disadvantages and be implemented in safe and healthy conditions.
Amendment 56 #
2017/0102(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The European Solidarity Corps would provide a single entry point for solidarity activities throughout the Union. Consistency and complementarity of that framework should be ensured with other relevant Union policies and programmes. The European Solidarity Corps should build on the strengths and synergies of existing programmes, notably the European Voluntary Service. It should also complement the efforts made by Member States to support young people and ease their school-to-work transition under the Youth Guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity-related areas within their respective Member State or across borders. Complementarity with existing Union level networks pertinent to the activities under the European Solidarity Corps, such as the European Network of Public Employment Services, EURES and the Eurodesk network, the European Youth Forum (YEJ), the European Volunteer Centre (CEV) and other relevant civil society organisations including the social partners should also be ensured. Furthermore, complementarity between existing related schemes, in particular national solidarity schemes and mobility schemes for young people, and the European Solidarity Corps should be ensured, building on good practices where appropriate. __________________ 19 Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (2013/C 120/01).
Amendment 65 #
2017/0102(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Solidarity Corps should open up new opportunities for young people to carry out volunteering, traineeship or job placements in solidarity- related areas as well as to devise and develop solidarity projects based on their own initiative. Those opportunities should help respond to unmet societal needs and contribute to strengthening communities while also contribute to enhancing their personal, educational, social, civic and professional development. The European Solidarity Corps should also support networking activities for European Solidarity Corps participants and organisations as well as measures to ensure the quality of the supported activities and to enhance the validation of their learning outcomes.
Amendment 71 #
2017/0102(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Voluntary activities constitute a rich experience in a non-formal and informal learning context which enhances young people's personal, socio-educational and professional development, active citizenship and employability. Voluntary activities should not have an adverse effect on potential or existing paid employment, nor should they be seen as a substitute for it. Solidarity placements in the form of volunteering under this Regulation should be offered by public authorities or by participating organisations in the not for profit sector or those involved in collaboration with a not for profit entity. In order to ensure continuity with respect to the volunteering activities that are supported at Union level, the volunteering activities under the European Voluntary Service that fall within the geographical scope of the European Solidarity Corps should be supported by the latter in the form of cross-border volunteering placements. The other volunteering activities under the European Voluntary Service that do not fall under the geographical scope of the European Solidarity Corps should continue to be supported under the Programme established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council establishing 'Erasmus+': the Union programme for education, training, youth and sport20 . With respect to the interpretation of related legislation at Union level, both the cross-border volunteering placements under the European Solidarity Corps and the volunteering activities that continue to be supported under Regulation (EU) No 1288/2013 should be considered equivalent to those carried out under the European Voluntary Service. __________________ 20 Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing 'Erasmus+': the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC, OJ L 347, 20.12.2013, p. 50.
Amendment 77 #
2017/0102(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Traineeships and jobs in solidarity- related areas can offer additionalhelp to build social , economic and civic cohesion while offering opportunities for young people to make a start on the labour market while contributing to addressing key societal challenges. This can help foster the employability and productivity of young people while easing their transition from education to employment, which is key to enhancing their chances on the labour market. The traineeship placements offered under the European Solidarity Corps should be remunerated by the participating organisation and follow the quality principles outlined in the Council Recommendation on establishing a Quality Framework for Traineeships of 10 March 201421 . The traineeships and jobs offered should constitute a stepping stone for young people to enter the labour market and should therefore be accompanied by adequate post-placement support. The traineeship and job placements should be facilitated by relevant labour market actors, in particular public and private employment services, social partners and Chambers of Commerce. As participating organisations, they should be able to apply for funding via the competent implementing structure of the European Solidarity Corps in view of intermediating between the young participants and employers offering traineeship and job placements in solidarity sectors. Traineeships and jobs in solidarity related areas must be entirely separate from any volunteering activities. __________________ 21 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships, OJ C 88, 27.3.2014, p. 1.
Amendment 86 #
2017/0102(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Young people’s spirit of initiative is an important asset for society and for the labour market. The European Solidarity Corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities. Those projects should be an opportunity to try out ideas in a sustainable way and support young people to be themselves drivers of solidarity actions. They could also serve as a springboard for further engagement in solidarity activities and could be a first step towards encouraging European Solidarity Corps participants to engage in self- employment or setting up associations, NGOs or other bodies active in the solidarity, non-profit and youth sectors.
Amendment 89 #
2017/0102(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Young people and organisations participating in the European Solidarity Corps should feel that they belong to a community of individuals and entities committed to enhancing solidarity across Europe. At the same time, participating organisations need support to strengthen their capacities to offer good quality placements to an increasing number of participants. The European Solidarity Corps should support networking activities aimed at strengthening the capacity of young people and participating organisations’ engagement in this community, at fostering a European Solidarity Corps spirit, as well as at encouraging the exchange of useful practices and experience. Those activities should also contribute to raising awareness about the European Solidarity Corps among public and private actors as well as to collect feedback from participants and participating organisations on the implementation of the European Solidarity Corps.
Amendment 112 #
2017/0102(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A European Solidarity Corps Portal should continuously be developed in order to ensure easy access to the European Solidarity Corps and to provide a one-stop shop for both interested individuals and organisations as regards, inter alia, registration, identification and matching of profiles and opportunities, networking and virtual exchanges, online training, language and pre and post-placement support as well as other useful functionalities, which may arise in the future.
Amendment 130 #
2017/0102(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Any entity willing to participate in the European Solidarity Corps, whether funded by the European Solidarity Corps budget, by another Union programme or by a different funding source, should first receive a quality label provided that the appropriate conditions are fulfilled. The process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the European Solidarity Corps. The attributed quality label should be reassessed periodically and could be revoked if, in the context of the checks to be performed, the conditions that led to its attribution were found to be no longer fulfilled.
Amendment 138 #
2017/0102(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) This Regulation should apply from 1 JanuaryMarch 2018. In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.
Amendment 144 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “solidarity activity” means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual’s personal, educational, social, civic and professional development, which may take the form of placements, projects or networking activities, developed in relation to different areas, such as education and training, employment, social inclusion, gender equality, entrepreneurship, in particular social entrepreneurship, citizenship and democratic participation, environment and nature protection, climate action, disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non-food items, health and wellbeing, creativity and culture, physical education and sport, social assistance and welfare, youth assistance, reception and integration of third-country nationals, territorial cooperation and cohesion;
Amendment 156 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) “participating organisation” means any public or private entity that has already been attributed the European Solidarity Corps quality label, and which offers a placement to a participant in the European Solidarity Corps or implements other activities in the framework of the European Solidarity Corps;
Amendment 186 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) “quality label” means the certification attributed to a public or private entity or an international organisation wishing to become a participating organisation and willing to provide placements under the European Solidarity Corps following a procedure aimed at ensuring compliance with the principles and requirements of the European Solidarity Corps Charter;
Amendment 190 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) “European Solidarity Corps Charter” means the document that sets out the respective rights and responsibilities that all the entities willing to join the European Solidarity Corps must agree to adhere to in advance and comply with at all times in order to obtain and keep the quality label;
Amendment 232 #
2017/0102(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. An application from an eligible entity to become a European Solidarity Corps participating organisation shall be assessed by the competent implementing body of the European Solidarity Corps in order to ascertain that its activities adhere to the requirements of the European Solidarity Corps. Any entity which substantially changes its activities must inform the competent implementing body so that it can be assessed again.
Amendment 241 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) the number of organisations holding the quality label whose solidarity activities have received funding under the European Solidarity Corps.
Amendment 60 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 80 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States and, where appropriate, the European Union, should take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age in line with the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU[21] “Investing in children: breaking the cycle of disadvantage” also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives on childcare facilities for young children. At the same time, work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area.
Amendment 174 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor an elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 197 #
2017/0085(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.
Amendment 212 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to requesthave the right to request, based on discussions with the employer, flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 302 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 335 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative” means a worker’s son, daughter, adopted child, mother, father, spouseadoptive parents, spouse and his or her children or partner in civil partnership and his or her children, where such partnerships are envisaged by national law;
Amendment 359 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 361 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.
Amendment 424 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific situation.
Amendment 480 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativ, dependency or the loss of autonomy of the worker's relative. The information on the medical condition, dependency or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 559 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 594 #
2017/0085(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5, 6 or 6,7 or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 643 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
Amendment 644 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers.
Amendment 645 #
2017/0085(COD)
Proposal for a directive
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 3 #
2016/2304(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. NHighlights that Cohesion policy proved to be one the most important public tools in promoting growth and jobs and reducing regional disparities; notes with concern that in 2015 only 34 % of Europeans said that they had heard about projects co-financed by the EU to improve the area in which they live and that this proportion has remained unchanged since June 20101 ; therefore, there is an urgent need to improve communication strategies to citizens, considering the low awareness of the positive effects cohesion policies have in quality of life and economic growth, which is even more important in times of challenge by populism and spread negativity about the European project; __________________ 1 Flash Eurobarometer 423: Citizens’ awareness and perceptions of EU regional policy.
Amendment 22 #
2016/2304(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission, in close cooperation with the managing authorities, to monitor regularly that all legal provisions as regards information and communication are being implemented thoroughly in order to ensure transparency and the widespread dissemination of information about the achievements of the Funds, and paying special attention to groups of beneficiaries in vulnerable positions;
Amendment 26 #
2016/2304(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to improve the visibility of the European Structural and Investment Funds (ESIF) by communicating the European added value of the projects, particularly in terms of job creation and social integration; in this context, draws attention to the growing importance of social media as the main source of information among many citizens, and also the dissemination of anti-European propaganda on the internet; recommends the more intense use of social media to communicate the successes of cohesion policies and the opportunities related to their use;
Amendment 42 #
2016/2304(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to reduce the administrative burden on authorities and beneficiaries, without affecting necessary controls and audits, with a view to ensuring a better absorption rate, in particular for SMEs, which have created around 85 % of new jobs within the Union in the past five years, and micro- businesses and companies in remote rural areas in order to foster their capacity to create employment and add economic value;
Amendment 57 #
2016/2304(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to analyse the real impact of investing EU funds during the previous programming period and to draw specific conclusions regarding the positive and negative experiences as a starting-point for adding value to the investment process;
Amendment 58 #
2016/2304(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that there is a particular need at EU and at Members States level to improve simplification for beneficiaries with more precise targeting to meet their needs. In this regard, the social partners and stakeholders could contribute to the identification of both good and bad practices and help in introducing simplification option in their Member States;
Amendment 198 #
2016/2276(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 212 #
2016/2276(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 221 #
2016/2276(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 37 #
2016/2269(INI)
Motion for a resolution
Recital D
Recital D
D. whereas increases in inequality are linked with declining labour shares of national wealth and shrinking trade union density;
Amendment 51 #
2016/2269(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the fact of having a job is no longer a guarantee of protection against poverty, and whereas decent working conditions are essential if levels of inequality are to be reduced;
Amendment 90 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities thare aten the future of the European project odds with the EU's principles and values, erode its legitimacy and damage trust in ithe EU as an engine of social progress;
Amendment 135 #
2016/2269(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to extend the scope of the European Semester and the Macroeconomic Imbalance Procedure (MIP) by adding new binding indicators to estimate individual imbalances in inequalitiesindicators which make it possible to estimate inequalities more effectively as a way to link economic coordination with employment and social performance;
Amendment 162 #
2016/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 189 #
2016/2269(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to raise the funding level of the Youth Employment Initiative (YEI) for the period 2017-2020 to least EUR 21 billion, including young people under 3025; calls on the Commission to ensure better implementation of the Youth Guarantee, taking into account the latest findings of the European Court of Auditors’ report on use of the YEI;
Amendment 213 #
2016/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concern about the increasing number of atypical work contracts and forms of non-standard employment, which are sometimes linked with precarious working conditions, lower wages, exploitation and poorer social security contributions, and rising inequality;
Amendment 232 #
2016/2269(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to present a proposal for a Framework Directive on decent working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, eliminating discrimination based on contractual status, ensuring a minimum number of working hours and facilitating decent working times and the right to negotiate schedules;
Amendment 234 #
2016/2269(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 236 #
2016/2269(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is convinced that applying the principle of the same pay for the same work done in the same place will help to reduce inequalities between workers;
Amendment 237 #
2016/2269(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern regarding the negative effects of increasing automation due to the delay in adapting legislation, which threatens to exert downward pressure on social protection systems and wages, especially affecting low and medium-skilled workermphasises the changes brought about by increasing automation, and, in that connection, deplores the delay in adapting legislation; stresses that increasing automation offers new employment opportunities, and calls on the Commission and the Member States, therefore, to exploit these changes as a means of combating unemployment; emphasises, in that connection, the importance of keeping social protection and wages at adequate levels;
Amendment 263 #
2016/2269(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to establish a European UMember States gradually to harmonise their unemployment Iinsurance schemes, complementing current national benefit systems; considers that such an automatic stabiliser can play an important role in reducing inequality between countries and in neutralising the consequences arising from the absorption of asymmetric shocks;
Amendment 279 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 288 #
2016/2269(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Members States to strengthen workers’ rights and foster the collective bargaining power of employees through structural reforms of labour markets, widening collective bargaining coverage, and promoting unionisation;
Amendment 303 #
2016/2269(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. HighlightsTakes the view that, in manysome countries, welfare and social protection systems have been severely underminaffected by austerity measures with huge consequencerepercussions in terms of income inequalities;
Amendment 310 #
2016/2269(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to reform their welfare systems (education, health, pensions and transfers) in order to achieve more effective redistribution and promote andfairer redistribution of wealth, taking into account the new social risks and vulnerable groups that have arisen from the social and economic challenges confronting society;
Amendment 322 #
2016/2269(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to put forward a European legal framework in line with the related ILO recommendation to guarantee every European citizen a social protection floor with universal access to healthcare, basic income security whose level is set by each Member State and access to the goods and services defined as necessary at national level;
Amendment 337 #
2016/2269(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that international trade has beenis an engine for growth in many countries, but also can be perceived as a source of inequalities; calls on the Commission and the Member State to promote fairer international trade agreements that respect European labour market regulations, while protecting quality employment and workers’ rights and ensuring intra-European and national mechanisms for the compensation of workers and sectors negatively affectedwhich must be safeguarded and promoted by means of fair international trade agreements;
Amendment 348 #
2016/2269(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that the current inequality of opportunities for children and young people has damaging consequences for their wellbeing and ‘wellbecoming’ as individuals, thereby contributing to the estrangement of European youth and workers, especially those on the wrong side of the opportunity gap;
Amendment 353 #
2016/2269(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that education has a key role to play in reducing inequalities, and, in that connection, calls on the Member States to step up their efforts and earmark sufficient investment in order to guarantee equal opportunities;
Amendment 361 #
2016/2269(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses, further, that many cultural and sporting activities are powerful tools for cohesion and social integration, and points out that these activities can improve the employment prospects of the least-favoured members of society by teaching them soft skills;
Amendment 384 #
2016/2269(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. ConsidersDeplores the fact that, despite existing legislation enshrining the principle of equal pay for work of equal value by male and female workers, there is still a gender pay gap and an even greater gender pension gap; calls on the Commission and the Member States to address the gender gap challenge in pay and pensions;
Amendment 32 #
2016/2242(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that effective mechanisms to discuss and resolve difficulties experienced when implementing YG schemes are needed, together with a strong commitment by the Member States to setting realistic, achievable targets in order to implement the scope of the YG in full, including partnership-building, ensuring an effective outreach, enabling skills enhancement and putting in place proper evaluation structures;
Amendment 8 #
2016/2240(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
Amendment 48 #
2016/2240(INI)
Motion for a resolution
Recital D
Recital D
D. whereas cultural relations are fundamental drivers of social cohesion and sustainable economic and human development, while playing a crucial role in strengthening civil society capacities, reinforcing democratisation processes and in conflict prevention, resolution and resilience;
Amendment 63 #
2016/2240(INI)
Motion for a resolution
Recital G
Recital G
G. whereas mobility of researchers, studentacademics and staffudents to and from third countries and alumni networks of former participants in EU programmes17 are a key part of the EU’s international cultural relations; __________________ 17 For instance, Erasmus and Horizon 2020.
Amendment 107 #
2016/2240(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the mutual advantages of working together: the EU is an arena in which all Member States join forces to play a stronger role in the field of international cultural relations; suggests that each Member State’s rotating presidency could launch joint actions together with the EU, such as exhibitions and co-productions, particularly for smaller states or those with no cultural representations abroad;
Amendment 116 #
2016/2240(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the importance of cooperation among the Member States with respect to cultural heritage in terms of research, preservation and management and the fight against trafficking, art looting and destruction, including through regionally dedicated funds and assistance; and trans-border police cooperation;
Amendment 124 #
2016/2240(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that international cultural relations be embedded in the cultural and creative sectors (CCS), thus reinforcing and promoting the role of professionals, including through regional creative hubs and cluster, clusters and cultural networks;
Amendment 181 #
2016/2240(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the EEAS to appoint a ‘focal point’ in each EU delegation to liaise with Member States’ national cultural institutes, representatives and local civil society, actors and authorities in a collaborative approach aimed at identifying priority areas, needs and methods of cooperation, and to provide an adequate budget and training;
Amendment 248 #
2016/2240(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recognises the need for an in-depth knowledge of the fieldcultural scene of each country, local actors and civil society, in order to improve these actors’ access to programmes and funding and to ensure that the multiplying effect of their participation in EU programmes and initiatives is exploited; recommends consulting local actors with a view to co- designing programmes; calls for the development and the follow up of innovative collaborative approaches relying on tools and networks already in place (grants, sub-grants)22 , and for them to be followed up, taking gender balance into account; __________________ 22 For example, the EU-funded programme MEDCULTURE, which is working on developing and improving cultural policies and practices related to the cultural sector. The participative approach involves civil society actors, ministries and private and public institutions working in the field of culture, as well as other related sectors.
Amendment 284 #
2016/2240(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Recommends to include policies to prevent and respond to the destruction and looting of cultural heritage in times of conflict into the EU's agenda for conflict prevention and peace building;
Amendment 17 #
2016/2224(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas under Article 67(2) TFEU the European Union is competent to deal with matters relating to the European common asylum policy;
Amendment 21 #
2016/2224(INI)
Motion for a resolution
Recital C
Recital C
C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which undermines the public interest; whereas whistleblowers are persons who draw the attention of their employers, public and private administrative authorities, judicial authorities and third parties to such unlawful or improper conduct which they have discovered in the performance of their duties and which they have an obligation to disclose on the grounds that the conduct in question is prejudicial to the public interest;
Amendment 26 #
2016/2224(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoing in the private and public sectors to the attention of the public and of political authorities; whereas suchome of these wrongdoings have therefore been subject to corrective measures;
Amendment 34 #
2016/2224(INI)
Draft opinion
Recital G
Recital G
G. whereas corruption is one of the mosta serious problems facing around the world today, as it can hamper a state’s ability to deliver inclusive economic growth in various fields;
Amendment 34 #
2016/2224(INI)
Motion for a resolution
Recital E
Recital E
E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, and combating corruption and upholding social rightsbreaches of labour law;
Amendment 40 #
2016/2224(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas investigative journalism and the independent press remain vulnerable in the context of the disclosure of sensitive information, and whereas members of these professions must enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 42 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state actionbring to light wrongdoing by companies or governments;
Amendment 46 #
2016/2224(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the protection of whistleblowers is not guaranteed in a number of Member Statesa number of Member States do not have laws which offer whistleblowers appropriate protection, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity in cross-border scenarios;
Amendment 55 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to protect workers who detect and report wrongdoings in the field of unemployment;
Amendment 55 #
2016/2224(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectively, in particular in cases involving a Member State;
Amendment 61 #
2016/2224(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas any third-country national recognised as a whistleblower by the European Union or one of its Member States must be entitled to all the relevant protection measures if, whether in the course of his or her duties or otherwise, he or she has come into the possession of and disclosed information about illegal conduct or acts of espionage, committed either by a third country or by a domestic or multinational company, which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;
Amendment 62 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, in addition to that of losing their jobs, and the dampening effect this has on those who may come across wrongdoing;
Amendment 68 #
2016/2224(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, after assessing the options available, to present a horizontal legislative proposal, which should ideally be horizontal, with a view to effectively protecting whistleblowers in the EU before the end of this yearas soon as possible; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism;
Amendment 83 #
2016/2224(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest,, a serious threat or instance of damage which undermines the public interest and which has come to his or her attention in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;
Amendment 87 #
2016/2224(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the definition of whistleblower should reassert the principles of ethical conduct, good faith, disinterest and freedom;
Amendment 91 #
2016/2224(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that thought should be given to taking legislative action at EU level in order to afford whistle-blowers the necessary legal certainty and protection throughout the Union; calls accordingly on the Commission to continue to look for an appropriate legal basis;
Amendment 93 #
2016/2224(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rightsbreaches of labour law and attacks on human rights;
Amendment 96 #
2016/2224(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. RStresses the importance of establishing a clear definition of ‘whistle- blower’ that includes the stipulation that there must be no ulterior motive behind disclosures; recalls that in the event of false accusations, those responsible should be held accountable.
Amendment 103 #
2016/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowing must be recognised as a mechanism which has a vital role to play in preventing unlawful acts; stresses, further, that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press;
Amendment 107 #
2016/2224(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that whistleblowers are proving to be a crucial resource for investigative journalism and for an independent press; emphasises that for this reason members of these professions are vulnerable in the context of the disclosure of sensitive information and must therefore enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;
Amendment 111 #
2016/2224(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 114 #
2016/2224(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that protecting whistleblowers is essential if instances of serious wrongdoing are to be brought to the attention of the authorities and the general public; emphasises, further, that the role of whistleblowers must be recognised and the relevant rules harmonised at European level, in order to deter reprisals against them;
Amendment 121 #
2016/2224(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reportingprotection, which may deter potential whistle-blowers from reporting what they know; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;
Amendment 127 #
2016/2224(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; believes that it is necessary to establish a coherent systemTakes the view that a coherent, credible and reliable system should be introduced which enables reports to be delivered both inside and outside the organisation; emphasises that public disclosure should be envisaged only as a last resort;
Amendment 129 #
2016/2224(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to study a tiered system enablingof procedures to facilitate whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that employee representatives should be involved in the assignment of that role;
Amendment 143 #
2016/2224(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protection, provided that the whistleblower can provide proof of the risk that he or she is running and acted in good faith and disinterestedly;
Amendment 153 #
2016/2224(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an endshould be taken to protect him or her;
Amendment 157 #
2016/2224(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Takes the view that protection should also be provided if a whistleblower draws attention to conduct involving a Member State;
Amendment 158 #
2016/2224(INI)
13b. Notes that investigative journalists and members of the independent press pursue a solitary profession in the course of which they face many kinds of pressure; emphasises, therefore, that it is essential that they should be protected against all attempts at intimidation;
Amendment 162 #
2016/2224(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Expresses its concern aboutCondemns the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convictedsecure justice, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion;
Amendment 163 #
2016/2224(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses, however, that a clear distinction must be drawn between the professional confidentiality obligations which employees and public servants have and the need to disclose or bear witness in good faith to instances of wrongdoing likely to undermine the public interest. Any person who makes a report which they know to be false or which is malicious must be liable to disciplinary measures or even prosecution;
Amendment 177 #
2016/2224(INI)
16. Believes that the option to report confidentially or anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously or confidentially should be introduced, at least at the first stage of the reporting procedure;
Amendment 183 #
2016/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be trueacted in good faith and disinterestedly;
Amendment 187 #
2016/2224(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the role that public authorities, non-governmental organisations and trade unions play in supporting and helping whistleblowers in their dealings within their organisation;
Amendment 199 #
2016/2224(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Member States, with a view to making these measures effective, to consider the advisability of setting up national compensation funds;
Amendment 206 #
2016/2224(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to introduce the principle of granting an EU passport to any third-country national who, whether in the course of their duties or not, has disclosed information about illegal conduct or acts of espionage, committed either by a third country or a domestic or multinational company which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;
Amendment 208 #
2016/2224(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Emphasises that, in addition to all the protection measures afforded to whistleblowers in general, these whistleblowers in particular must be guaranteed proper reception arrangements, accommodation and safety in a Member State which does not have an extradition agreement with the country which committed the acts in question. In cases where the European Union has an extradition agreement with the third country involved, calls on the Commission, pursuant to Article 67(2) TFEU on European asylum policy, to use its powers to take all the measures required to protect these whistleblowers, who are particular vulnerable to severe reprisals in the country whose illegal or fraudulent practices they brought to public attention;
Amendment 9 #
2016/2142(INI)
Motion for a resolution
Recital A
Recital A
A. whereas education systems are struggling toshould respond to the profound and complex changes that our societies and economies are undergoing, including technological innovation, while at the same time focus on quality, personal development and social inclusion;
Amendment 11 #
2016/2142(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas every person, at every stage of their life should have lifelong learning opportunities to acquire the knowledge and skills they need for both their personal development and professional progress; whereas the European Lifelong learning strategy should be reinforced;
Amendment 16 #
2016/2142(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas further efforts need to be made in order to enhance the synergies between education and employment, both by facilitating entry into the labour market and by enabling individuals to constantly update their skills or to learn new skills throughout their careers;
Amendment 18 #
2016/2142(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas academic further and distance education have a significant contribution to individuals´ personal development and to the formation of human capital and should become an integral part of the European Lifelong learning strategy;
Amendment 23 #
2016/2142(INI)
Motion for a resolution
Recital D
Recital D
D. whereas distance education and academic further education are important tools in providing flexible, personalized education opportunities for all without any discrimination byased on country, region, class, age or gender;
Amendment 38 #
2016/2142(INI)
Motion for a resolution
Recital E
Recital E
E. whereas distance education refers to a method of teaching which offers flexibility in learning through the use of emerging technologies, not as a replacement to on-campus education, but offering an alternative for the learners who are unable to participate in on-campus education;
Amendment 41 #
2016/2142(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas adaptation to accelerating economic and technological change is a major challenge for an ageing workforce and that responding to this challenge will be one of the keys to ensure the longterm competitiveness of the European Union´s economy;
Amendment 43 #
2016/2142(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas academic further and distance education play an increasingly important role in facilitating the adaptation of workers to economic and technological change throughout their professional life;
Amendment 46 #
2016/2142(INI)
Motion for a resolution
Recital G
Recital G
G. whereas academic distance education provides for flexible study formats that help people attain a better work-life balance and enhances mobility;
Amendment 48 #
2016/2142(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas digitalization enables flexibility and interactivity of the educational process and it is a key factor for the further development of academic further and distance education;
Amendment 65 #
2016/2142(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas academic further and distance education are rapidly expanding sectors with significant potential in terms of economic growth and job creation;
Amendment 72 #
2016/2142(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that many schooleducational and training institutions are struggling to respond to the profound and complex changes that our societies and economies are undergoing; stresses that new, flexible and accessible forms of lifelong learning, suitable for individuals of all ages, can successfully address some of those challenges such as social exclusion, early school leaving and skills mismatches;
Amendment 85 #
2016/2142(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that academic institutions must prepare students for uncerknowledge-based societies and constaintyly changing economies and provide them with tools such as entrepreneurial andmindset and transversal skills, such as adaptability skills, in order to explore their own pathways and reach their full potential;
Amendment 99 #
2016/2142(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the need to focus on bridge-building between schoolenhance close cooperation between educational and training institutions, local communities and the economy;
Amendment 109 #
2016/2142(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the importance of Erasmus+ and Horizon 2020 for enhancing lifelong learning, and the need for; calls therefore on the Member States to unlock the fullfully explore the potential of those programmes;
Amendment 121 #
2016/2142(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that to remain competitive, and to give low- and high- skilled workers alike the best chance of success, businesses together with the educational and training institutions need to offer training and career-focused education throughout people's working lives;
Amendment 124 #
2016/2142(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the particular importance of quality teaching for the outcomes of education; stresses furthermore the need for continuous up- skilling of the teaching staff and the importance of developing new models of teaching and learning as part of the innovation process and gradual digitization of education;
Amendment 147 #
2016/2142(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges that further and distance education creates development opportunities for universities to broaden their field of competences and diversify their revenues programs they offer;
Amendment 155 #
2016/2142(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the need to keep up with rapid technological change, in particular for distance education, and that the importance of ICT cannot be overstressedusing ICT in distance learning as a vehicle through which major educational and developmental challenges could be tackled in an optimal and cost-effective manner;
Amendment 161 #
2016/2142(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes with regret that the lack of ICT literacy is a major issue today among both educators and learners; reiterates the importance of technological proficiency in order to be able to harness the potential of distance learning and facilitate the implementation of new teaching and learning methods;
Amendment 164 #
2016/2142(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the fact that only one quarter of schoolchildren in Europe are taught by digitally confident teachers, which is a major obstacle preventing the flourishing of new methods of teaching; calls therefore on schoolthe Member States to provide stronger support for teachers and school leadeand up-skilling opportunities for teachers, trainers and tutors;
Amendment 172 #
2016/2142(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges the costsimportance of quality education and tailor-made learning; highlights that distance education can provide a learner-centred, high quality education at a lower cost;
Amendment 177 #
2016/2142(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists that costs must not act as a barrier to enrolment and participation in education; encourages therefore the Commission and Member States to better support and promote distance learning as a quality, affordable, flexible and personalized educational option;
Amendment 181 #
2016/2142(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recognises the continued importance of blended learning, in particular in the context of VET; stresses that the combination of high quality digital technologies and face-to-face learning opportunities result in greater student achievements and therefore encourages the Commission and Member States to better support and promote blended learning;
Amendment 211 #
2016/2142(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on Member States to ensure a holistic approach to education and to provide students with authenticdiverse learning opportunities that develop their aspirations and the skills needed to survive in aprosper in a constantly changing global economy;
Amendment 225 #
2016/2142(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Highlights the importance of specialised teacher training for distance learningdigital and distance learning training for teachers;
Amendment 2 #
2016/2101(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates the importance of a well- functioning and integrated Single Market to the recovery of the European economy after the financial crisis; supports, and its contribution to sustainable, future- oriented growth; calls, therefore, for the inclusion of Country-Specific Recommendations (CSRs) which go beyond narrow fiscal and macroeconomic targets and allow for a more balanced policy mix with the potential to help sustain a socially balanced recovery; welcomestablish sustainable growth that fosters economic, social and environmental progress, progress that will, inter alia, foster support for and recognition of the benefits of the internal market among EU citizens; encourages thise repositioning, as well a of CSRs along these lines; welcomes the streamlined structure of CSRs;
Amendment 57 #
2016/2101(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that several CSRs focus on skills and labour markets; stresses that the right skills and good initial and lifelong training are key to ensuring productivity and output growth; calls on the Commission and the Member States to pursue, and adopt and step up digital and lifelong learning programmes as a matter of urgency; stresses, moreover, the need to enable and encourage both students and apprentices to take an apprenticeship, traineeship or study trip abroad as part of their training.
Amendment 1 #
2016/2062(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the inclusion of a specific section on consumers in the Commission’s Aviation Strategy; notes that for consumers booking travel many of the applicable rights are still based on horizontal consumer protection legislation; considers, therefore, that the ‘Fitness Check’ on the consumer acquis should take that into account the impact on this sector;
Amendment 3 #
2016/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Strongly encourages the Commission in seeking to support research and innovation in the aviation sector through public-private partnerships, the Horizon 2020 Framework Programme, European Structural and Investment Funds and the European Fund for Strategic Investments; stresses the need to give priority to a European investment strategy based on a concerted rather than fragmented approach;
Amendment 10 #
2016/2062(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Regrets the fragmentation of European Union airspace, the cost of which is put at EUR 5 billion by the Commission and which, in particular, results in delays for passengers;
Amendment 12 #
2016/2062(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points to the importance of protecting and enforcing, both online and offline, the rights of travel-booking and travelling consumers, including persons with a disability and persons with reduced mobility, as regards accessibility and assistance;
Amendment 24 #
2016/2062(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of ensuring that travel websites and applications respect EU law, as in 2015 travel and holiday accommodation bookings accounted for 52 % of all purchases made online;
Amendment 27 #
2016/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates its commitment to high air and airport safety and security standards, which are vital for consumer confidence and for the sector's competitiveness; points up in this connection how important it is, at a time of strong air traffic growth, that those standards should limit passenger inconvenience, in particular as regards waiting times and delays, while ensuring a high level of safety and security and compliance with fundamental rights;
Amendment 41 #
2016/2062(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the need to ensure high standards as regards public health requirements for residents near airports (in particular noise and air quality standards) and points up the importance of making rapid progress on adopting demanding international noise standards;
Amendment 45 #
2016/2062(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Welcomes the Commission's decision to make use of interpretative guidelines on Regulation No 261/2004 on air passenger rights in the event of denied boarding and of cancellation or long delay of flights so as to improve application thereof; stresses the importance, at the same time, of rapidly adopting the revised regulation;
Amendment 6 #
2016/2056(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Agrees with the Commission that the lack of cross-border financial services is a major concern and may harm the interests of consumers and businesses, as well as undermine the functioning of the single market; supports all efforts to find new ways to re-launch the single market for retail financial services in practice;
Amendment 14 #
2016/2056(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines the continued lack of cross-border sales of individual third party liability vehicle insurance is especially concerning; notes this lack of competition has led to some EU citizens paying rates that are hundreds of times higher than others for the same vehicle model; while understanding that risk and costs are factors in prices, notes that these factors are not sufficient to explain such price fragmentation across Europe; asks the Commission to adopt an sector specific action plan on the European market for individual motor vehicle insurances, including recommendations as to EU wide rules on guarantee funds, guidelines on the use of 'bonus-malus' data when a EU citizen moves to another Member State and other possible actions needed to create a true single market for vehicle insurance;
Amendment 22 #
2016/2056(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CWelcomes the benefits brought to consumers by the digital transformation of financial services and the raise of non- traditional fintech companies which have started to change the way retailers and consumers interact; calls on the Commission to ensure that digitalisation brings better market access for all businesses on an equal footing, especially for SMEs and fintechs, and greater consumer choice, bringing down price differences of financial services within the EU;
Amendment 42 #
2016/2056(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to fully transpose and implement the MCD, PAD, IDD MiFID II directives as soon as possible, especially in relations to their consumer information requirements and protection measures;
Amendment 43 #
2016/2056(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses the roles played by the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA) in ensuring the protection of the consumers of financial products; asks the Commission to ensure they have the independency and tools needed to carry out their missions and regrets the budget reductions which have led to the limiting of their working programmes;
Amendment 62 #
2016/2056(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of availability of alternative dispute resolution (ADR) and online dispute resolution (ODR), especially cross-border, as efficient redress is key to the single market and consumer trust; recommends that the Fin- NET programme be incorporated into the ADR and ODR structures in order to increase its efficiency and the work towards consolidating such services into 'one-stop-shops' for consumers;
Amendment 63 #
2016/2056(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Asks the Member States to ensure that digital communications and sales related to retail financial services are available in forms accessible to persons with disabilities, including via websites and downloadable file formats; supports the full inclusion of all retail financial services within the scope of the Directive on the accessibility requirements for products and services (the "European Accessibility Act");
Amendment 64 #
2016/2056(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Asks the Commission to work with retailers, consumer organisations and other relevant stakeholders towards the creation of an independent pan-European comparison website for the most sold financial services products;
Amendment 70 #
2016/2056(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the work towards greater transparency in the pricing of rental car services, including the sale of ancillary insurances and other fees; stresses that all fees or charges, either required or optional, connected to the rental a vehicle should be visible to the consumer on the rental company or comparison website in a clear and highlighted manner; reminds the Commission of the need to enforce the Unfair Commercial Practices Directive and welcomes the recent adoption of new implementing guidelines in light of technological change;
Amendment 73 #
2016/2056(INI)
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Recalls the work done relating to the credit rating agencies regulation; asks the Commission to review the impact of such legislation in relations to products sold to retail consumers;
Amendment 19 #
2016/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to monitor the evolving postal sector, including the growth of e-commerce and e-substitutionparcel delivery, and to respond where necessary to ensure the sustainability of the USO;
Amendment 31 #
2016/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to take full account of the occurrence, and further risk, of downgrading of job security and terms and conditions for workers in the postaldelivery sector, and to make specific provision to mitigate and avoid this in any proposed new legislation;
Amendment 37 #
2016/2010(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that, while the situation varies from one Member State to another, geographical coverage and accessibility to universal services for parcel deliveries in the EU can be improved, especially for vulnerable consumers and those in remote areas;
Amendment 176 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 179 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 883/2004
Recital 24
Recital 24
(24) Long-term care benefits for insured persons and members of their families needshould, in principle, continue to be coordinated according to specific rules which, in principle, follow the rules applicable to sickness benefits,the rules applicable to sickness benefits, taking the specific nature of long-term care benefits into account and in line with the case law of the Court of Justice. It is also necessary to provide for specific provisions in case of overlapping of long-term care benefits in kind and in cash.
Amendment 205 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Regulation (EC) No 883/2004
Article 1 – point c
Article 1 – point c
Amendment 209 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
Amendment 213 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 883/2004
Article 1 – point i – point 1 – point ii
Article 1 – point i – point 1 – point ii
(b) In Point (i)(1)(ii) after the term “, point (ii) is replaced by the following: (ii) with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, long-term care, maternity and equivalent paternity benefits” the term “and Chapter 1a on long-term care benefits” is inserted., any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State in which he/she resides;
Amendment 214 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Regulation (EC) No 883/2004
Article 1 – point va – point i
Article 1 – point va – point i
Amendment 301 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 304 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14b. Article 19 is replaced by the following; “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=20512&locale=en#)benefit.” Or. en
Amendment 317 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
Amendment 322 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 330 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EC) No 883/2004
Article 33 a (new)
Article 33 a (new)
15a. the following Article is inserted: “Article 33a Long-term care benefits 1. The Administrative Commission shall draw up a detailed list of long-term care benefits which meet the criteria contained in point (vb) of Article 1, specifying which are benefits in kind and which are benefits in cash. 2. By way of derogation from paragraph 1, Member States may coordinate long-term care benefits in accordance with another Chapter in Title III, provided that the outcome of such coordination is at least as favourable to the beneficiaries as it would be if the benefit were coordinated as a long-term care benefit under this Chapter and the benefit and the specific conditions to which the benefit is subject are listed in Annex XII. 3. Article 34 (1) and (3) shall also apply to benefits listed in Annex XII.”
Amendment 333 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Amendment 336 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 340 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 345 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 883/2004
Chapter 1 a
Chapter 1 a
Amendment 583 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 3
Article 16 – paragraph 3
3. If that institution determines that the legislation of another Member State applies, it shall do so provisionally and shall without delay inform the institution of the Member State which it considers to be competent of this provisional decision. The decision shall become definitive within two months after the institution designated by the competent authorities of the Member State concerned has been informed of it, unless the latter institution informs the first institution and, the persons and the employer concerned that it cannot yet accept the provisional determination or that it takes a different view on this.
Amendment 585 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 987/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The competent institution of the Member State whose legislation is determined to be applicable either provisionally or definitively shall without delay inform the person concerned and/or his or her employer.
Amendment 604 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Regulation (EC) No 987/2009
Title III – Chapter 1– title
Title III – Chapter 1– title
Sickness, long-term care, maternity and equivalent paternity benefits, and long-term care benefits.
Amendment 606 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Regulation (EC) No 987/2009
Article 23 – second sentence
Article 23 – second sentence
Amendment 609 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
Article 23
14a. Article 23 is replaced by the following; "Article 23 Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 613 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009
Article 2 – paragraph 1 – point 15Regulation (EC) No 987/2009
Article 24 – paragraph 3
Amendment 614 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1is replaced by the following: 1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
Amendment 617 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: “3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML) or long-term care.” Or. en (http://eur-
Amendment 624 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 628 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point c
Article 2 – paragraph 1 – point 17 – point c
Regulation (EC) No 987/2009
Article 31 – title
Article 31 – title
Amendment 629 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point d
Article 2 – paragraph 1 – point 17 – point d
Regulation (EC) No 987/2009
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 630 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point e
Article 2 – paragraph 1 – point 17 – point e
Regulation (EC) No 987/2009
Article 31 – paragraph 2
Article 31 – paragraph 2
(e) In paragraph (2), the term "Article 34(2)" is replaced by "Article 353a (21)".
Amendment 631 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 633 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Regulation (EC) No 987/2009
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 647 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Regulation (EC) No 987/2009
Title VI – Chapter I – title
Title VI – Chapter I – title
Amendment 691 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – title
Annex XII – title
LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION FROM ARTICLE 353A(1) OF CHAPTER 1A
Amendment 692 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XII – subheading
Annex XII – subheading
Amendment 25 #
2016/0359(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The objective of this Directive is to contribute to the proper functioning of the internal market by removeing obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures on preventive restructuring, insolvency and second chance. This Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time; and that the effectiveness of restructuring, insolvency and discharge procedures is improved, in particular with a view to shortening their length.
Amendment 43 #
2016/0359(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In many Member States it takes more than three years for bankrupt, but honest entrepreneurs to discharge their debts and make a fresh start. Inefficient second chance frameworks result in entrepreneurs having to relocate in other jurisdictions in order to benefit from a fresh start in a reasonable period of time, at considerable additional costs to both their creditors and the debtors themselves. Long disqualification orders which often accompany a procedure leading to discharge create obstacles to the freedom to take up and pursue a self-employed,pursue entrepreneurial activity.
Amendment 49 #
2016/0359(COD)
Proposal for a directive
Recital 6
Recital 6
(6) All these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more Member States and the costs of restructuring companies having establishments, creditors or assets in other Member States, such as is most clearly the case of restructuring international groups of companies. Many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country. This uncertainty therefore acts as a disincentive which obstructs the freedom of establishment of undertakings and harms the proper functioning of the internal market.
Amendment 52 #
2016/0359(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Those differences lead to uneven conditions for access to credit and to uneven recovery rates in the Member States. A higher degree of harmonisation in the field of restructuring, insolvency and second chance is thus indispensable for a well-functioning single market in general and for a working Capital Markets Union in particular, as well as for the viability of economic operations and therefore for the preservation and creation of jobs.
Amendment 114 #
2016/0359(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Throughout the preventive restructuring procedures, workers should enjoy full labour law protection. In particular, this Directive is without prejudice to workers' rights guaranteed by Council Directive 98/59/EC68, Council Directive 2001/23/EC69, Directive 2002/14EC of the European Parliament and of the Council70, Directive 2008/94/EC of the European Parliament and of the Council71 and Directive 2009/38/EC of the European Parliament and of the Council72. The obligations concerning the information and consultation of workers under national law implementing the above-mentioned Directives remain fully intact. This includes obligations to inform and consult workers' representatives on the decision to have recourse to a preventive restructuring framework in accordance with Directive 2002/14/EC. Given the need to ensure an appropriate level of protection of workers, Member States should in principle exempt workers' outstanding claims, as defined in Directive 2008/94/EC, from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted. Such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law. Where Member States extend the cover of the guarantee of payment of workers' outstanding claims established by Directive 2008/94/EC to preventive restructuring procedures set up by this Directive, the exemption of workers' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee. Where under national law there are limitations to the liability of guarantee institutions, either in terms of the length of the guarantee or the amount paid to workers, workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period. __________________ 68 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, OJ L 225, 12.08.1998, p. 16. 69 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJ L 82, 22.03.2001, p. 16. 70 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, OJ L 80, 23.3.2002, p. 29. 71 Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer, OJ L 283, 28.10.2008, p. 36. 72 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works council or a procedure in Community-scale undertakings and community-scale groups of undertakings for the purpose of informing and consulting employees, OJ L 122, 16.5.2009, p. 28.
Amendment 83 #
2016/0304(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Regulation (EU) 2016/589 of the European Parliament and of the Council31 establishes European Employment Services (EURES), a network of employment services and a mechanism for an automated matching of people to jobs through the EURES common IT platform. To enable the exchange and the matching of job vacancies with candidates, this mechanism needs a common and multilingual list of skills, competences and occupations. By developing ESCO the Commission isaims at providing a multilingual classification system of occupations, skills and competences and qualifications that is suited to this purpose. _________________ 31 OJ L 107, 22.4.2016, p. 1. OJ L 107, 22.4.2016, p. 1.
Amendment 108 #
2016/0304(COD)
Proposal for a decision
Recital 18
Recital 18
(18) Union tools and services for skills and qualifications should adapt to changing practices and advances in technology to ensure they remain relevant and of value to users. This should be achieved by, among other things, creating more synergy between related tools and services, including those developed by third parties, to offer a more comprehensive and effective service and by enhancing exchange of best practices among the Member States.
Amendment 213 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Europass shall support cooperation on the development, use and dissemination of open standards, comprising metadata schemata and semantic assets, to facilitate more effective exchange of information on skills and qualifications at EU level and by Member States and third parties. The multilingual classification system ESCO (European Skills, Competences, Qualifications and Occupations) referred to in article 6 shallmay be used to support this work.
Amendment 347 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) support cooperation at national level among public and private stakeholders on skills related issues in economic sectors;
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 75 #
2016/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 88 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. RIP-based retransmission services which are offereoffered both on closed-circuit networks and on the open internet should be exincluded fromin the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable orlong as they are provided to a defined number of users (e.g. subscribers, registered users) and comparable to closed circuit IP-based networks.
Amendment 100 #
2016/0284(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Copyright and related rights involve in some cases the application of numerous territorially-defined national rights belonging to different right holders. In some cases, the exercise of such rights involves different entities. A database should be developed by the Commission and Member States in cooperation with collective management organisations in order to facilitate the identification of rightholders to enhance the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.
Amendment 145 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excludingand online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is. Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 167 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.
Amendment 186 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) The Commission and Member States in cooperation with collective management organisations shall develop a database providing information relating to copyright and related rights of works, including concerning the holder of the right, the type of use of the right, its territorial scope and its duration.
Amendment 98 #
2016/0280(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Search engines embrace a wide variety of services whose aim is in principle to enable the public to access resources disseminated over the Internet. However, the nature of the acts performed by these entities varies greatly from service to service. While text search engines supply a clickable hypertext link whose basic aim is to lead users to the reference online service, most search engines specialising in images directly display the works referenced in the search results, autonomously in relation to the online service from which they are derived. As the images can then be consulted in their original format and in high quality, these search engines therefore in terms of their functionalities more closely resemble image banks. Exploitation of graphic, plastic or photographic works therefore requires authorisation by the rightholders under Articles 2 and 3 of Directive 2001/29/EC. In view of the very large number of images reproduced or communicated to the public by these search engines, it is desirable to leave it to the discretion of Member States to apply balanced solutions, with provision for equitable compensation.
Amendment 99 #
2016/0280(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with the principles of subsidiarity and proportionality, in Member States where commercial use of the freedom of panorama is not authorised, reproductions and representations by natural persons of works of architecture and sculptures permanently located in public places must always require the prior authorisation of the authors, their rightholders or collecting societies. Paragraph 37 of Parliament's resolution of 9 July 2015 on the implementation of Directive 2001/29/EC states that this field could benefit from more common rules, while remarking that differences may be justified to allow Member States to legislate according to their specific cultural and economic interests.
Amendment 101 #
2016/0280(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) The right of communication to the public and the right of making available to the public defined in Article 3 of the Directive, which implements the principles and rules laid down in Article 8 of the WIPO Copyright Treaty, to which the Union is a party, play a vital role in the information society. Union law should guarantee its effect and effectiveness in order to afford a high level of protection to rightholders.
Amendment 117 #
2016/0280(COD)
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnershipIn order to preserve the capacity of rightholders to develop licences on the market and to receive payment, the exception should apply only to text and data mining conducted for non- commercial purposes.
Amendment 121 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright andor legally accessible, for which in such instances no authorisation would be required.
Amendment 149 #
2016/0280(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In the context of public-private partnerships, a private organisation should intervene only if it represents a structure with a non-commercial purpose and if it has legitimate access to the content.
Amendment 152 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter or extracts under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities. Thus, for example, the exception should be limited to the use of brief extracts for intellectual works, except in the case of plays and poems. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 162 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC or on licensing agreements covering further uses, are in place in a number of Member States in order to facilitate educational uses of works and other subject-matter. Such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education. Whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross-border teaching activities, the modalities of implementation may differ from a Member State to another, to the extent they do not hamper the effective application of the exception or limitation or cross-border uses. This should allow Member States to build on the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism wshould, for example, allow giving precedence to licences for not, on the other hand, apply to materials which are primarily intended for the educational market, for which it should be possible to arrange licences. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes.
Amendment 205 #
2016/0280(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Different arrangements, based on the implementation of the exception provided for in Directive 2001/29/EC or on licensing agreements covering further uses, are in place in a number of Member States in order to facilitate educational uses of works and other subject-matter. Such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education. Whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross-border teaching activities, the modalities of implementation may differ from a Member State to another, to the extent they do not hamper the effective application of the exception or limitation or cross-border uses. This should allow Member States to build on the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism wshould, for example, allow giving precedence to licences for not apply to materials which are primarily intended for the educational market, for which it should be possible to arrange licences. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes.
Amendment 213 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation for these cultural heritage institutions.
Amendment 227 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies of these protected works or other subject-matter are owned or permanently held by the cultural heritage institution, for example as a result of a transfer of ownership or licence agreementsf the work or other subject-matter or licence agreements, thereby enabling the file to be stored on the institution's server.
Amendment 234 #
2016/0280(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Where content generated or made available by a user involves the short and proportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided in this Directive. This exception should only be applied in certain special cases which do not conflict with normal exploitation of the work or other subject-matter concerned and do not unreasonably prejudice the legitimate interests of the rightholder. For the purpose of assessing such prejudice, the degree of originality of the content concerned, the length/extent of the quotation or extract used, the professional nature of the content concerned or the degree of economic harm must be examined, where relevant, while not precluding the legitimate enjoyment of the exception. This exception should be without prejudice to the moral rights of the authors of the work or other subject- matter.
Amendment 235 #
2016/0280(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Technological developments have given rise to information society services enabling their users to upload content and make it available in diverse forms and for various purposes, including to illustrate an idea, criticism, parody or pastiche. Such content may include short extracts of pre-existing protected works or other subject-matter that these users might have altered, combined or otherwise transformed.
Amendment 238 #
2016/0280(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) Despite some overlapping with existing exceptions or limitations, any content that is uploaded or made available by a user that reasonably includes extracts of protected works or other subject-matter is not covered by Article 5 of Directive 2001/29/EC. A situation of this type creates legal uncertainty for both users and rightholders. It is therefore necessary to provide a new specific exception to permit the legitimate uses of extracts of pre-existing protected works or other subject-matter within content that is uploaded or made available by users.
Amendment 239 #
2016/0280(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) Information society service providers cannot claim to be covered by the exception provided for in this directive, for the use of quotations or extracts from protected works or other subject-matter in content that is uploaded or made available by users, to relieve them of their responsibility or reduce the scope of their obligations according to the provisions of Article 13 of this directive.
Amendment 255 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licencesto be used for out-of- commerce works to extend to the rights of rightholders that are not represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation. This directive should not anticipate any specific solutions developed in Member States to handle the mass digitisation of out-of-commerce works.
Amendment 261 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities andinstallations and thus performing an act of communication to the public and/or making available to the public, as well as an act of reproduction, they are obliged to conclude licensing agreements with rightholders who so request, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . In the interests of ensuring legal certainty for users of services, these agreements should cover the liability of the latter when they are not acting professionally for acts falling under Articles 2 and 3 of Directive 2001/29/EC that they perform. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 274 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of this Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-mattercontent provided by the service or promoting themat content, irrespective of the nature of the means used therefor.
Amendment 278 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECno request for a licensing agreement is addressed to the information society service providers who play an active role or when the information society service providers which are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC store and offer to the public a significant quantity of works or other subject-matter uploaded by their users.
Amendment 284 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publicationress agencies and publishers are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publicationThis is largely due to the fact that some news aggregators use press agencies' and publishers' content without purchasing a licence and without making suitable payment for the work provided. News aggregators are responsible for the content that they make publicly available. In the absence of recognition of press agencies and publishers as rightholders, licensing and enforcement in the digital environment isare often complex and inefficient.
Amendment 292 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 297 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
Amendment 299 #
2016/0280(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39b) It should be recalled that, both in general and in the light of the references to Article 3 of Directive 2001/29/EC made in this directive, a work and/or other subject-matter is communicated to the public and/or made available to the public when a natural or legal person affords access to it to persons outside their normal family circle or most immediate associates. For this purpose it makes no difference that the latter can gain access to the works and/or other subject-matter at the same place or in different places and at the same time or at different times.
Amendment 300 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of press agencies and publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital and analogue uses.
Amendment 318 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking whichen such acts do not constitute communication to the public.
Amendment 320 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 331 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications and press agencies under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. TheyArticles 2 and 3(2) of Directive 2001/29/EC and Articles 3 and 9 of Directive 2006/115/EC, insofar as the use of press publications is concerned. Short extracts of copyrighted press publications constitute reproduction given their economic value. Their unauthorised use should therefore be prohibited unless they are being used in a private and non- commercial context. These rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection afforded to press agencies and publishers by this Directive should include any content generated automatically by news aggregators.
Amendment 338 #
2016/0280(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) When extracts are re-used by an aggregator, it should be possible for the press agency or publisher to decide for specific reasons to award the aggregator a licence free of charge.
Amendment 347 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The protection granted to publishers of press publications and press agencies under this Directive should not affect the rights of the authors and other rightholders in the works and other subject- matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications and press agencies should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications or press agencies, on the one side, and authors and other rightholders, on the other side.
Amendment 353 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for thenon-commercial purposes of scientific research.
Amendment 354 #
2016/0280(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Press agencies and publishers, including those of press publications, books orand scientific publications, often operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography. In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or press agency or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers and press agencies are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.
Amendment 358 #
2016/0280(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) The obligation to acquire licences should also apply to news aggregators.
Amendment 370 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
Amendment 373 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter, or of extracts thereof, with the exception of content intended chiefly for the educational market and the market in musical scores, for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 375 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) It should be clearly noted that the mechanism providing exemption from liability does not apply to services that play an active role in uploading copyrighted works or subject-matter. Accordingly, UUC services undertaking acts of communication to the public through their essential intervention in the act of communication to the public initiated by uploaders are not covered by Directive 2000/31/EC where copyright is concerned, and are therefore subject to the provisions of Directive 2001/29/EC in the same way as providers of online content services.
Amendment 376 #
2016/0280(COD)
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 379 #
2016/0280(COD)
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37 c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 384 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 reproduction as well as an act of communication to the public, including the act of making content available, the process of which began with the uploading by their users of the copyrighted works and subject-matter, they are obliged to conclude licensing agreements with rightholders who so request, covering rights of reproduction and communication to the public, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34. In respect of the liability exemption provided for in Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising copyrighted uploaded content for the purpose of selection, categorisation or aggregation, or by promoting or recommending them, irrespective of the means used to that end. Where a service provider plays an active role it cannot be exempt from liability as provided for in Article 14 of Directive 2000/31/EC. Unless they are acting in a professional capacity, the liability of service users for copyrighted acts is covered by the licensing contracts concluded by the rightholders with the service providers. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 396 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Member States may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject- matter, to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market.
Amendment 432 #
2016/0280(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to ensure the correct functioning of any licensing agreement, or to prevent unauthorised access to copyright protected works or other subject-matter uploaded by the users, information society service providers storing and disseminating this content and providing public access to it must take appropriate and proportionate measures to ensure the protection of these copyrighted works and other subject- matter, for example by implementing effective technologies.
Amendment 433 #
2016/0280(COD)
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38 b) This obligation is also incumbent upon those information society service providers that can claim the liability exemption provided for in Article 14 of Directive 2000/31/EC when they store or provide public access to a significant amount of copyrighted works and other subject-matter uploaded by their users. A service provider not taking appropriate action or not responding effectively to requests made by rightholders to enter into licensing agreements will not be able to claim the protection provided by Article 14 (1) of Directive 2000/31/EC.
Amendment 435 #
2016/0280(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Use of out-of-commerce works by cultural heritage institutions
Amendment 439 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders shouldmust provide the necessary data to allow the services to identify their content and the services shouldmust be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. In cases when the measures and technologies established on the basis of this Directive affect the uploading of content that is covered by an exception or authorisation, service suppliers must be required to set up complaint and redress mechanisms for the benefit of the users whose content has been affected by these measures. Such mechanisms must maintain a balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures, and the need to ensure that complaint and redress mechanisms do not unreasonably prejudice the effectiveness of the measures. To achieve this aim, the complaint and redress mechanisms must allow rightholders to receive adequate information to assess complaints and respond to them. The complaint and redress mechanisms must also allow a suitable period of time for rightholders to respond to complaints.
Amendment 440 #
2016/0280(COD)
1. Member States shall provide that when a collective management organisa, in agreement with rightholders, users and cultural heritage institutions, on behalf of its members, concludes a non-exclusive licence for non-commercial purposes with a cultural heritage institutiona legal mechanism whereby non-exclusive licences may be granted for the digitisation, distribution, communication to the public or making available of out-of- commerce works or other subject-matter permanently in the collections of the institution, such a non-exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisationsuch institutions, provided that:
Amendment 444 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 450 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. This legal mechanism may take the form of an extended collective licence or a presumption when a collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of protected works or other subject-matter and of the rights which are the subject of the licence;
Amendment 454 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The technical measures established should make it possible, at the request of and in association with the rightholders, to recognise given target content. Their aim is not to impose a general obligation to check and run data searches on the content, and do not require the use of the personal data of the end user. These measures are therefore fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
Amendment 455 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A work or other subject-matter shall be deemed to be out of commerce when the whole work or other subject-matter, in all its translations, versions and manifestations, is not available to the public through customary channels of commerce and cannot be reasonably expected to become so.
Amendment 456 #
2016/0280(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) Member States should ensure that an intermediate mechanism exists enabling service providers and rightholders to find an amicable solution to any dispute arising from the terms of their cooperation agreements. To that end, Member States should appoint an impartial body with all the relevant competence and experience to assist the parties in the resolution of their dispute.
Amendment 457 #
2016/0280(COD)
Proposal for a directive
Recital 39 c (new)
Recital 39 c (new)
(3 c) It should be recalled that, both in general and in the light of the references to Article 3 of Directive 2001/29/EC made in this directive, a copyrighted work and/or other subject-matter is communicated to the public and/or made available to the public when a natural or legal person affords access to it to persons outside their close and personal circle, defined as being their family or most immediate associates. For this purpose it makes no difference whether the latter can gain access to the copyrighted works and/or other subject-matter at the same place or in different places, and at the same time or at different times.
Amendment 459 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The obligation to provide information must be transmitted with the rights and must therefore accompany the work however it is used and irrespective of who is using it or the location.
Amendment 466 #
2016/0280(COD)
Proposal for a directive
Article 7 – paragraph 4 – introductory part
Article 7 – paragraph 4 – introductory part
4. Member States shall ensure that the licences referred to in paragraph 1 are sought from a collective management organisation that is representative forin the Member State where:
Amendment 466 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirementwill ensure that the representative organisations of all relevant stakeholders determine sector-specific requirements and establish standardised procedures and formats for presenting the information in each sector, promoting automated processing making use of digital technologies and international identifiers of works. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU.
Amendment 476 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should by could institute a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assIt is essment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectorsial that the contractual position of authors and performers be strengthened so that they can enjoy fair, non-assignable remuneration and so as to avoid power imbalances between the parties. Such a provision would apply only to the parties directly linked contractually. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority or to terminate his or her contract.
Amendment 514 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works andor other subject-matter uploaded by their users
Amendment 516 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofprotected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their protected conclude fair and balanced agreements with all rightholders governing such content at the request of those rightholders, unless they are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC. Under the terms of the agreements with rightholders, these service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject- matter. These agreements should cover the liability of users of information society service providers when these users are not acting professionally for acts falling under Articles 2 and 3 of Directive 2001/31/EC that they perform. When information society service providers (i) play an active part but are not required to conclude a licence agreement by the holders of rights to works or other subject- matter or to prevent the availability on their services ofstored by them and to which they provide public access, or (ii) are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC, but store and provide to the public access to a large number of protected works or other subject-matter, these service providers shall take measures to prevent protected works or other subject-matter identified by rightholders through thein cooperation with the service providers from being made available by their services. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this article.
Amendment 526 #
2016/0280(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a (5) ‘lawful access’ means access to content obtained in accordance with the applicable legislation;
Amendment 527 #
2016/0280(COD)
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Article 2b (6) ‘automated image referencing service’ means any online service which reproduces or makes available to the public for indexing and referencing purposes graphic or art works or photographic works collected by automated means via a third-party online service;
Amendment 528 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. Any complaint filed under the mechanism shall be processed by the relevant rightholder within a reasonable period of time. The rightholder shall give evidence for the rights being upheld.
Amendment 532 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. In cooperation with the Member States, the Commission shall encourage the exchange of best practices across the Union regarding the results of any cooperation established pursuant to implementation of paragraph 1 of this Article.
Amendment 535 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out, with the rightholders’ consent, text and data mining of works or other subject- matter to which they have lawful access for thenon-commercial purposes of scientific research.
Amendment 563 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Copies of content accessible for text and data mining (TDM) must be kept in a secure way. They may not be stored or preserved in any form beyond the end of the TDM project. Any copy preserved or stored for more than six months after the end of the project shall be considered an unlawful copy.
Amendment 566 #
2016/0280(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Fair remuneration Member States shall ensure that authors and performers receive fair remuneration for each mode of exploitation of their protected works and other subject-matter. There must be separate remuneration for each application of the right of communication to the public within the meaning of Directive 2001/29 and for each act of reproduction of the content of authors and performers.
Amendment 574 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter or extract thereof, except for contents that are primarily intended to the educational and musical scores markets, for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 575 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 588 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff, and lasts for the time required to illustrate the lesson;
Amendment 598 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) is confined to short extracts of written, printed or digital work, to works of which few copies were published or to individual articles from newspapers or periodicals which cannot be accessed individually and separately by those entitled to access them, and is accompanied by the indication of the source, including the author's name, unless this turns out to be impossible.
Amendment 601 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
The exception provided for paragraph 1 must allow the lesson to accessed by digital means both in the country in which the establishment providing it is situated and in that where the student is located;
Amendment 620 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments.
Amendment 640 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1. Article 5 Preservation of cultural heritage Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, designated as such by their Member States to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, on condition that it is not feasible to acquire copies of them, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Amendment 648 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Works permanently in a collection are those works which are the property of the cultural heritage institution, and not works held under licence and accessible via a third-party server.
Amendment 653 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Automated image-referencing services may also fall within the scope of this exception for the purpose of the preservation of such works or subject- matter and to the extent necessary for such preservation.
Amendment 658 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Use of extracts from pre-existing works and other subject-matter in content uploaded or made available by users (1) Member States shall provide for an exception to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, point (a) of Article 5 and Article 7(1) of Directive 96/9/EC, and point (a) of Article 4(1) of Directive 2009/24/EC in order to allow for the use of extracts from pre- existing works and other subject-matter in content uploaded or made available by users, other than in the course of their work, for purposes such as criticism, review, illustration, caricature, parody or pastiche, provided that the extracts: (a) relate to works or other subject-matter that have been lawfully made available to the public; (b) are accompanied by the indication of the source, including the author’s name, unless this turns out to be impossible; and (c) are used in accordance with fair practice and in a manner that does not extend beyond the specific purpose for which they are being used. (2) Any contractual provision contrary to the exception provided for in this Article shall be unenforceable. (3) This exception shall be without prejudice to the provisions of Article 13 of this Directive.
Amendment 672 #
2016/0280(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Accessing content covered by an exception provided for in this Directive shall not confer on users any entitlement to use it pursuant to another exception. 2. Article 5(5) and the first, third, fourth and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to the exceptions and the limitation provided for under this Title.
Amendment 723 #
2016/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of rights, they may rely on the assistance of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reach agreements. This paragraph shall not apply to the licensing of copyrighted works and subject matter by the organisations referred to in Articles 3(a) et 2(3) of Directive 2014/26/EC.
Amendment 729 #
2016/0280(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Member States shall require producers and the transferees of the rights to make every effort to ensure continuous exploitation of European audiovisual works, for example by making such works available to the public on video-on- demand platforms. Member States shall take appropriate measures to ensure compliance with the provisions of paragraph 1, for example by encouraging the conclusion of professional agreements between organisations representing authors, on the one hand, and producers and other stakeholders, on the other, as well as video-on-demand platforms, so as to ensure the continuous exploitation of audiovisual works.
Amendment 730 #
2016/0280(COD)
Proposal for a directive
Article 10 b (new)
Article 10 b (new)
Article 10b These provisions shall be without prejudice to the application of the rules relating to media chronology, the freedom of a producer or distributor to accord exclusive rights to the exploitation of the audiovisual works in question and the freedom of a broadcaster or on-demand video platform to acquire and distribute or make available on demand the works of its choice, in line with its editorial freedom and responsibility.
Amendment 737 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 753 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications and press agencies with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 775 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1News aggregators shall use press agencies' and publishers' content and shall be responsible for the content that they make publicly available.
Amendment 776 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Publishers and news agencies must also be safeguarded, by licensing arrangements for example, when it comes to the mass exploitation of their content, particularly with regard to content aggregators or rightholders.
Amendment 794 #
2016/0280(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Member States may provide for an exception or limitation to the rights referred to in Articles 2 and 3 of Directive 2001/29/EC so that works can be made available to the public by means of automated image referencing, provided that rightholders are compensated fairly.
Amendment 805 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and otheworks or subject-matter uploaded by their users
Amendment 808 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. IWhere information society service providers that store and provide to the public access to large amounts ofoffer or make accessible to the public copyrighted works or subject- matter made available by their users, they shall conclude with rightholders so requesting licensing agreements for rights of reproduction and communication with public, unless they are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC . Under the terms of the licensing agreements, these service providers shall, in cooperation with rightholders, take measures to ensure the proper functioning of agreements licensing the use of their works or other subject-matter. An information society service provider who fails to put in place technical measures quickly and efficiently to respond to requests from rightholders under this Article shall not benefit from the protection provided for in Article 14 (1) of Directive 2000/31/EC. Unless they are acting in a professional capacity, the liability of service users for copyright acts is covered by the licensing contracts concluded with the service providers. Information society service providers playing an active part but not required by rightholders to conclude a licensing agreement for works or other subject- matter uploaded by their usersstored by them and to which they provide public access shall, in cooperation with rightholders, take measures to prevent the availability on their services of works or other subject-matter identified by rightholders in cooperation with the service providers. Information society service providers eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC that nevertheless store and make available to the public a significant quantity of copyrighted works or other subject-matter shall, in cooperation with rightholders, take measures to ensure the proper functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. Rightholders, for their part, shall provide information society service providers with the necessary details to ensure the proper functioning of measures taken by the service providers.
Amendment 840 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. 2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1, for example regarding content uploaded by users and withdrawn by service providers for no valid reason. The rightholders concerned must deal with the complaint within a reasonable period and provide adequate justification for the rights claimed by them.
Amendment 849 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Regarding disputes over the application of the measures referred to in paragraph 1, for example as regards the application of a possible exception or authorisation for use for the content concerned, such mechanisms may not unduly detract from the effectiveness of the measures referred to in paragraph 1.
Amendment 860 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. The Commission shall encourage the exchange of best practices across the European Union.
Amendment 873 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Member States shall provide that disputes between successors in title and information society services regarding the application of Article 13(1) may be subject to an alternative dispute resolution system. Member States shall establish or designate an impartial body with the necessary expertise, with the aim of helping the parties to settle their disputes under this system. The Member States shall inform the Commission of the establishment of this body no later than (date mentioned in Article 21(1)).
Amendment 876 #
2016/0280(COD)
Proposal for a directive
Chapter 4 a (new)
Chapter 4 a (new)
CHAPTER 2a PROTECTION OF AUDIOVISUAL AUTHORS FOR THE MAKING AVAILABLE OF THEIR WORKS Article -14 1. Member States shall provide that when an audiovisual author or performer has transferred his/her making available to the public right to a producer, that author or performer shall retain the right to obtain equitable remuneration that is proportionate to the revenues generated by the exploitation of the work, provided that these measures are not included in the initial contract. 2. That right to equitable and proportional remuneration shall be non-transferable and may not be waived.
Amendment 933 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low or unexpected compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances, provided that these measures are not included in the initial contract. Member States may provide that this right expires if it is not exercised within a reasonable period from the act of exploitation in question.
Amendment 992 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Directive 2001/29/EC
Article 12 – paragraph 4 – point g a (new)
Article 12 – paragraph 4 – point g a (new)
2a. In Article 12(4) the following point is added: "(ga) to add publishers and press agencies to the list of beneficiaries of related rights listed in Article 2 of Directive 2001/29/EC as regards the reproduction right."
Amendment 68 #
2016/0070(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) With a view to enforcing the provisions of this Directive and thereby guaranteeing effective protection of workers, coordination between the Member State labour inspectorates and EU cooperation on combating posting- related fraud should be stepped up.
Amendment 80 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikeshas struck the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers without affecting free business competition.
Amendment 82 #
2016/0070(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Part of the problems arising from the implementation of Directives 96/71/EC and 2017/67/EU stem from overt abuse or illegal cross-border activity. The posting of workers through ‘mailbox companies’ or bogus temporary postings are evidence of this. Protectionist demands by certain Member States cannot met by restricting freedom to provide services but by stepping controls on the cross-border movement of workers to prevent fraudulent practices in this connection.
Amendment 86 #
2016/0070(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) By Decision (EU) 2016/344, the Union established a European Platform to enhance cooperation in tackling undeclared work, including cross-border aspects; both this decision and Parliament's resolution of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe should lead the Commission to consider the possibility of creating a European Labour Inspectorate consisting of a body of European inspectors specialized in cross-border mobility to provide technical support for national inspectors in the implementation of European legislation on the movement of workers.
Amendment 91 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. In any case, there is no reason for proper use of the posting of workers to involve any infringement of this principle.
Amendment 153 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport marketwhich should be clarified through sector-specific legislation.
Amendment 192 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. The European Union must exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 456 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision or collective agreement, to sub-contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration, , the Member State may, on a non–discriminatory and proportionate basis, provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory. The European Union shall exercise strict oversight to forestall any disproportionate use of these restrictions by certain Member States.
Amendment 504 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
(2a) Article 4(2) is amended as follows: Member States shall make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring the terms and conditions of employment referred to in Article 3. Such cooperation shall in particular consist in replying to reasoned requests from those authorities for information on the transnational hiring- out of workers, including manifest abuses or possible cases of unlawful transnational activities. That cooperation may be carried out through the European Platform created to enhance cooperation in tackling undeclared work, since cross- border aspects form part of its remit.
Amendment 506 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 507 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/CE
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
(2a) In Article 4(2), the following new subparagraph 2a is added: Where the liaison office or competent national authority in the country from which the worker is posted is unable to provide the information sought by the labour administration in the host country, the administration in the country from which the worker is posted shall seek that information from the administration or body able to provide it.
Amendment 21 #
2015/2354(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the deepening of the European internal market remains a key economic issue, especially in the context of the development of new technologies, where a market with critical mass is needed to promote the emergence of innovative and competitive players on the global scene;
Amendment 62 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy is complementary to efforts made in other areas; believes that, by building on the initiatives already being taken, the strategy has good potential to help ensure economic prosperity, improve the wellbeing of Europeans by practical measures and make Europe attractive for investments and more resistant to global competition;
Amendment 121 #
2015/2354(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 167 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 175 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economy, and its intention to look at that economy in order to assess what needs to be done to accompany its growth and its major contribution to the economic system; stresses the need to clarify the regulatory uncertainty surrounding the application of the rules in this sector, both as regards consumer rights, health and safety standards and competition, taxation, social security and employment;
Amendment 200 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress in the single market; believes that timely action needs to be taken to develop high EU standards for quality, interoperability and safety in furtherance of EU industrial policy, and that those standards should also be promoted at international level; calls on the Commission to support and reinforce European standards, including by exploiting the opportunities offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP);
Amendment 227 #
2015/2354(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for measures to facilitate access to the patent system in Europe for all micro-enterprises and SMEs that wish to use the European patent with unitary effect in innovating their products and processes, including by cutting fees and providing translation assistance;
Amendment 237 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present a proposallegislative proposal for the establishment of a single European system for the protection of geographical indications for non-agricultural products in the EU;
Amendment 357 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that unjustified discrimination against consumers and entrepreneurs on the basis of nationality or place of residence that is not based on any objective and verifiable criteria, in both online and offline environments, is not acceptable within the single market;
Amendment 371 #
2015/2354(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to submit, as a matter of priority, a legislative proposal to address geo-blocking and other unjustified forms of discrimination by market operators; calls on the Commission to lay down effective criteria for assessing the unjustified character of geo-blocking;
Amendment 25 #
2015/2323(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for further measures raise consumers’ awareness of their rights in respect of changing suppliers and contracts and to make switching between providers easier and faster, including a shortened switching period, the abolition of transfer fees and penalties and effective data portability, in order to prevent the lock-in of consumers;
Amendment 52 #
2015/2323(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to take further action to improve the frequency of energy bills and their clarity and transparency as regards types of energy sources, consumption and price structure; calls for EU guidelines on price comparison tools, e.g. on transparency and reliability, and for access for all consumers to at least one price comparison tooleasily accessible and understandable price comparison tool covering suppliers, contract types, prices and types and proportions of energy sources used for energy services;
Amendment 58 #
2015/2323(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges authorities combating unfair trade practices and those processing complaints in the energy sector to cooperate more closely with their counterparts in other Member States in ensuring respect for consumer rights; welcomes the Commission’s intention to consider incorporating laws specifically concerning energy into the Annex to the Regulation on Consumer Protection Cooperation;
Amendment 4 #
2015/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU faces diverse challenges, at both global and domestic levelthe level of both its internal market and its economy, such as sluggishweak growth, high levels of unemployment and intense international competition;
Amendment 19 #
2015/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a robust, efficient and inclusive Single Market, with enhanced governance, is a crucial instrument to boostimprove growth, employment, investment and competitiveness and thuso preserve the confidence of the business sector and consumers;
Amendment 35 #
2015/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the Single Market (SM) is the backbone of Member States’ economies; highlights the economic benefits of the SM, such as product and market integration, economies of scale, stronger competition, and a level playing field for 500 million citizens across the 28 Member States, providing greater choice and, in particular, greater choice of high-quality products and services at lower prices for consumers;
Amendment 79 #
2015/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the importance of an all inclusive, transparent and non- discriminatory approach towards all EU Member States – Eurozone and non- Eurozone –process leading to relevant and necessary reforms through the European Semester;
Amendment 80 #
2015/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that pressing economic and social issues continue to hampere need to carry out appropriate and fair economic and social reforms, in order to improve productivity and the competitiveness of the European economy;
Amendment 100 #
2015/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the public sector and public procurement are critical drivers of both Member State andRecalls the role that public procurement can play for business, growth, job creation and competitiveness (representing more than 19 % of EU GDP expenditure) and job creation;
Amendment 124 #
2015/2256(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that bettere importance of fostering the conditions necessary for the emergence of start-ups and, SMEs could result in more active innovation and job creationand innovative companies capable of generating sustainable growth and creating jobs; recalls, however, that remaining red tape barriers impede prospects for SME growth domestically and internationally;
Amendment 129 #
2015/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that the intensity of tangible and intangible capital accumulation in the EU has been lower post-financial crisis when compared to competitors; believes that revitalising investment is of the utmost importance in order to restore productivity and long-term growth in the EU; emphasises that the lag in public spending is especially pronounced in the area of information and communication technologies (ICT); demands that investment be focused on financing the real economy and that sustained measures continue to be taken to achieve that goal;
Amendment 132 #
2015/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for an immediate abolition of unjustified territorial restrictions known as geo-blocking and for full implementation of Article 20 of the Services Directive, thus ending unjustified price discrimination;
Amendment 137 #
2015/2256(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that the notion of the modern economy is rapidly changing owing to digital and technological advances, more intense international competition and changes in consumerthe behavioural patterns of economic agents and consumers;
Amendment 158 #
2015/2256(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that the EU, with its sizeable SM and strong tradition in manufacturing state-of-the-art products, could be the perfect breeding ground for innovative companies, but that this would require a modern industrial policy and better integrated infrastructure which puts technology adoption and an innovation- friendly ecosystem at the forefront; calls for any future digital framework proposed to be user-friendly and workableinclusive and accessible, guaranteeing all consumers a high level of protection;
Amendment 163 #
2015/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to take a strategic approach to enforcement and use all available evidencedata and instruments at its disposal, including rigorous notification of Member State legislation (ex-ante and ex- post), the ‘single market test’, proportionality, benchmarking, best practices, peer pressure, alternative arbitration systems, existing Court of Justice of the European Union rulings and infringement procedures;
Amendment 179 #
2015/2256(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Urges national market surveillance authorities to cooperate more closely and to exchange information and best practices to effectively tackle the high number of illegal and non-compliant products incurring high costs for complying businesses, as well as high risk for consumers, particularly the most vulnerable; calls for the immediate adoption of the Product Safety and Market Surveillance Package by the Council of the European Union;
Amendment 6 #
2015/2147(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the UN Convention on the Rights of Persons with Disabilities (UN CRPD), ratified by the EU on 23 December 2010 (2010/48/EC),
Amendment 41 #
2015/2147(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the use of the internet and mobile communications has changed the way users communicate, invent, consume and share; whereas this has not only expanded the market place, facilitating access by small companies to a customer base of 500 million customers and the development by entrepreneurs of, but also changed the market , promoting the development by entrepreneurs of new industrial models, new actors and new ideas;
Amendment 77 #
2015/2147(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislation in the area of the Digital Single Market should allow new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers the digital skills gap which will need to be filled quickly and their social dimension as they inevitably involve structural changes;
Amendment 112 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Europe must become one of the leaders of the fourth industrial revolution; whereas, in this respect, the emergence of major European champions in the digital field, the transition to the digital economy of European companies, particularly small and medium-sized enterprises, and entrepreneurship must be supported, and whereas an ambitious and tailored long-term investment policy, particularly as regards intangible infrastructure, should be implemented;
Amendment 118 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails choice, quality, flexibility, information and trust in a secure online environment;
Amendment 125 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails choice, flexibility, information and trust in a secure and accessible online environment;
Amendment 167 #
2015/2147(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; believes that the horizontal approach taken needs to be strengthened in its implementation as the digital sector affects every dimension of society and, the economy, culture and administration;
Amendment 227 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models; notes that for users this will depend in particular on a high level of consumer protection, better understanding of consumer rights and how to exercise them and effective remedies being available to them, and for businesses it will depend in particular on smart, strong and up-to-date laws which allow them to do business in a constantly changing environment;
Amendment 257 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, and a long term investment strategy in infrastructure, skills, research and innovation, in particular by making use of the European Fund for Strategic Investments;
Amendment 278 #
2015/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the future Digital Single Market must be inclusive to all EU citizens, and calls the Commission and Member States on strengthening efforts to ensure an appropriate level of accessibility that can enable the participation of disadvantaged groups, including persons with disabilities;
Amendment 303 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned aboutNotes the different national approaches taken to regulating the internet and the sharing economy; and urges the Commission to take actioninitiatives to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation platform while preserving European economic and cultural diversity;
Amendment 420 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence ofbetween online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach;
Amendment 436 #
2015/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CoInsiders that there is a risksts that the Commission’s future proposals entailshould avoid the risk of a growing disparity between the applicable legal standards for offline and online purchases;
Amendment 446 #
2015/2147(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision ofAwaits the Commission’s proposals regarding a legislative measure for a more comprehensive online sales law that covers digital content products as well as tangible goods;
Amendment 453 #
2015/2147(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 465 #
2015/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make this more accessible and consumer switching easier, in order to boost competition in online markets;
Amendment 516 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, efficient and high-quality delivery services which are attractively priced and can be monitored are an essential prerequisite for thriving cross-border e-commerce; Stresses that accessible, affordable, efficient and high- quality delivery services are an essential prerequisite for thriving cross-border e- commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations; and the needs of e-consumers;
Amendment 564 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by endinggoods and services sold online, including by increasing the effectiveness of the provisions of the Directive on Consumer Rights, guaranteeing that delivery costs for goods are in proportion to the real cost of transport, and ending unjustified geo- blocking practices and unfair price discrimination based on geographical location or nationality;
Amendment 602 #
2015/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports in particular the Commission’s planned scrutiny of the practical enforcement of Article 20(2) of the Services Directive in order to analyse possible patterns of discrimination against consumers based on their nationality or country of residence; calls on the Commission to identify and definestresses the value of better coordination between the contact points designated by the Member States and of reinforcing joint action by the Commission and national authorities in targeted sectors in order better to verify the application of the above-mentioned article; calls on the Commission to identify and clarify concise case groups of justified discrimination under Article 20(2) of the Services Directive in order to outlaw unjustified discriminatory behaviour by private entities and in order to provide interpretative assistance to authorities responsible for applying Article 20(2) in practice; calls on the Commission to make concerted efforts to add the provision of Article 20(2) to the Annex of Regulation (EC) No 2006/2004 in order to utilise the Consumer Protection Cooperation Network’s investigation and enforcement powers;
Amendment 659 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers, including those with special needs; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks;
Amendment 719 #
2015/2147(INI)
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not necessarily lead to more regulatory burdens, but should drive innovation and fair competitionensure fair and non-discriminatory competition between all operators providing the same service;
Amendment 815 #
2015/2147(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, fair rules to be followed by all operators, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 867 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role and responsibility of platforms in the Digital Economy, including methods of combating illegal online content or use of the data collected, as part of the upcoming Internal Market Strategy;
Amendment 890 #
2015/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, wheby assessing where initiatives are appropriate and if necessary, to come forward with proposals to ensure thean adequacyte level of the consumer-related legislation framework protection in the digital sphere, including in cases of possible abuses, and where ex- post remedies, and not ex-ante regulation, are sufficient or more effective;
Amendment 938 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines the need for the measures foreseen in General Data Protection Regulation to be fully implement1 a and to ensure consumers and clients are notified of cyber-breaches without delay and what, if any, personal or professional data has been accessed; believes that companies should take appropriate actions to protect against any use of leaked data after a security breach for a set period of time; __________________ 1a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) Art 31 - Notification of a personal data breach to the supervisory authority Art 32 - Communication of a personal data breach to the data subject;
Amendment 3 #
2015/2140(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 23 #
2015/2140(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the overhaul of competition policy is needed partly in order to meet the challenges posed by the digital single market, a sector which is changing rapidly, hence the importance of overcoming the current fragmentation along national lines and doing away with barriers to access to the market, while guaranteeing a high level of consumer protection;
Amendment 33 #
2015/2140(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regards it as essential to guarantee fair terms of competition on the digital market and to combat the abuse of dominant positions; considers it important, in particular, to make the on-line research and advertising market more open and transparent and to improve competitive conditions there, and regards it as vital to guarantee an open and neutral net;
Amendment 50 #
2015/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it essential for the Commission to continue to promote better convergence and cooperation between national competition authorities in the European Union;
Amendment 5 #
2015/2129(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach; insists, for that reason, that measures such as awareness raising, preventive campaigns, training and education are just as essential in the fight against these crimes as assistance to victims, including the parents and guardians of the victim, investigation of crimes and prosecution of offenders;
Amendment 10 #
2015/2129(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission and on the Member States to prioritize the prevention of child sexual abuse and sexual exploitation and to strengthen their cooperation with educational and training institutions, sexual abuse helpdesks, international and non-governmental organizations, civil society organizations and private industries in order to establish effective and innovative prevention policies, including developing teaching and trading materials concerning this matter;
Amendment 15 #
2015/2129(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages all Member States who still have not fully implemented Article 23 of the Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography to adopt preventive measures concerning the regularsystematic training of officials likely to come into contact with children, as for instance aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or exploitation;
Amendment 29 #
2015/2129(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; encourages therefore Member States to consider incorporating sexual abuse prevention in their educational curriculum, as for instance teaching children, from very early age, to be aware of online safety, spotting the signs of inappropriate behaviour, and how to report it;
Amendment 34 #
2015/2129(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that given the rapidly changing nature of cybercrime and the pace at which technology evolves, there is a need for constantly adaptive approach to research and development of mechanisms and advanced techniques, including software development, which allow the early detection, blocking and removal of illegal content such as child sexual abuse content online; calls therefore on the Member States to strengthen their actions and constantly adapt their child sexual abuse prevention plans and policies to combat online child sexual abuse and sexual exploitation of children and child pornography and calls on the Commission to support their efforts;
Amendment 64 #
2015/2129(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that regularly collecting data and distributing factual information about the current levels and methods of sexual abuse and sexual exploitation of children as well as providing children, parents and individuals working with children with the appropriate knowledge and tools is essential to reduce and prevent this threat;
Amendment 90 #
2015/2129(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of the Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography - to block access to websites containing or disseminating child pornography;
Amendment 94 #
2015/2129(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes with concern the results of the Internet Watch Foundation´s (IWF) annual report, released at the beginning of April 2017, according to which internet domains based in Europe now host 60% of the webpages that feature images of child sexual abuse, accounting 19 percentage point increase from 2015, and that there is sharp increase of sexual abuse URLs is some Member States; calls on the Member States to strengthen their cooperation, exchange of information and share good practises in order to reduce the availability of child sexual abuse online;
Amendment 101 #
2015/2129(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Member States to accelerate, in cooperation with the iconternent iandustry service providers, the notice and take- down procedures. of child sexual abuse and exploitation content, including child pornography; calls on the Commission to facilitate and enhance the exchange of best practices in that field and calls furthermore on the Member States to strengthen their cooperation in order to effectively address this issues;
Amendment 110 #
2015/2129(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Encourages Member States, which have not yet done so, to establish assistance services, including online services, to provide support, information and training on how to recognise the signs of sexual abuse and sexual exploitation and how to respond when they see troubling behaviour that is not yet abusive;
Amendment 42 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Agrees with the Commission on the need to take a holistic yet ambitious approach to public procurementand ambitious approach to public procurement; recalls the urgent need to improve substantially conditions for granting EU undertakings access to public procurement in third countries; welcomes the publication by the Commission of its amended Proposal for a regulation on the access of third- country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries (COM(2016)0034);
Amendment 63 #
2015/2105(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the TiSA and TTIP negotiations, calls for them to be completed swiftly, and; states that the content thereof is more important than keeping to a timetable; underlines the need to ensure greater market access for European service providers;
Amendment 8 #
2015/2065(INI)
Motion for a resolution
Recital B
Recital B
B. having regard to the size and strategic importance of the food supply chain for the European Union; whereas the sector employs over 47 million people in the EU, and whereas the total value of the EU market for products connected with the retail food trade is estimated at EUR 1.05 billion; whereas 99.1% of undertakings in the food and drink sector are SMEs and microenterprises;
Amendment 10 #
2015/2065(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the food trade has an increasingly significant cross-border dimension and is of particular importance for the functioning of the internal market; whereas cross-border trade between the EU Member States accounts for 20% of the EU’s total food and drink production; whereas 70% of all Member States’ food exports are to other Member States;
Amendment 61 #
2015/2065(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas European competition law should permit consumers to benefit from a wide range of quality products at competitive prices, while ensuring that undertakings have an incentive to invest and innovate by giving them a fair chance to promote the advantages of their products without being unduly forced out of the market by UTPs;
Amendment 133 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, thus impairing the quality, variety and innovative character of products supplied to consumers;
Amendment 163 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enoughmay prove insufficient to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms; with that in mind, awaits the results of the Commission’s assessment to see what lessons can be learnt from it;
Amendment 196 #
2015/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and proper enforcement of the relevant legislation, making it possible to protect all economic actors of all sizes operating within the food supply chain, are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 200 #
2015/2065(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that taking advantage of a stronger bargaining position to impose UTPs is a violation of the principle of freedom to contract, as the stronger party has more say in the shape that the business relationship is to take and can unilaterally impose terms that disproportionately serve its own financial interests, and the weaker party often has no option other than to agree to those terms; believes that steps need to be taken to build mutual trust between supply chain partners, on the basis of the principles of freedom to contract, equivalence of benefits and freedom to take advantage of those benefits;
Amendment 210 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that willIntends to carry out an in-depth examination of the Commission’s evaluation of existing national rules seeking to combat and ban UTPs in the food supply chain and learn the necessary lessons, particularly with a view to assessing whether European legislation is an appropriate tool to combat UTPs, enable markets to operate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributors;
Amendment 233 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of nationalRecommends that the Member States establish public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain and ensuring that they have the means to carry out their tasks; takes the view that public agencies of this kind should be empowered to open and conduct investigations on their own initiative andor on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties; also stresses that these national authorities should be encouraged to coordinate among themselves and share relevant information, particularly on good practice, and expertise concerning new types of UTPs;
Amendment 244 #
2015/2065(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes strongly that a single, clear, precise and binding definition of UTPs should be drawn up, so as to allow effective rules to be laid down with a view to combating such practices;
Amendment 251 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, win then drafting of any rules in this area, of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that suchany regulatory efforts in this area should ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies;
Amendment 264 #
2015/2065(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assess the voluntary and self-regulatory schemes put in place to date (particularly as regards the number and proportion of the problem cases between different actors in the food supply chain resolved by this route) and the effectiveness of the regulatory action taken at national and EU level; expects to be notified of the results of this assessment; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfare;
Amendment 273 #
2015/2065(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the report from the Commission to the European Parliament and the Council on unfair business-to- business trading practises in the food supply chain (COM (2016) 32),
Amendment 288 #
2015/2065(INI)
Motion for a resolution
Recital A
Recital A
A. whereas unfair trading practices (UTPs) are a problem attested to by all entities in the food supply chain and by many national competition authorities; whereas the Commission's report of 29 January 2016 on unfair business-to-business trading practices in the food supply chain confirms that those practices can occur at every stage of the food supply chain; whereas the Commission and Parliament have repeatedly drawn attention to the problem of UTPs;
Amendment 304 #
2015/2065(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the report by the Commission on unfair business-to- business trading practices in the food supply chain, as well as the long-expected accompanying study on the monitoring of the implementation of principles of good practices in vertical relationship in the food supply chain;
Amendment 352 #
2015/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges, nonetheless, that voluntary and self-regulatory schemes are not enough to put an end to UTPs once and for all, owing to the lack of effective enforcement mechanisms; require independent and effective enforcement mechanisms, as well as appropriate and impartial governance structures, in order to put an end to UTPs once and for all;
Amendment 354 #
2015/2065(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to follow-up its recommendations from its report of 29 January 2016 on unfair business-to- business trading practices in the food supply chain, to increase the credibility and effectiveness of the Supply Chain Initiative (SCI) by requiring the relevant stakeholders to: a. improve awareness of the SCI, especially among SMEs, b. ensure the impartiality of the SCI's governance structure, c. allow alleged victims of UTPs to complain confidentially, and d. grant investigatory and sanctioning power to independent bodies;
Amendment 369 #
2015/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. UrgeSupports the Commission to submit specific proposals for EU legislation banning UTPs in the food supply chain that will enable markets to oper's efforts in assessing the effectiveness and credibility of available mechanisms for the enforcement of rules against UTPs in Member States; agrees with the Commission thate as they should and fair and transparent relations to be maintained between food producers, suppliers and distributort this stage, there is no added value of a specific harmonized regulatory approach at EU level, given the fact that the large majority of Member States have introduced regulatory measures and public enforcement mechanisms;
Amendment 388 #
2015/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for due account to be taken, when drafting rules in this area,Notes that, in adopting measures to counter unfair trading practices within the food supply chain, due account must be taken of the specific features of each market and the legal requirements obtaining on it, the different situations and approaches in individual Member States, the degree of consolidation or fragmentation of individual markets, and other significant factors; takes the view that such regulatory efforts shouldit is necessary to ensure that there is relatively broad discretion to tailor the measures to be taken to the specific features of each market and should be based on the general principle of improving enforcement by involving the relevant public agencies and/or competent national bodies and platforms;
Amendment 391 #
2015/2065(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to assesscontinue to assess closely the effectiveness of the voluntary and self-regulatory schemes put in place to date and the effectivenessand of the regulatory action taken at national and EU level; calls for an assessment of the likely impact of the various types of EU regulatory action that have been proposed, with due account being taken of all the possible implications for the various stakeholders and for consumer welfarelevel to combat unfair trading practices; expects the results of the review to be communicated before 2019, focusing in particular on the creation of national platforms and follow-up to the recommendations made in the report of 29 January 2016 (COM (2016) 32) by the various stakeholders, particularly the SCIs;
Amendment 5 #
2015/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the lack of a unitary system for the protection of geographical indications relating to non-agricultural products creates an inadequate and highly fragmented situation in Europe, arising from the fact that some Member States offer no specific protection and others have different national and local, sectoral or transversal rules, which have distorting effects, which hamper the harmonious development of the common market, as well as homogeneous protection and effective competition on equal terms, which prevent consumers from receiving accurate, truthful and comparable information and which are an obstacle to consumer protection;
Amendment 29 #
2015/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is strongly convinced that extending protection of geographical indications to non-agricultural products could have many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric, as well as positive effects on trade relations which the EU maintains or is negotiating with third countries;
Amendment 37 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin, origin and production conditions and ensuring traceability;
Amendment 48 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 2
Paragraph 6 – indent 2
- help effectively to combat counterfeiting, fraudulent use of the name of a geographical origin and other unfair practices which mislead the final consumer and cause harm, most of all, to micro and medium-sized enterprises whichenterprises and SMEs which legitimately produce the vast majority of the products that could potentially receive protection and which currently do not have the legal or financial means to defend their interests;
Amendment 57 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 4
Paragraph 6 – indent 4
- promote the development of new, skilled employment with links to local areas, with particular reference to rural areas, depressed areas and to the poorest regions, imparting a fresh impetus to vocational and craft training closely connected to the development of localities and production areas;
Amendment 58 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 4
Paragraph 6 – indent 4
- promote the maintenance of infrastructure and the development of new, skilled employment with links to local areas, with particular reference to depressed areas and to the poorest regions, imparting a fresh impetus to vocational and craft training closely connected to the development of localities and production areas;
Amendment 69 #
2015/2053(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that this new protection scheme is not intended to replace existing instruments, and that the key word should be compatibility of new geographical indications with effective existing rights and systems;
Amendment 72 #
2015/2053(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that this system must be accompanied by the creation of a single European register, that it should be characterised by a cross-cutting approach in order to maximise its economic and social impact, and that it should making it possible to significantly enhance the existing link between products and their area of origin, in order tomprove transparency, increase the credibility and authenticity of a product and guarantee its origin and traceability;
Amendment 81 #
2015/2053(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Proposes that producer groups, their associations, chambers of commerce and local authorities should be authorised to apply for registration of a GI for non- agricultural products;
Amendment 28 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present. Access to online content services should therefore be made easier for subscribers temporarily present in a Member State of the Union other than their Member State of residence. The concept of ‘temporary presence’ should be tailored to the objective of this Regulation, namely to provide cross-border portability of online content services to subscribers residing temporarily in another EU Member State of the Unionwho return regularly to their Member State of residence.
Amendment 42 #
2015/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 49 #
2015/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers, when the latter are temporarily present in a Member State other than their Member State of residence, full access to their online content services, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services within the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 52 #
2015/0284(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence. These contractual restrictions imposed on service providers require providers to take measures such as disallowing access to their services from IP addresses located outside the territory concerned. Therefore, one of the obstacles to the cross-border portability of online content serviWithout violating the principle of territoriality, this Regulation should meet the demand for portability acces is to be found in the contracts concluded between the online service providers and their subscribers, which in turn reflect the territorial restriction clauses included in contracts concluded between those service providers and right holdersonline content services for any subscriber temporarily present in a Member State other than his or her Member State of residence.
Amendment 54 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border portability of online content services in the Union andconcerning copyright and related rights with a view to bringing about a common approach to the provision of online content services to subscribers temporarily present in a Member State other than their Member State of residence. The concept of cross-border portability should be clearly distinguished from that theof cross- border portability can be ensuredaccess, which does not lie within the scope of this Regulation.
Amendment 143 #
2015/0284(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union,ir Member State of residence can access and use these services when temporarily present in another Member State, can access and use these servisubject to effective prior verification of their Member State of residences.
Amendment 161 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) “Member State of residence” means the Member State where the subscriber is habitually residingand actually residing and to which he or she returns regularly;
Amendment 167 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “Temporarily present in a Member State” means a presence of a subscriber in a Member State other than the Member State of residence on a non-permanent basis;
Amendment 284 #
2015/0275(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The shift to a circular economy should be in keeping with the pillars of sustainable development, and should therefore mirror its social benefits. The social and solidarity-based economy, which is traditionally connected with waste management and helps create jobs for the unemployed and socially marginalised, should be reinforced by the Member States.
Amendment 291 #
2015/0275(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) The role of actors in the social and solidarity-based economy, such as associations and social enterprises, in re- use and preparation for re-use, should be recognised and consolidated. Member States should take the necessary steps to promote the role of the actors in the social and solidarity-based economy in this field including, where relevant, through the appropriate economic instruments, social clauses as a criterion in the award of public contracts and ease of access to waste collection points, or any other economic or regulatory incentive.
Amendment 450 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 2008/98/EC
Article 3 – point 16
Article 3 – point 16
16. "preparing for re-use" means any checking, cleaning or repairing recovery operations, by which waste, products or components of products that have been collected by a recognised preparation for re-use operator or deposit-refund scheme are prepared so that they can become waste are prepared for re-used without any other pre-processing;
Amendment 614 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point - a (new)
Article 1 – paragraph 1 – point 7 – point - a (new)
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
(-a) in paragraph 1, the second subparagraph is replaced by the following: Such measures may include an acceptance of returned products and of the waste that remains after those products have been used, as well as the subsequent management of the waste and financial responsibility for such activities. These measures may include the obligation to provide publicly available – and particularly re-user available – information as to the extent to which the product is re- usable and recyclable. Member States shall take the necessary measures to ensure that re-use operators have access to instruction manuals, spare parts, technical information and any other equipment, tools or software needed to prepare an item for re-use, taking due consideration of intellectual property rights.
Amendment 800 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 a (new)
Article 8a – paragraph 4 a (new)
4a. When a product is covered by an extended producer responsibility scheme, Member States shall ensure that treatment of the ultimate waste generated during re- use and preparation for re-use activities relating to that product is covered by the extended producer responsibility fee.
Amendment 1026 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60% by weight, with a minimum of 2% of municipal waste prepared for re-use;
Amendment 1036 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 65% by weight., with a minimum of 5% of municipal waste prepared for re-use;
Amendment 157 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and, provided that those firearmall the safety conditions have been deactivatedmet.
Amendment 236 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easily erased and to clarCommon Union rules on marking should be introduced which ensure that markings cannot be removed, specify on which components the marking should be affixed, common Union rules on marking should be introduced and state what information should be included in the marking in order to ensure genuine traceability.
Amendment 244 #
2015/0269(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Firearms may be used for far more than 20 years. In order to ensure their traceability, records of them should be kept for an indeterminate period of time until destruction is certified by the competent authorities.
Amendment 266 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of firearms and componentsammunition by means of distance communication, notably internet, to dealers and brokers.
Amendment 294 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States, the Commission should assess the necessary elements of a European system to support such exchange of information contained in the computerised data-filing systems in place in Member States. The Commission's assessment may be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 298 #
2015/0269(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States on authorisations granted and on refusals, 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 respect of adopting an act to enable the Member States to create such aan automated European system ofor exchange ofing information electronically on authorisations granted and on refusals. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 368 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, “deactivated firearms” shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapampossible tof removale, replacement or a modificationy that would permit the firearm to be reactivated in any way, in accordance with Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable1a. _________________ 1a OJ L 333, 19.12.2015, p. 62.
Amendment 432 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or paressential component placed on the market has been irremovably marked and registered in compliance with this Directive.
Amendment 463 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed irremovably to the receiver of the firearm but also to the other essential components of the firearm as defined in Article 1(1b).
Amendment 527 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves or others, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicativevidence of such danger.
Amendment 557 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1, for the acquisition and possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it was granted isthe acquisition or possession was allowed are no longer met.
Amendment 615 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)A, provided that all safety conditions are met.
Amendment 693 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Member States shall make arrangements for the deactivation of firearms and of all essential parts thereof to be verified by a competent authority in order to ensure that the modifications made to a firearm and to all essential parts thereof render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate or record attesting to the deactivation of the firearm orand the apposition of a clearly visible mark to that effect on the firearm.
Amendment 714 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange information on the authorisations grantedelectronically, via an automated European system, on the authorisations granted, and on the refusals to grant authorisations, for the transfers of firearms to another Member State as well as information with regard to authorisations and refusals to grant authorisations as defined in Article 7.
Amendment 737 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a European system for the exchange of information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 18 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that copyright and related rights play an important role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU; stresses that the EU has strong creative potential and rich cultural diversity that must be protected on the internal market and at international level by a clear and precise legal framework;
Amendment 27 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing; stresses the need to raise consumer awareness of the consequences of infringement of copyright and related rights;
Amendment 34 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation across the EU; recalls that this fragmentation is also the result of consumer preferences and market adaptation to them;
Amendment 6 #
2014/2241(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the importance of the tourism sector for the EU and its internal market, and stresses its potential as a driver of socio-economic growth and job creation; urges the EU to develop a more integrated approach to tourism, taking account of tourism when designing all its policies, particularly the digital agenda;
Amendment 14 #
2014/2241(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the EU should be ready to tap the potential of third countries with a large population and an emerging middle class, particularly the BRIC countries, where the number of outbound tourists is rising; points out the need for initiatives aimed at promoting tourism and for more flexibility in tourist visa arrangementincreasing the visibility of European tourism destinations;
Amendment 24 #
2014/2241(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s Digital Tourism Platform and its objectives of boosting the innovation capacity of tourism-related SMEs for the purpose of activating the tourism sector and of generating suggestionproposals for how to adapt and shape policies aimed at further developtourism policy and tools ing the tourism sectordigital age;
Amendment 35 #
2014/2241(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Member States and the Commission to simplify administrative procedures and taxation systems, taking into account specific challenges to SMEs in the tourism sector, to facilitate compliance in light of the rise of the sharing economy, and to ensure that the regulatory framework fosters innovation;
Amendment 42 #
2014/2241(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends the creation of an EU online application containing European travel maps,Urges the Commission to explore the possibility of creating online tools which could help to promote Europe as a tourist destination, and to improve the amount and quality of information available to consumers of tourism services both before and after departure;
Amendment 49 #
2014/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to have a more coordinated approach among Member States in tourism-related policy areas, such as innovation, transport, taxation, service quality and the visa regime, while respecting the principle of subsidiarity; recalls the importance of quality as a major component of consumers’ level of satisfaction, and calls on the sector’s professionals to continue improving the quality of the tourism services offered;
Amendment 70 #
2014/2241(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the development of numerous cooperative practices and of the sharing economy in the tourism sector, and acknowledges the regulatory challenge that this development could represent because of its rapidity, its multiform nature and its variable market impact, as well as in relation to the rights of consumers, particularly vulnerable consumers;
Amendment 77 #
2014/2241(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the providers of tourism services should provide consumers with accurate information andensure that the information given to consumers regarding such services is accurate and comprehensible, and that consumers are not mislead or misinform them.ed;
Amendment 91 #
2014/2241(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to meet in full its commitments to oversee the effectiveness of consumer rights as regards tourism services in the EU, and recalls the importance of this approach in identifying shortcomings and discerning suggested improvements;
Amendment 34 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observes that in most sectors EU and US standards and regulatory environmentsaccording to the TFUE (Treaty on the functioning of the EU), the EU shall ensure this high level; considers, therefore, that approximating our regulations represents a unique chance to establish high-quality standards and laws for consumers which will be the de facto international standards; stresses that such approximation must preserve the level of protection of existing standards and not preclude adopting future high standards;
Amendment 138 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the setting-up of an ambitious and effective cooperation mechanism aimed at creating common standards where possible in existing procedures, and at establishing a dialogue between regulators on technical procedures to ensure that there is no unintended divergence in future standards in key sectors covered by TTIP; believes that EU- US common standards should be promoted in all international forums;
Amendment 172 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the establishment of a mandatory structural dialogue and cooperation between regulators, in complete respect of regulatory autonomy, in particular in the engineering sector, comprising electrical and mechanical machinery, appliances and equipmentlimited to the sectors covered by TTIP and in complete respect of regulatory autonomy; welcomes an improved regulatory cooperation; stresses that this should involve early warning mechanisms and exchanges at the time of preparation of regulations; believes that regulatory divergences are the central non-tariff barrier (NTB) to trade, and that regulators should explore ways to promote compatibility, such as mutual recognition, harmonisation or alignment of requirements in the engineering sector, comprising electrical and mechanical machinery, appliances and equipment, and that regulators should explore ways to promote compatibility;
Amendment 279 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iii a (new)
Paragraph 1 – point a – point iii a (new)
(iiia) to attempt to make the negotiations lead to a convergence of standards, based on norms of demanding quality and safety, since the European model, with its high quality standards, is not negotiable;
Amendment 300 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) to consider that this agreement will be ‘win-win’ only if the European Union gives itself the means for greater integration, which involves completion of the Single Market and strengthening of its economic, budgetary, fiscal and political governance;
Amendment 495 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensure that account is taken of the discrepancies in the openness of public procurement markets on both sides of the Atlantic and the huge interest on the part of European companies in obtaining access to public contracts in the US both at federal and state level, for example for construction services, traffic infrastructure and goods and services while respecting sustainability criteria for procurement on both sides, inter alia the new EU procurement and concession package entering into force in 2016; to invite the European Union to introduce a ‘European Business Act’, modelled on the ‘American Business Act’ and supporting the economic development of SMEs and European industry;
Amendment 806 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv a (new)
Paragraph 1 – point d – point xv a (new)
(xva) to ensure that the agreement guarantees a high level of protection for European Geographical Indications for consumer products and for food, wines and spirits, enabling the producers’ know- how to be preserved;
Amendment 14 #
2014/2204(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. Whereas the countries worst hit by the current outbreak of Ebola in West Africa were countries with particularly under resourced, under staffed and vulnerable health systems.
Amendment 66 #
2014/2204(INI)
Draft opinion
Recital H a (new)
Recital H a (new)
Ha. Whereas the impact of the Ebola crisis exceeds its mortality rates affecting the prosperity of their whole economies. In 2015 alone according to the World Bank, the impact on GDP of the three most affected countries will be 2 billion dollars, as a direct consequence of the crisis.
Amendment 68 #
2014/2204(INI)
Draft opinion
Recital H b (new)
Recital H b (new)
Hb. Whereas the impact of the death rates in affected countries are further worsened by struggling health systems which are unable to provide basic services like immunisation, childcare and maternal health services.
Amendment 78 #
2014/2204(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Requires the Member States and the Commission to coordinate and strengthen medical research and the production of efficient medicines and vaccines against Ebola, and to advance the necessary clinical trials for existing candidate treatments; with other public and private stakeholders including WHO, against Ebola and other emerging diseases that are otherwise neglected by the commercial sector.
Amendment 82 #
2014/2204(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the European Commission's mobilisation of €24.4 million in 2014 and €114 million in 2015 from Horizon 2020 to fund research projects that combat Ebola through the development of vaccines, rapid diagnostics tests, and clinical trials to test existing and new Ebola compound treatments.
Amendment 84 #
2014/2204(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Salutes that in January 2015 the first trial of a potential drug to treat Ebola started at a Medecins Sans Frontieres centre in Liberia. Vaccines trials, which would normally take decades, are now being fast-tracked in Ebola-affected countries on a timescale of weeks and months.
Amendment 101 #
2014/2204(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises the suspicion that the first human to contract Ebola became infected directly or indirectly through contact with a wild animal carrying the virus, most likely an infected bat. Urges Members States to follow FAO’s recommendations of enforcing strict legal restrictions on the trade, hunting and capture of bush meat, which poses a threat to human health and biodiversity.
Amendment 139 #
2014/2204(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the conclusions of the 10- 11 December 2014 ‘High level meeting on building resilient systems for health in Ebola-affected countries’, in which the governments of the affected countries reiterated their commitment to lead the work on building resilient health systems through national plans that will be used as the basis on which all international actors and partners can define roles and responsibilities.
Amendment 140 #
2014/2204(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the importance of the EU avoiding a ‘one size fits all approach’ when providing crisis assistance in developing countries, in particular paying attention to sub-national health systems by increasing the qualified health workforce, improving capacities for surveillance and increasing the predictability of supplies and coordinated supply chains.
Amendment 160 #
2014/2204(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Requires all actors involved in the response to take a much more flexible approach and allocate resources according to the most pressing needs at any given time and place, taking into account the long term objective to eradicate Ebola and prevent future outbreaks.
Amendment 164 #
2014/2204(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Requests the Commission, once this outbreak is under control, to come forward with a report drawing on the lessons from the West African Ebola outbreak, highlighting potential areas of improvement in future EU’s response to similar health crises.
Amendment 165 #
2014/2204(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Urges all actors involved in the crisis to consider the opportunities that new technologies have to offer in delivering improved speed of response
Amendment 6 #
2014/2158(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that tackling the fragmentation of the digital single market and guaranteeing an open internet and net neutrality are essential to increase consumer confidence and foster competition and boost growth and competitiveness in the digital sector;
Amendment 21 #
2014/2158(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to closefind effective solutions for improving net neutrality, to ensure a level playing field in online search and advertising and to accelerate investigations into potential abuse of dominant positions in these sectors; calls on the Commission to closely and vigorously evaluate the implementation by Google of the binding commitments resulting from the agreement of February 2014; believes abusive dominant positions created by the so-called ‘first mover’ advantages and network effects in the digital sector should be more closely regulated and monitored;
Amendment 5 #
2014/2151(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that IPRs are not just copyrights, but trademarks and patents, among others, and each of these is vital to the values of Europe's goods and services;
Amendment 9 #
2014/2151(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for Commission's actions on IPR enforcement to be adapted to the growth of the Digital Single Market and to address both digital and physical IPR infringement equally; notes that increasingly counterfeit and IPR infringing physical goods are traded and sold via online marketplaces, where Member States authorities have limited abilities to control sales; stresses the need to enrol marketplace platform owners in all efforts to enforce IPRs, including efforts towards the removal of counterfeit goods and the banning of sellers from their sites;
Amendment 21 #
2014/2151(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks Member States’ authorities to ensure that IPR infringing goods, that are a safety risk, are included into RAPEX notifications, regardless if the goods is sold legally or illegally in their Member State;
Amendment 25 #
2014/2151(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission’'s proposed Green Paper on consulting stakeholders on the impact of chargeback and related schemes to tackle commercial scale IP infringements and to assess the need to take more concrete actions in this field; believes that introduction of a EU-wide right to ‘chargeback’ on all unwilling bought counterfeit goods would be a positive benefit for consumers and encourage traders to verify goods before putting them on sale;
Amendment 36 #
2014/2151(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes any potential actions on due diligence throughout the supply chain which leads to fewer IP infringing goods; stresses that such actions must be targeted in nature, without creating additional administrative burdens on the average trader, and flexible as IP infringers move from one product to another to avoid controls;
Amendment 150 #
2014/0108(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Products intended for private use to protect against atmospheric conditions that are not of an extreme nature should include items such as seasonal clothing and umbrellas. Products intended for private use to protect against damp and water should include items such as dishwashing gloves. Products intended for private use to protect against heat, for which the economic operator does not claim a protective function, should include items such as decorative oven gloves.
Amendment 160 #
2014/0108(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) In order to ensure that the review process takes place without placing an unnecessary burden on manufacturers, a simplified procedure should be applied for re-certification of the EU type examination certificate when the product, applied harmonised standards or other technical solutions applied by the manufacturer have not been changed and continue to meet the essential health and safety requirements in the light of the state of the art, making therefore unnecessary additional tests or technical examinations.
Amendment 169 #
2014/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c – point i (new)
Article 2 – paragraph 2 – point c – point i (new)
(i) atmospheric conditions that are not of an extreme nature (including, but not limited to, seasonal clothing and umbrellas);
Amendment 171 #
2014/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c – point ii (new)
Article 2 – paragraph 2 – point c – point ii (new)
(ii) damp and water not of an extreme nature (including, but not limited to, dish- washing gloves);
Amendment 172 #
2014/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c – point iii (new)
Article 2 – paragraph 2 – point c – point iii (new)
(iii) heat (including, but not limited to, gloves) for which the economic operator does not explicitly claim a protective function against extreme heat;
Amendment 177 #
2014/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) in the form of clothing, with reflective or fluorescent garments that do not completely encircle a part of the body (arm, leg, or chest), which are included for reasons of fashion and for which the economic operator does not explicitly claim a protective function against one or more risks to the user's health or safety;
Amendment 179 #
2014/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point c
Article 3 – paragraph 1 – point 1 – point c
(c) connexion systems for equipment referred to in point (a) that are not held or worn by a person, that are intenddesigned to connect that equipment to an external device or structure, that are removable and not intended to be permanently fixed to a structurto a reliable anchorage point, that are not designed to be permanently fixed and that do not require fastening works before use;
Amendment 184 #
2014/0108(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Regulation. Changes in the design or characteristics of the PPE and changes in the harmonised standards or in other technical specifications by reference to which the conformity of the PPE is declared shall be adequately taken into account. and accordingly attest it by the EU declaration of conformity. 4a. Changes in the harmonised standards or in other technical specifications as regards the EHSR and changes in Annexes I or II to this Regulation shall be adequately taken into account by either repeating or updating or integrating the conformity assessment procedures as provided for in Article 18. 4b. Changes in the harmonised standards or in other technical specifications not in relation with the EHSR shall be adequately taken into account by the manufacturers, which may decide to either repeat, update or integrate the conformity assessment procedures as provided for in Article 18. 4c. Changes by the manufacturer in the design or characteristics of the PPE that affect the compliance with EHSR shall be adequately taken into account by either repeating or updating or integrating the conformity assessment procedures as provided for in Article 18. 4d. With regard to PPE of categories II and III, manufacturers that intend to change the design or characteristics of the PPE without impact to the compliance with EHSR shall inform and obtain authorisation from the notified body.
Amendment 191 #
2014/0108(COD)
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. Manufacturers shall ensure that performance as recorded during relevant technical tests to check the levels of classes of protection provided by the PPE is available electronically or upon request.
Amendment 207 #
2014/0108(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. For category III PPE, the CE marking shall be followed by the identification number of the notified body involved in the procedure for ensuring conformity to type based on product verification or the procedure for ensuring conformity to type based on quality assurance of the production process. The identification number of the notified body shall be affixed by the manufacturer or his authorised representative after having received permission and instructions from the notified body to do so.
Amendment 210 #
2014/0108(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity assessment procedure(s) and the kinds of PPE for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 23.
Amendment 211 #
2014/0108(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 212 #
2014/0108(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 214 #
2014/0108(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 218 #
2014/0108(COD)
Proposal for a regulation
Annex I – section 1 – paragraph 1 – point b
Annex I – section 1 – paragraph 1 – point b
(b) contact with water or cleaning materials of weak action or prolonged contact with water;
Amendment 220 #
2014/0108(COD)
Proposal for a regulation
Annex I – section 3 – paragraph 1 – point a
Annex I – section 3 – paragraph 1 – point a
(a) inhalation of harmful substanchealth hazardous substances, chemicals and mixtures;
Amendment 221 #
2014/0108(COD)
Proposal for a regulation
Annex I – section 3 – paragraph 1 – point b
Annex I – section 3 – paragraph 1 – point b
(b) aggressive chemicalharmful biological agents;
Amendment 222 #
2014/0108(COD)
Proposal for a regulation
Annex I – section 3 – paragraph 1 – point l a (new)
Annex I – section 3 – paragraph 1 – point l a (new)
(la) occupational risk of severe impact to the head.
Amendment 224 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 1 – point 1.3 – point 1.3.3 a (new)
Annex II – part 1 – point 1.3 – point 1.3.3 a (new)
1.3.3 a. Protective clothing containing removable protectors Protective clothing containing removable protectors constitute PPE and should be assessed as a combination during conformity assessment procedures.
Amendment 225 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 1 – point 1.4 – introductory part
Annex II – part 1 – point 1.4 – introductory part
1.4. Manufacturer's instructions and information
Amendment 226 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 1 – point 1.4 – paragraph 1 – point b
Annex II – part 1 – point 1.4 – paragraph 1 – point b
Amendment 228 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 2 – point 2.2 – paragraph 1
Annex II – part 2 – point 2.2 – paragraph 1
As far as possible, PPE enclosing the parts of the body to be protected must be sufficiently ventilatdesigned to limit perspiration resulting from use; otherwise, it must be equipped with means of absorbing perspiration must be incorporated.
Amendment 229 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 2 – point 2.9 – paragraph 1
Annex II – part 2 – point 2.9 – paragraph 1
Where PPE incorporates components which can be adjusted or removed by the user for replacement purposes, they must be designed and manufactured so that they can be easily attached, adjusted and removed without tools.
Amendment 232 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 3 – point 3.4 – title
Annex II – part 3 – point 3.4 – title
3.4. Protection in the waterliquids
Amendment 233 #
2014/0108(COD)
Proposal for a regulation
Annex II – part 3 – point 3.4 – point 3.4.2 – paragraph 1
Annex II – part 3 – point 3.4 – point 3.4.2 – paragraph 1
Clothing which will ensure an effective degree of buoyancy, depending on its foreseeable use, which is safe when worn and which affords positive support in waterliquids. In foreseeable conditions of use, this PPE must not restrict the user's freedom of movement but must enable him, in particular, to swim or take action to escape from danger or to rescue other persons.
Amendment 238 #
2014/0108(COD)
Proposal for a regulation
Annex V – section 1 – point 7 – point 7.6 a (new)
Annex V – section 1 – point 7 – point 7.6 a (new)
7.6.a When the product, harmonised standards or other technical solutions applied by the manufacturer have not been changed and continue to meet the essential health and safety requirements, in light of the state of the art standards, a simplified procedure shall be applied for automatic re-certification therefore making additional tests or technical examinations unnecessary.
Amendment 58 #
2014/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is greatly concerned by the persistent uncertainty of private investors, their lack of confidence and theirPoints out that the incomplete operation of the Single Market represents a considerable loss both for private investors, who may be reluctancet to invest, in particular and consumers, who are deprived of easy a consequence of productivity standards with persisting Single Market fragmentationccess to the goods and services offered in other Member States;
Amendment 82 #
2014/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that there is a clear need to update EU Single Market rules for the digital era, establishing a single area for online payments, e-invoicing, protecting intellectual property rights and clarifying VAT requirements, in order to generate trust in e-commerce and afford adequate protection to EU consumers online; points out, furthermore, the importance of effective enforcement of the rights of online consumers and affordable and effective means of redress in the event of a dispute;
Amendment 101 #
2014/0000(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates its support for comprehensive trade and investment agreements that wouldinsofar as they support the creation of quality jobs for European workers, directly benefit European consumers and open up new opportunities for EU companies, in particular small and medium-sized enterprises (SMEs);
Amendment 110 #
2014/0000(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that consumer protection in the area of financial services should be strengthened and consumers’ financial capabilities raised, given the significant potential damage that financial servicesthey can cause to individual consumers and the Single Market– especially to vulnerable consumers – and the risks of excessive debt they may involve if they are poorly regulated, too complex, contain hidden fees or prove to be unsafe;
Amendment 122 #
2014/0000(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the fact that in 2014, the third generation of the EU regulation on public procurement was adopted with a view to simplifying and improving the 2004 regime – particularly in order to facilitate the procedures and make them more transparent, and offer more opportunities to SMEs and microenterprises – and overcoming interpretation problems and heterogeneity in concession contracts;
Amendment 133 #
2014/0000(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to ensure the implementation and enforcement of rules such as the Cdirective on consumer Rrights Directiveand the right of appeal;
Amendment 152 #
2014/0000(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Acknowledges the continuous increase in the use of the Your Europe and Your Europe Advice portals, which should be able to provide the necessary information to anyone living, working or studying in, or moving around, the EU;
Amendment 158 #
2014/0000(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the Member States and the Commission to step up their efforts to enforce Single Market legislation and to monitor this enforcement, inter alia through regular EU inspection sweeps; calls urgently for increased monitoring of the effectiveness of consumer rights in the digital environment, particularly given the speed with which breaches of consumer legislation can spread in that environment;
Amendment 17 #
2013/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that a better exchange of information between Member States is needed; calls on all Member States to create or assign a national focal point to which businesses and other victims of misleading practices can report them, and where they can obtain information on judicial and non-judicial means of redress, as well as help and expertise regarding the prevention and tackling of various forms of fraud; considers that each focal point should maintain a database recording all types of misleading marketing practices and including easy-to-understand examples; calls on the Commission to ensure coordination of a smooth exchange of information from the national databases, inter alia by facilitating the setting-up of a rapid alert system identifying new practices;
Amendment 19 #
2013/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the national focal points should play an active role in sharing information between public authorities, citizens and businesses, and should work together in order to warn each other of new misleading practices and assist SMEs in the settlement of crossborder disputes by directproviding defrauded companies to the most appropriate legal mechanismwith information on judicial and non-judicial means of redress;
Amendment 23 #
2013/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 27 #
2013/2122(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need for national enforcement authorities to work more closely together with enablers of misleading marketing practices, such as banks, telephone companies, postal services and collection agencies, in order to prevent rogue companies from operating;
Amendment 37 #
2013/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RegretsNotes that the Commission’s failure to take up Parliament’s recommendation has no plans for a partial extension of the scope of the Unfair Commercial Practices Directive by having Annex I (the blacklist) cover business-to-business (B2B) contracts; considers that amending this directive instead of Directive 2006/114/EC will result in a more coherent approach since it will ext and that it plans to broadend the concept of unfair commercial practices, together with the blacklist, to B2B relations; stresses that this will avoid the need for broadening the concept of misleading advertising, which is necessary in order to capture all forms of misleading practicmisleading advertising to encompass additional forms of misleading practice, including misleading directory schemes;
Amendment 42 #
2013/2122(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 50 #
2013/2122(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern that dispute resolution processes have proven inefficient, lengthy and costly, and that they offer no guarantee of adequate and timely compensation for the damage caused; calls on the Commission to put forward a proposal that makes it possible for the victims of misleading marketing practices to act collectively in a case against a rogue company; stresses that the victims should have the option of being represented by designated organisations, such as national entrepreneurs’ organisations; calls for effective remedies for victims, including the annulment of the contracts concernedstresses the need to remedy this state of affairs, and thus enable victims to obtain fair compensation;
Amendment 4 #
2013/2116(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the protection of consumers and their rights is one of the Union’s fundamental values,
Amendment 5 #
2013/2116(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Directive aims, through the ‘internal market clause, to ensure a high level of consumer protection throughout the European Union and to boost consumer confidence in the single market, whilst guaranteeing businesses significant legal certainty and a reduction in barriers to cross-border trade,
Amendment 9 #
2013/2116(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas some undertakings, particularly the smaller ones, as well as many consumers, are still insufficiently aware of consumers’ rights in Europe,
Amendment 10 #
2013/2116(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas it is necessary to strengthen the role of consumers’ associations and enable them to enhance their capacities,
Amendment 16 #
2013/2116(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the derogations laid down for the property and financial services sectors are justified and that it is appropriate for them to be retained;
Amendment 22 #
2013/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that Member States may no longer since 12 June 2013 maintain the provisions retained until that date as temporary derogations; calls as a consequence on Member States to comply with the Directive as swiftly as possible; at the same time, calls on the Commission to rapidly evaluate the impact of the dropping of these provisions on consumer protection in the various Member States;
Amendment 29 #
2013/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Supports the Commission’s wish to draw up a list of indicators to evaluate the effectiveness of the mechanism whereby the Member States implement the directive;
Amendment 31 #
2013/2116(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reasserts the importance of enhanced cooperation between national authorities responsible for applying the Directive; encourages the Commission in this respect to examine thoroughly the scope, effectiveness and operational mechanisms of the Consumer Protection Cooperation Regulation (CPC Regulation), as it has committed itself to doing before the end of 2014; welcomes, with that in mind, the recent opening by the Commission of a public consultation on the revision of that regulation;
Amendment 38 #
2013/2116(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the efforts of the Commission to assist Member States in transposing and applying the directive;
Amendment 41 #
2013/2116(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the importance of the guidance document produced by the Commission to assist in application of the Directive; welcomes the Commission s intention to revise this document by 2014; encourages the Commission to be transparent in its work on this document, holding wide-ranging consultations with stakeholders throughout the process;
Amendment 45 #
2013/2116(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reiterates the case law of the Court of Justice of the EU to the effect that bundled sales, which do not feature on the ‘Black List’ in Annex I, can only be prohibited on a case by case basis, in accordance with the general principles of Directive 2005/29/EC; stresses that for reasons of legal certainty, and to guarantee a high level of consumer protection, the Commission should specify, at least as part of its review of the guidance document, or, if it considers it necessary, through a new legislative instrument on promotional sales, in what precise cases bundled sales should be deemed illegal;
Amendment 46 #
2013/2116(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses that the use of false environmental claims is an unfair practice which is on the rise; encourages the Commission to expand the section of the guidance document devoted to this practice in order to clarify the application of the directive for economic operators; at the same time, calls on the Commission to explore the initiatives it could take to improve consumer protection against such practices;
Amendment 47 #
2013/2116(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on the Commission and the Member States to raise business' awareness of consumer rights in order to promote greater respect for these rights by economic operators;
Amendment 48 #
2013/2116(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Points out that many consumers hesitate to ask for redress when it seems to them that the amount concerned is not very high; stresses that consumers need to be made more aware of the support available to them from both consumer associations and the network of European consumer centres;
Amendment 37 #
2013/2073(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the personal and social development of young people is just as important as academic and professional development; whereas young people play an active role in the social infrastructure of Member States and are central to sustainable and vibrant communities;
Amendment 63 #
2013/2073(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the new EU programme for education, training, youth and sport; underlines the need for robust funding for this programme and both a separate chapter and a separate budget allocation for the youth part;
Amendment 72 #
2013/2073(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the importance of language learning to promote youth employability and labour mobility with a view to ensuring that young people fully benefit from their rights and freedoms in the EU employment market;
Amendment 139 #
2013/2073(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the need for Member States to improve support for self-employed young people, provide a safety net for failed start- ups; calls on them to eliminate red tape;
Amendment 61 #
2013/2045(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of bringing university education more closely into line with the skills required by economic operators in order to make it easier for graduates to find jobs;
Amendment 90 #
2013/2045(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to ensure young people have greater access to job offers and offers of traineeships; calls on the Member States to ensure that basic training in job-seeking skills is incorporated into students’ university courses;
Amendment 6 #
2013/2006(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of developing the sustainability of our economy so as to achieve the objectives of the EU 2020 strategy, and calls for sustainability to form a key element of European industrial policy; notes the need to encourage environmentally friendly production processes, to ensure consumer goods have longer lifetimes, to encourage recycling and to further improve the energy efficiency of goods produced in the internal market.
Amendment 7 #
2013/2006(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that, to encourage innovation and boost European competitiveness, it is essential to significantly increase Europe’s research and development capacity;
Amendment 50 #
2013/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that a strong industrial policy must be accompanied by action to optimise our products’ market position, and consequently that it is essential to place the emphasis on product quality; stresses, also, the need to maintain, upgrade and develop the craft skills base in Europe;
Amendment 51 #
2013/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the contribution made by companies producing high-end goods and services to growth, employment and competitiveness in the European Union, given that this sector accounts for 3% of EU GDP, has an annual turnover of over EUR 400 billion and generates almost 1.5 million direct and indirect jobs in Europe, according to the Commission’s Staff Working Document on the Competitiveness of the European High- End Industries published on 26 September 2012;
Amendment 34 #
2013/2005(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Draws attention to the advantage of applying variable network use charges in order to encourage customers to consume outside peak periods in the interests of rational energy use;
Amendment 33 #
2013/0402(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is appropriate to provide for rules at Union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition, use or disclosure of a trade secret. For this purpose, it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation. Such definition should therefore be constructed as to cover business information, technological information and know-how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality. By nature, such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question. It is also appropriate to define at Union level the situations where the acquisition, use and disclosure of a trade secret is lawful or unlawful, and to limit the period of application of redress procedures, for the Directive to serve its purpose of consistent protection of trade secrets in the Union.
Amendment 36 #
2013/0402(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The acquisition or disclosure of a trade secret by a public body, whether imposed or permitted by law, should not constitute an unlawful use or disclosure. Such acquisition or disclosure should however be clearly within the mandate of the relevant public body, and exceeding this mandate should constitute an unlawful act.
Amendment 39 #
2013/0402(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation, in particular by having a deterrent effect against the unlawful acquisition, use and disclosure of a trade secret, without jeopardising other objectives and principles of public interest. In this respect, the measures and remedies ensure that competent judicial authorities account for the value of a trade secret, the seriousness of the conductall relevant circumstances resulting in the unlawful acquisition, use or disclosure of the trade secret as well as the impact of such conductacquisition, use or disclosure. It should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation, as well as the interests of third parties including, where appropriate, consumers.
Amendment 43 #
2013/0402(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents, such as creating unjustified barriers to the internal market or to labour mobility, that are incompatible with the objectives of this Directive. Therefore, it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications. It is also important that measures and remedies provided for should not restrict the freedom of expression and information (which encompasses media freedom and pluralism as reflected in Article 11 of the Charter of Fundamental Rights of the European Union) or whistleblowing activity. Therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed.
Amendment 50 #
2013/0402(COD)
Proposal for a directive
Recital 16
Recital 16
(16) For the same reason, it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret. For prohibitory measures to be effective, their dura and proportionate, wthen circumstances require a limitation in time,ir duration should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition, use or disclosure of the trade secret and should be limited in time to avoid the creation of unjustified barriers to competition in the internal market. In any event, no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent.
Amendment 52 #
2013/0402(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A trade secret may be unlawfully used to design, manufacture, develop or market services or goods, or components thereof, which may spread across the internal market, thus affecting the commercial interests of the trade secret holder and the functioning of the internal market. In those cases and when the trade secret in question has a significant impact on the quality, value or price of the resulting good or service or on reducing the cost, facilitating or speeding up its manufacturing, development or marketing processes, it is important to empower judicial authorities to order appropriate measures with a view to ensure that those goods or services are not put on the market or are removed from it. Considering the global nature of trade, it is also necessary that these measures include the prohibition of importing those goods into the Union or storing them for the purposes of offering or placing them on the market. Having regard to the principle of proportionality, corrective measures should not necessarily entail the destruction of the goods when other viable options are present, such as depriving the good of its infringing quality or the disposal of the goods outside the market, for example, by means of donations to by charitable organisations.
Amendment 55 #
2013/0402(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions, including where appropriate through prominent advertising, in cases concerning the unlawful acquisition, use or disclosure of trade secrets, as long as such publication does not result in the disclosure of the trade secret nor disproportionally affect the privacy and reputation of natural persons. There is also a necessity to raise awareness, especially for small and medium-sized businesses, of the availability of redress and remedies in cases of unlawful acquisition, use or disclosure of trade secrets.
Amendment 75 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘trade secret’ means undisclosed know- how and business information which meets all of the following requirements:
Amendment 84 #
2013/0402(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘infringing goods or services’ means goods whose design,or services whose quality, manufcharactuering processtics or marketing significantly benefits from trade secrets unlawfully acquired, used or disclosed.
Amendment 91 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by:
Amendment 105 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) is in breach of a confidentiality agreement or any other duty to maintain secrecy ofnot to disclose the trade secret;
Amendment 107 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) is in breach of a contractual or any other duty to limit the use or disclosure of the trade secret.
Amendment 113 #
2013/0402(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The conscious and deliberate production, offering or placing on the market of infringing goods, or import, export or storage of infringing goods for those purposes, shall be considered an unlawful use of a trade secret, when the person carrying out such activities knew, or should, under the circumstances, have known that the trade secret was used unlawfully.
Amendment 115 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) observation, study, disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the information, unless the information acquired is used in a manner contrary to honest commercial practices;
Amendment 118 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) exercise of the right of workers or workers’ representatives to information and consultation in accordance with Union and national law and/or practices;
Amendment 125 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Member States shall ensure that there shall be no entitlement to the application for the measures, procedures and remedies provided for in this Directive whenThe acquisition, use and disclosure of trade secrets shall be considered lawful to the extent that the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases:
Amendment 132 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for the purpose of revealing an applicant’s misconduct, wrongdoing or illegal activity, provided that the alleged acquisition, use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest;
Amendment 162 #
2013/0402(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall ensure that actions for the application of the measures, procedures and remedies provided for in this Directive may be brought within at least one year but not more than twohree years after the date on which the applicant became aware, or had reason to become aware, of the last fact giving rise to the action.
Amendment 172 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shall also ensure that the competent judicial authorities may, on a duly reasoned application by a party, take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of the legal proceedings relating to the unlawful acquisition, use or disclosure of a trade secret. Member States may also allow the competent judicial authorities to take such measures on their own initiative.
Amendment 186 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality, the competent judicial authorities shall take into account the need to guarantee the right to an effective remedy and to a fair trial, the legitimate interests of the parties and, where appropriate of third parties, and any potential harm for either of the parties, and where appropriate third parties, resulting from the granting or rejection of such application.
Amendment 190 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in Article 9, the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that the know-how or business information involved qualifies as a trade secret exists, that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully, that the trade secret is being unlawfully used or disclosed, or that an unlawful acquisition, use or disclosure of the trade secret is imminent.
Amendment 191 #
2013/0402(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality, the competent judicial authorities shall be required to take into account all relevant aspects of the case, such as the value of the trade secret, the measures taken to protect the trade secret, the intentional or unintentional conduct of the respondent in acquiring, disclosing or using of the trade secret, the impact of the unlawful disclosure or use of the trade secret, the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 198 #
2013/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States shall ensure that, in considering a request for the adoption of the injunctions and corrective measures provided for in Article 11 and assessing their proportionality, the competent judicial authorities take into account all relevant aspects of the case, such as the value of the trade secret, the measures taken to protect the trade secret, the conduct of the infringer in acquiring, disclosing or using of the trade secret, the impact of the unlawful disclosure or use of the trade secret, the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties, the legitimate interests of third parties, the public interest and the safeguard of fundamental rights, including freedom of expression and information.
Amendment 202 #
2013/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 212 #
2013/0402(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered. as a result of the offence. In accordance with their national laws and practices, Member States may limit the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret of the employer when they act without intent.
Amendment 43 #
2013/0165(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The provision of accurate and reliable positioning information is an essential element of the effective operation of the eCall in-vehicle system. Therefore, it is appropriate to require its compatibility with the operational services provided by satellite navigation programmes, includingfor example the systems established under the Galileo and EGNOS programmes set out in Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo)8. __________________ 8 OJ L 196, 24.7.2008, p.1. OJ L 196, 24.7.2008, p.1.
Amendment 52 #
2013/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure open choice for customers and fair competition, as well as encourage innovation and boost the competitiveness of the Union’'s information technology industry on the global market, the eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators, and based on an interoperable and open- access platform for possible future in- vehicle applications or servict least for repair and maintenance purposes.
Amendment 60 #
2013/0165(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Vehicle manufacturers should be allowed sufficient time36 months from the date of publication of this Regulation and its delegated acts in the Official Journal of the European Union to adapt to the technical requirements of this Regulation.
Amendment 82 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Manufacturers shall ensure that the receivers in the in-vehicle systems are compatible with the operational positioning services provided by satellite navigation systems including, for example the Galileo and the EGNOS systems.
Amendment 110 #
2013/0165(COD)
Proposal for a regulation
Article 7
Article 7
With effect from 1 October 2015the date specified in Article 12, national authorities shall only grant EC type- approval in respect of the eCall in-vehicle system to new types of vehicles which comply with this Regulation and the delegated acts adopted pursuant to this Regulation.
Amendment 120 #
2013/0165(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
It shall apply from 1 October 201536 months after the date of its publication and that of its delegated acts in the Official Journal of the European Union.
Amendment 87 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the applicatTo ensure that there is no distortion of competition between hauliers from different Member States, it is essential that the dimensions of Article 4 of the Directive. Thethe vehicles used for international transport operations areferred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it common to all. Any exceptions to these common standards are exclusively limited to national transport operations. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respectobjectives set out in the White Paper.
Amendment 143 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2 a (new)
Article 4 – paragraph 4 – subparagraph 2 a (new)
(2) In Article 4 is amended as follows:(4), the following subparagraph is inserted after the second subparagraph: 'Without prejudice to Member States' rights laid down in Acts on Accession to the Union, international transport operations carried out by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I shall be prohibited.'
Amendment 156 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Amendment 99 #
2013/0072(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Passengers must enjoy specific protection in the event of flight cancellations due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence; air carriers should be obliged to provide sufficient evidence of security for the reimbursement of passengers or their repatriation.
Amendment 116 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Regulation (EC) No 261/2004
Article 2 – point l
Article 2 – point l
Amendment 126 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point v
Article 2 – point v
Amendment 131 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 153 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 4 – point 4 a (new)
Article 6 – paragraph 4 – point 4 a (new)
4a. If the aircraft is rerouted to land at an airport other than the one initially scheduled for reasons beyond the air carrier's control, the latter shall arrange to transfer its passengers as rapidly as possible to the scheduled point of arrival and shall provide them with assistance in accordance with Article 8(1)(a).
Amendment 158 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of fiveour hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or, security- related or legislative reasons why the aircraft cannot leave its position on the tarmac.'
Amendment 160 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c a
Article 1 – paragraph 1 – point 4 – point c a
Regulation (EC) No 261/2004
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Paragraph 5a (new) is added: "5a. In the event of cancellation of a flight due to the insolvency of an air carrier or suspension of operations of an air carrier due to the revocation of its operating licence, passengers shall have the right to reimbursement or a return flight to the point of departure in accordance with point (a) of Article 8(1) and the right to care as specified in Article 9. Air carriers shall provide sufficient evidence of security for reimbursement and repatriation costs.’
Amendment 164 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1
Article 6 a – paragraph 1
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, the Community air carrier operating the onward connecting flightresponsible for the delay shall offer the passenger:
Amendment 192 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available, provided the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary.
Amendment 211 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6 d – paragraph 1 a (new)
Article 6 d – paragraph 1 a (new)
Passengers shall be entitled to take on board free of charge, in addition to their cabin baggage allowance, any purchases from the airport departure area.
Amendment 221 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
War, conflicts political instability, security risks, acts of sabotage or terrorism rendering impossible the safe operation of the flight;
Amendment 53 #
2012/2322(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of a particular nature, which can justify the restriction of fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52 on the grounds of protecting consumers, preventing fraud and keeping the peace;
Amendment 61 #
2012/2322(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas games of chance or gambling help finance charitable works and projects in the public interest in most Member States;
Amendment 254 #
2012/2322(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Member States to take action to combat, in a meaningful manner, illegal online gambling and games of chance; advocates, therefore, the introduction of a regulatory principle whereby an online gambling operator may only operate in a Member State if its activities do not contravene the law in any other Member State;
Amendment 256 #
2012/2322(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses the need to raise consumers’ awareness of the distinction between legal and illegal gambling and of the risks that illegal gambling poses to them; calls, therefore, on the Commission to promote the exchange of good practices between Member States concerning the establishment of blacklists of illegal operators and ‘whitelists’ of legitimate operators on their territory;
Amendment 302 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; calls on the Commission to encourage the exchange of experience and best practice in the field of assistance for compulsive gamblers;
Amendment 340 #
2012/2322(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States and operators to encourage responsible advertising in relation to on-line gambling; calls on the Commission to encourage the exchange of best practice and examine the possibility of drawing up a code of good conduct or minimum European rules on the subject;
Amendment 399 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Member States and sports federations to provide consumers and both amateur and professional sports players with appropriate information and education on integrity in sport; welcomes the Commission’s intention to promote better exchange of good practice in regard to combating match fixing; reiterates that significant progress in this field is expected;
Amendment 409 #
2012/2322(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Reiterates that the development of the online gaming market should not give rise to a fall in the funding the sports world benefits from via the contribution made by takings from gambling; considers that alternative financing arrangements involving sports betting operators should be studied; calls for balanced solutions – beneficial for both betting providers and sport as a whole – to be found;
Amendment 16 #
2012/2134(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the mobilisation of household savings is a crucial instrument for stimulating investment in SMEs; urges the Commission to submit as soon as possible a proposal seeking to enhance the mobilisation of available capital for SMEs;
Amendment 18 #
2012/2134(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States to provide entrepreneurs with complete and valid information, available in all EU languages with useful references, on access to adequate financing, via a single European website;
Amendment 21 #
2012/2134(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the need to raise awareness of entrepreneurship among students and their teachers; stresses the importance of trainee entrepreneurs receiving appropriate education courses on access to funding;
Amendment 5 #
2012/2133(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 6 #
2012/2133(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 16 #
2012/2133(INI)
Motion for a resolution
Citation 41
Citation 41
Amendment 26 #
2012/2133(INI)
Motion for a resolution
Recital B
Recital B
B. whereas consumers play a key role as agents ofin supporting European economic activity and boosting growth;
Amendment 30 #
2012/2133(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the objective is to achieve a high level of consumer awareness, empowerment and protection;
Amendment 36 #
2012/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to boost consumer confidence, their trust in the market and knowledge of their rights, with a special focus on vulnerable consumerincrease confidence among European consumers – including the most vulnerable among them – and whereas in that respect it is essential to offer them better protection against the risks they face from products which represent a danger to their health or safety, and to ensure that they have a better understanding of their rights;
Amendment 47 #
2012/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas e-commerce is very useful forallows all consumers to have easy access to numerous goods and services and thereby reap the fullest benefit from the single market, and whereas it is particularly beneficial to consumers with disabilities andor those living in rural and remote areareas or areas with geographic or natural handicaps;
Amendment 55 #
2012/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas fragmentation of the digital single market jeopardizes the rights of consumers, given the absence of common rules; whereas most web sites are not suitable for cross-border shoppers and consumers andand whereas a legislative initiative is required to establish a comprehensive plan for redress, including mechanisms such as Alternative Dispute Resolution (ADR), a system of online dispute resolution (ODR) and collective redress;
Amendment 56 #
2012/2133(INI)
Motion for a resolution
Recital G
Recital G
Amendment 61 #
2012/2133(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current economic crisis is seriously affecting consumers, the internal market is weakened by the reduction in people's wages and working conditions and these rights should prevail over market liberalisationalso affects the purchasing power of consumers in the single market;
Amendment 67 #
2012/2133(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the internal market has to offer a range ofproduction of environmentally-friendly, high -quality products and services sold at competitive prices, to encouraginge sustainable consumption for sustainable development, employment and economic growth should be encouraged;
Amendment 69 #
2012/2133(INI)
Motion for a resolution
Recital J
Recital J
Amendment 71 #
2012/2133(INI)
Motion for a resolution
Recital J
Recital J
Amendment 75 #
2012/2133(INI)
Motion for a resolution
Recital K
Recital K
K. whereas there is a need to strengthen the role of consumer associations in all areas by adopting the necessary legal and economic measures;
Amendment 90 #
2012/2133(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls for consumers to be able to exercise their rights easimply and effectively in basic areas relating to, including food, health, energy, financial and digital services, pharmaceuticals and medical devices; access to broadband, data protection, transport, and telecommunication;
Amendment 108 #
2012/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that EU policies need to promoteincreased cooperation between consumer associations and public institutions in all fields, providing easy access to the financial resources required; notes that a register of European associations should be set up to assist the formation of European associations needed in the elaboration of all public policies and EU legislation; notes that this implies that these associations can access the resources they need to carry out their activities;
Amendment 121 #
2012/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that educating consumers reduces their risks vis-à-vis dangerous products, speculative financial products and misleading advertising; whereas there is the need to avoid information overload and instead reduce knowledge deficits and improve consumer awareness through reliable, clear, comparable and targeted information, and that such education and empowerment of consumers needs to be ongoing, from school onwards;
Amendment 123 #
2012/2133(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in order for consumers to fully enjoy their rights, it is essential for enterprises to have a good knowledge of those rights; calls on the Commission and the Member States to take the necessary measures to that end, focusing on small and medium-sized enterprises;
Amendment 129 #
2012/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 140 #
2012/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that consumer confidence is essential for both national and cross-border e-commerce; emphasises that Internet commerce needs to ensure the quality of products, avoid criminal or unfair practices and comply with the protection of personal data;
Amendment 149 #
2012/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that market information must be reliable, clear and comparable, and that binding commercial guarantees need to be adopted that ensure the administration of justice in cases where intermediaries become insolvent; emphasises the need to prosecute unfair commercial practices and unfair contract terms or mass market manipulation such as occurred in the Libor and/or Euribor markets; highlights the need to protect consumers ‘trapped’ by a financial product, and those with mortgages who, for reasons not attributable to the consumer, are at risk of being evicted from their homese need to prosecute unfair commercial practices and unfair contract terms or mass market manipulation;
Amendment 155 #
2012/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the application of the precautionary principleadequate consumer protection and product safety in the markets for consumer goods produced using nanotechnology or genetically modified organisms;
Amendment 167 #
2012/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to providefor better protection of the rights of vulnerable consumer groups such as children and the elderly, particularly with regard to transportand for such groups to be better informed of their rights;
Amendment 173 #
2012/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 184 #
2012/2133(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 189 #
2012/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 206 #
2012/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises the need to promote responsible and sustainable consumption, in line with the objectives of the EU 2020 strategy, and to make; considers it necessary to tackle food waste, markets fully accessible to consumers from the perspective of a social Europe based on solidarity consumer goods more durable, promote recycling and the consumption of second-hand goods and to further improve the energy efficiency of products available in the internal market;
Amendment 211 #
2012/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Draws attention to the fact that the next Multiannual Financial Framework for 2014 -2020 will have to incorporateallow the Consumer Agenda and provide it with properto benefit from sufficiently ambitious funding;
Amendment 10 #
2012/2101(INI)
Draft opinion
Paragraph a (new)
Paragraph a (new)
5. Regards it as less than user-friendly that neither the website of the European Judicial Atlas in civil matters nor the e- Justice portal provide an option for downloading or properly printing outPoints out that improvements could be made as regards the accessibility, in terms of both format and visibility, of the necessary forms for legal aid orand other purposes; calls on the Commission to remedy this state of affairs immediately, including on the website of the European Judicial Atlas in Civil Matters and on the European e-Justice Portal;
Amendment 12 #
2012/2101(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that in order to establish the economic criteria for granting legal aid, more consideration needs to be given to the differing cost of living in the various Member States needs to be taken into account, and the way in which these differences should be taken into account needs to be specified;
Amendment 13 #
2012/2101(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. With regard to the economic criteria that need to be met in order to receive legal aid, emphasises the need for improvements and clarifications to be made so as to prevent unfortunate differences of interpretation, such as when the Member State of origin confirms eligibility for aid, but the competent court denies it, or vice versa, or when an applicant resident in another Member State submits supporting documents to demonstrate his or her financial situation that are difficult for the state providing the legal aid to assess;
Amendment 15 #
2012/2101(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. TakUrges the view, unlike the Commission, that the Member States need to make greater efforts to comply with Article 18 of Directive 2003/8/EC (the Information Directive);
Amendment 16 #
2012/2101(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to inform consumers and businessespromote European information campaigns; calls on the Member States to inform consumers, businesses and the various parties involved in social assistance more effectively about European measures relating to civil and commercial disputes and the opportunities available to them in this connection, and to support and promote European information campaigns;
Amendment 12 #
2012/2044(INI)
Motion for a resolution
Recital I
Recital I
I. whereas businesses continue to face problems accessing public procurement contracts in other countries dueMember States, both as contractors and as subcontractors due in particular to differing national practices in public procurement and the complex administrative demands in some Member States; as well as existing language barriers,
Amendment 17 #
2012/2044(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Congratulates the European Commission on this significant initiative in response to the difficulties and concerns faced by citizens and businesses in exercising those rights conferred on them by the European Union; urges the Commission to verify and update this ‘snapshot of citizens’ and businesses’ 20 main concerns’ two years from now; (Reinsertion of paragraph 23 with addition.)
Amendment 36 #
2012/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reaffirms the need to strengthen cooperation between Parliament, the Council, the Commission and, the Member States and civil society so that citizens feel more included in the main projects and day-to-day activities of the EU;
Amendment 38 #
2012/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to develop the ‘Your Europe’ portal to turn it into a genuine digital ‘one-stop shop’ to provide citizens and businesses with information about the single market; calls on the Member States to supply the missing national information in the ‘Your Europe’ portal as soon as possible, to provide more links from their national Government portals related to the various sections of the website and to develop references to ‘Your Europe’ from relevant local and national administration portals so as to facilitate access for citizens;
Amendment 39 #
2012/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the usefulness of ‘Your Europe Advice’, which allows citizens free access to personalised information; calls on the Commission and Member States to take action to considerably raise awareness amongst citizens of the ‘Europe direct’ telephone facility;
Amendment 40 #
2012/2044(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to analyse the involvement of local and regional authorities in the strategy for expanding the Single Market Information System;reform the Internal Market Information System (IMI), extending its scope and improving the way administrative cooperation operates, and to analyse the involvement of local and regional authorities in the strategy for expanding the Single Market Information System; calls on Member States to improve civil services’ understanding of their obligations regarding the use of the IMI and to ensure that their employees receive appropriate training; (Merged with first part of paragraph 28 and expanded)
Amendment 41 #
2012/2044(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to rethink the SOLVIT programme, giving it a new framework and appropriate resources and to ensure that all centres have experienced and sufficient staff to enable them to deal with queries submitted to them in a fully satisfactory manner; (Second part of paragraph 28 resumed with one addition)
Amendment 45 #
2012/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to guarantee synergies between the existing instruments such as SOLVIT and the Internal Market Scoreboard, Your Europe Advice and Your Europe; (Resumption of paragraph 25 with one addition)
Amendment 55 #
2012/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Commission to make use of all technological resources available to launch information campaigns, prioritising the 20 main concerns, informing citizens of the benefits of the single market and of their rights, thus encouraging them to participate in creating a competitive, just and balanced market;
Amendment 60 #
2012/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of involvingUrges the Commission, together with the Member States, local and regional authorities, jointly with and civil society, in information campaigns, to periodically launch information campaigns in the national, regional and local media to inform citizens of the benefits of the single market, their rights and obligations as well as the means available to them for accessing information or assistance in order to solve their problems,with particular attention given to information campaigns in schools and universities in order to prepare the next generation for a more active European citizenship.; (Merged with paragraph 24)
Amendment 69 #
2012/2044(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 70 #
2012/2044(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 71 #
2012/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 76 #
2012/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 77 #
2012/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 78 #
2012/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 79 #
2012/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 106 #
2012/0366(COD)
Proposal for a directive
Recital 39
Recital 39
(39) The Commission should monitor the developments and submit a report 53 years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary, in particular as regards packaging.
Amendment 11 #
2012/0299(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The EU institutions and agencies should lead by example by improving gender balance. The principles laid down in this Directive should be incorporated into the rules governing the internal staffing procedures of the European Commission, the European Parliament, and all EU-institutions and agencies, including the European Central Bank. More efficient gender policies must be developed in all EU institutions to impact on recruitment to, training in, and the everyday functioning of the different EU institutions. For that purpose the institutions shall ensure that gender balance is achieved in the recruitment of senior management, including Director- Generals, Directors and Heads of Unit.
Amendment 13 #
2012/0299(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6 b) It is essential that the management of the Commission, the EU's executive body, improves its gender balance to represent better the European citizens. Member States are therefore called upon to nominate both male and female candidates for each position in the college of the Commissioners in order to achieve a gender balance in the Commission college.
Amendment 14 #
2012/0299(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6 c) The European Central bank (ECB), the European System of Financial Supervision (ESFS) – including the European Systemic Risk Board (ESRB) – and the European Supervisory Authorities (ESAs) should comply with all aspects of equality and non-discrimination on the basis of gender. The Boards of Supervisors of the ESAs should also be encouraged to present a gender-balanced list of candidates for the positions of Chairmen and Executive Directors at the relevant hearing in the European Parliament. The final selection of these positions should be gender balanced. It is also important that the Steering Committee and Advisory Committees of the ESRB are gender balanced.
Amendment 15 #
2012/0299(COD)
Proposal for a directive
Recital 6 d (new)
Recital 6 d (new)
(6 d) The supervisory board of the European Central Bank (ECB), including the roles of Chair and Vice Chair, should be balanced from a gender perspective. Whenever a vacancy arises on ECB Executive Board those Member States that have adopted the euro as a currency should be encouraged to nominate two candidates, a male and a female, for the vacant position. The Member States should also be encouraged to appoint women as governors of the national central banks (NCBs) in order to achieve a gender balance in the Governing Council and the General Council of the ECB and on the General Board of the ESRB.
Amendment 18 #
2012/0299(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly outnumbered by men in the highest decision-making bodies of companies throughout the Union. In the private sector and especially in listed companies this gender imbalance is particularly significant and acute, although certain EU institutions and agencies, such as the European Central Bank, also display a deeply problematic gender imbalance. The Commission's key indicator of gender representation on corporate boards shows that the proportion of women involved in top-level business decision- making remains very low. In January 2012, women occupied on average just 13.7 per cent of board seats in the largest publicly listed companies in Member States. Among non- executive directors only 15 per cent were women.
Amendment 19 #
2012/0295(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Article 2 of the Treaty of the European Union underlines that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
Amendment 21 #
2012/0295(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2 b) Article 6 of the Treaty of the European Union underlines that the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union.
Amendment 23 #
2012/0295(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Fund for European Aid to the Most Deprived (hereinafter the ‘Fund’) should strengthen social cohesion by contributing to the reduction of poverty in the Union by supporting, primarily through the provision of food supplies, national schemes that provide non-financial assistance to the most deprived persons to alleviate food deprivation, homelessness and material deprivation of children.
Amendment 26 #
2012/0295(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Fund cannot replace public policies undertaken by Member State governments to limit the need for emergency food aid and to develop sustainable targets and policies for the full eradication of hunger, poverty and social exclusion.
Amendment 39 #
2012/0295(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is necessary to establish a maximum level of co-financing from the Fund to the operational programmes to provide for a multiplier effect of Union resoThe Member States most in need of the Fund are least likely to be able to afford to co-finance the measurces, while the situation of Member States facing temporary budget difficulties should be addressetherefore the Fund should be 100% funded by the Union in order to ensure the highest possible uptake of the Fund.
Amendment 43 #
2012/0295(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) All citizens in the European Union should be treated equally and yet levels of deprivation differ across Member States. The Commission should produce a report showing what percentage the European funds make up of national budgets for aid programmes for most deprived persons.
Amendment 44 #
2012/0295(COD)
Proposal for a regulation
Recital 16 b (new)
Recital 16 b (new)
(16 b) Much of the work undertaken by associations working with the provision of food to Europe's most deprived is undertaken by volunteers. Therefore, the process for applying to be a beneficiary of the Fund must not be prohibitively complicated.
Amendment 47 #
2012/0295(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Member States and partner organisations should work actively with large and small scale companies throughout the food supply chain, in line with their corporate and social responsibility programmes, as well as economical incentives, to reduce food waste and to ensure this produce is made available to associations working with Europe's most deprived.
Amendment 75 #
2012/0295(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Fund shall be used to complement national strategies, not to replace or reduce national, long-term, sustainable poverty eradication and social inclusion programmes, which remain the responsibility of Member States.
Amendment 83 #
2012/0295(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Fund may support accompanying measures, primarily complementing the provision of food and goods, contributing to the social inclusion of the most deprived persons. It should also encourage collaboration with organisations which focus on the eradication of poverty and long-term social reintegration.
Amendment 99 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12 a (new)
Article 5 – paragraph 12 a (new)
(12 a) The Fund shall be used to complement national strategies, not to replace Member States' authorities' responsibilities, for eradicating poverty and social exclusion, notably through the provision of long-term, sustainable programmes aiming at social reintegration rather than alleviating immediate food deprivation and material needs.
Amendment 100 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12 b (new)
Article 5 – paragraph 12 b (new)
(12 b) Member States, and the bodies designated by them, shall build partnerships with companies throughout the food chain to create programmes allowing food companies to reduce waste and fulfil corporate and social responsability programmes, and for associations working with Europe's most deprived to gain access to food resources.
Amendment 105 #
2012/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 136 #
2012/0295(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
This platform shall include encouraging an exchange between those working on immediate material deprivation alleviation and organisations working for longer- term, sustainable social reintegration, and looking at how links could be developed between these different objectives.
Amendment 166 #
Amendment 169 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The co-financing rate at the level of the operational programme shall not be higher than 85be 100% of the public eligible expenditure.
Amendment 174 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 178 #
2012/0295(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 69 #
2012/0180(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In implementing the provisions of the Directive, account should be taken of the specificity of each sector. In particular, the Directive should take into account the fact that, in the audiovisual sector, generally characterised by an unbalanced relationship between authors and producers, collective management is the preferred way to ensure fair remuneration for authors. This means that collecting societies which administer authors’ rights in the audiovisual sector must be able to anticipate a group authorisation to manage rights without any distinction of category. They should also be allowed to regulate the withdrawal conditions for authors in so far as is necessary to ensure their task of pooling management costs for the benefit of all authors and defending and promoting cultural diversity and legal certainty for users.
Amendment 114 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting society of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder.
Amendment 115 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
For collecting societies which manage copyright in the audiovisual field, Member States may provide for measures authorising their general meeting to ask rightholders to entrust them with the management of a combination of rights, types of works and other subject matter of their choice.
Amendment 124 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 125 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 a (new)
Article 5 – paragraph 3 – subparagraph 1 a (new)
Under competition law, Member States may provide for measures allowing collecting societies to adopt adjusted detailed rules aimed at restricting the scope for rightholders to go back and forth in an objectively abusive manner. .
Amendment 126 #
2012/0060(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 6 #
2011/2293(INI)
Motion for a resolution
Recital A
Recital A
A. whereas ‘volunteering’ means activities, including formal, non-formal, informal and vocational training, which are undertaken of a person's own free will, choice and motivation, and without concern for financial gain, which benefit the individual volunteervolunteers, those receiving services from an association, communities and society as a whole;
Amendment 43 #
2011/2293(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States to support cooperation between organisers of voluntary activities in EU countries to promote the mobility of young volunteers across Europe, with the aim of fostering mutual intercultural enrichment;
Amendment 48 #
2011/2293(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4b. Calls on the European Commission to publish a report identifying the obstacles to cross-border volunteering, for example age limits in insurance policies and, where appropriate, legislative proposals;
Amendment 72 #
2011/2293(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of providing information to and also permitting senior citizens to volunteer in another EU country, as already supported by the Grundtvig programme, encouraging active ageing as a way of strengthening social links and reducing the isolation of some elderly people and a rich source of wisdom and experience for society;
Amendment 79 #
2011/2293(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission’s proposal to establish a ‘European Skills Passport’, so that the skills acquired through volunteering may be officially recognised, both for professional and learning purposes, which is a vital element in motivating potential volunteers and in creating a link between non-formal learning and formal education; therefore suggests including the skills acquired through volunteering in the ECTS for students; calls on the Commission to consider developing a similar calculation and recognition system of the skills acquired through volunteering for adults who are not at university;
Amendment 95 #
2011/2293(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the national, regional and local authorities and the EU to give stable financial and other support to the organisations involved in volunteering work, including all the associations and networks, with a view to enhancing their roles, activities and achievements for the benefit of society; calls on the European Commission and on the Member States to consider creating a European Statute for associations in order to facilitate cross- border volunteering;
Amendment 13 #
2011/2272(INI)
Motion for a resolution
Recital C
Recital C
(C) Whereas vulnerable consumers are a heterogeneous group comprised of persons who are considered as such because of their mental, physical or psychological disability, their age, or their credulity or their education, or persons madepersons made particularly vulnerable by their social and financial situation (for example over-indebted persons) who require special protection and a specific strategy on the part of the authorities,
Amendment 17 #
2011/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the diversity of vulnerable situations, both when consumers are placed under statutory protection and when they are in a specific situation of sectoral or temporary vulnerability, hinders a uniform approach and has led the legislation as well as the policies in existence up to the present time to address the problem of vulnerability on a case by case basis;
Amendment 28 #
2011/2272(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 36 #
2011/2272(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 47 #
2011/2272(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 67 #
2011/2272(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that, in the case of contractual relations, the consumer frequently is the weaker party in such relations; when said party to said contracts is in a vulnerable situarecommends that when persons are placed under statutory protection, for providers musto be involved in the protection of said party, and the authorities and administrations musto provide incentives to such involvement;
Amendment 81 #
2011/2272(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asks the European Commission and the Member States that the regulation of safety standards and conditions for certain products, especially those intended for use by consumers in vulnerable situations, consider where possible not only the foreseen use but also the foreseeable use, and that quality requirements and protection measures be emphasised;
Amendment 88 #
2011/2272(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. In the same spirit, calls for the Member States and the European Commission to promote research and development of goods, services, equipment and facilities, which are universally designed, in other words usable by all people, to the greatest extent possible, without the need for adaptation or specialised design;
Amendment 100 #
2011/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deplores that advertising and promotional offers for food with high fat, salt and sugar content isare aimed at children and young peopleEuropeans, who increasingly suffer the consequences of sedentariness and obesityfrom obesity; supports, in this respect, the application of surveillance and restriction measures regarding the audiovisual and digital advertising of these types of products to children and young people, whatever the media used (television, internet, cinema, social networking sites); calls on the actors involved to educate and inform minors about the importance of a balanced diet;
Amendment 131 #
2011/2272(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that the liberalisation of the main supply markets, in general, has not resulted in a genermust be supported by measures al lowering of prices, and has in fact resulted in added difficulty for the majority of citizens in knowvulnerable consumers to easily determinge the best price, know how to changinge providers and understanding the items billed;
Amendment 137 #
2011/2272(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European Commission and the Member States to consider establishing free-of-charge mechanisms for alternative dispute resolution that canwhere access would be factivilitated automatically when afor vulnerable consumer is involveds, as well as for collective actions;
Amendment 22 #
2011/2180(INI)
Motion for a resolution
Recital D
Recital D
D. whereas mobility must be available to all and is the cornerstone of the higher education reform; whereas student mobility may ultimately help to foster professional mobility;
Amendment 77 #
2011/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a commitment on the part of universities to new teaching and training strategies aimed at a learning-centred university system which provides the theoretical and practical knowledge which students will need in their working lives;
Amendment 108 #
2011/2180(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the EU, the Member States and universities to improve information for students, academics and staff in order to foster structured mobility flows; calls for a strengthening of the services of Erasmus through better funding, improved credit recognition and greater flexibility of the time frame allowed, enhanced possibilities for including terms abroad as part of the training and greater flexibility of the time frame allowed; insists, nevertheless, that in no case must mobility create discrimination against students with limited financial resources;
Amendment 150 #
2011/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the particular needs of the Bachelor’s degree, its curricula and its employability,; stresses in this respect the need for specific actions and for more effective cooperation between universities and the labour market with a view to developing more relevant curricula and enhancing employability; calls, therefore, on universities to develop their provision of apprenticeships and to improve the integration of traineeships in university courses;
Amendment 166 #
2011/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regards academic PhD degrees, including those carried out in enterprises, as a key link between higher education and research, and recalls their potential as a key component in the creation of knowledge- based innovation and economic growth; recognises the importance of carrying out PhD degrees in enterprises in terms of integrating individuals with higher degrees into the labour market;
Amendment 3 #
2011/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that food waste represents an economic, environmental and societal cost and poses an internal market challenge for both business and consumers;
Amendment 14 #
2011/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. ANotes the results of a survey conducted by the Commission (Consumer Empowerment in the EU – SEC(2011) 469), which found that 18% of European citizens asked did not understand the ‘Best before’ date; points out, therefore, the need to improve European consumers’ understanding of the exact meaning of the dates indicated; asks the Commission, therefore, to clarify food date labelling (‘Best before’, ‘Use by’) in order to reduce uncertainty regarding food edibility; encourages simplification rather than duplication (‘Sell by’ date and ‘Use by’ date) in order to avoid increasing confusion;
Amendment 33 #
2011/2175(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges retailers, public authorities and local actors to use their daily contact with consumers to communicate ways of storing and using food more efficiently, e.g. with practical tips and awareness campaigns;
Amendment 39 #
2011/2175(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Commissionactors concerned at European, national, regional and local level to publish a user- friendly manual on the use of discarded and expired products for food donation and animal feed, building on best practices in the food supply chain;
Amendment 42 #
2011/2175(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the interest in developing the composting of biodegradable food as an alternative to discarding products; welcomes initiatives in Member States to provide citizens with collective areas for this purpose; calls on the Commission to encourage these efforts by promoting the exchange of experience and good practice at European level;
Amendment 42 #
2011/2155(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to supplement the Internal Market Scoreboard with new additional criteria, without affecting its 'readability', to monitor the correct implementation of current legislation;
Amendment 43 #
2011/2155(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to present in the Internal Market Scoreboard the changing distribution of infringement proceedings initiated by sector since the previous Scoreboard, and to propose an evaluation of the reasons for the most significant changes in terms of the number of proceedings initiated;
Amendment 20 #
2011/2149(INI)
Motion for a resolution
Recital F
Recital F
Amendment 59 #
2011/2149(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that, given the enormous increase in e-commerce, consumers’ confidence in cross-border online purchasing arrangements, particularly cross-border arrangements, needs to be increased by guaranteeing their rights on the internet as well;
Amendment 65 #
2011/2149(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. (to be inserted between the heading and paragraph 5) Points out that consumer confidence is a driving force in the economy with regard to both domestic and cross-border trade, online and offline;
Amendment 66 #
2011/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to ensure a more consumer-oriented balance when it comes to internet use and intellectual property rights; , particularly with regard to intellectual property rights and personal data protection; Or. fr 32
Amendment 74 #
2011/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to provide consumers with more transparent information, for example through unit price indication rules and, accurate and transparent internet price comparison websites, and the introduction of clear, easily identifiable and effective labelling;
Amendment 81 #
2011/2149(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underscores the importance of labelling and, in this context, calls on the Commission to take account of consumers’ growing calls concerning, for example, fair trade, carbon footprints, the scope for and types of recycling, and origin marking;
Amendment 84 #
2011/2149(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
40 7b. Stresses the need to educate consumers, from as early an age as possible, so that they understand and make use of the information appearing on products; calls on the Commission to make European logos more identifiable and more intuitive, for which the recognition rate still appears unsatisfactory (e.g., in particular, the inadequate recognition rate for the CE conformity marking logo, the European Ecolabel, the Möbius strip for recycling or risk marking;
Amendment 87 #
2011/2149(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. DeplorNotes the ever increasing information overload on the internet as regards contract terms and conditions; stresses consumers’ need for readability;
Amendment 92 #
2011/2149(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to provide better support, through funding for capacity-building and publicity, consumer organisationsand the development of training courses, consumer organisations, in particular in Member States in which they are underdeveloped, and public authorities in their role as intermediaries, thereby enhancing consumer empowerment;
Amendment 100 #
2011/2149(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to examine the implications for consumers of existing concentrations in liberaliseddifferent sectors;
Amendment 101 #
2011/2149(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 104 #
2011/2149(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need to provide better protection for vulnerable consumer groups, such as children and the elderly; points out that children are exposed to extensive advertising even though they have no possibility to make informed choicesstresses the need to educate and support them while making access to redress procedures easier;
Amendment 110 #
2011/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
52 13. UrgNotes the Commission to include the protection of children among the main priorities of the Consumer Agendalarge-scale exposure of children to advertising and proposes a ban on TV advertising and direct advertising aimed at children under the age of 12;
Amendment 119 #
2011/2149(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 141 #
2011/2149(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 145 #
2011/2149(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for better product safety guarantees, particularly in e-commerce on the internal market, as regards chemical and/or dangerous substances (carcinogenic products, hormone disruptors, etc.); calls for better labelling of foodstuffs; calls for the issue of nanotechnologies to be taken into consideration;
Amendment 149 #
2011/2149(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for targeted research funding, in order to make for better consumer protection, given that project funding often does not cover the cost of scientific research; points out that, besides providing funding, it is also important to takefor action to encourage taking into account the views of consumers and households in EU research programmes;
Amendment 153 #
2011/2149(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Proposes expanding European support for research in emerging sectors, such as green and ethical consumption, and for pooling everyday consumer goods (cars, bicycles, household electricals, etc.);
Amendment 158 #
2011/2149(INI)
Motion for a resolution
Subheading IV
Subheading IV
73 IV. Towards a more social and sustainable Europe geared towards innovation and growth
Amendment 163 #
2011/2149(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
75 23. Calls on the Commission to include a consumern affordability perspective in the Consumer Agenda and to stress the importance of a more social Europe where welfare services are financed on the basis of solidarity; points out that the elderly and disabled have difficult access to products and services; backs, accordingly, European-level standardisation efforts to provide straightforward and reliable universal access; stresses also the positive role of standardisation as regards economic growth and the smooth functioning of the internal market;
Amendment 168 #
2011/2149(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to address the issue of how private consumption can become more sustainable in order to promote innovation, economic growth and a low-carbon economy, in keeping with the objective set in the Europe 2020 strategy;
Amendment 188 #
2011/2149(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
Amendment 1 #
2011/2117(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas alternative dispute resolution (ADR) is a mechanism for reaching out- of-court settlements by helping consumers and traders to resolve conflicts through the intervention of a third party (mediator or arbitrator),
Amendment 2 #
2011/2117(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. having regard to its resolution of 6 April 2011 on ‘Governance and Partnership in the Single Market’1, in which it called on the Commission to submit a legislative proposal on the use of alternative dispute resolution in the EU by the end of 2011, _______ 1 P7_TA-PROV(2011)0144.
Amendment 3 #
2011/2117(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. whereas the development of legislation on ADR is one of the twelve levers to boost growth and strengthen confidence in the context of the Single Market Act, as set out in the communication adopted by the Commission on 13 April 2011,
Amendment 4 #
2011/2117(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. whereas the legislative proposal on ADR in the EU is mentioned in the Commission’s work programme as a strategic initiative,
Amendment 12 #
2011/2117(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s intention to encourage the use of alternative means of dispute resolution that are swift, effective and cheap and apt to enable the establishment of quality commercial relations and contribute to a high level of consumer protection;
Amendment 20 #
2011/2117(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with the Commission that appropriate access to reparation in the internal market requires both the possibility of easy recourse to ADR and the existence of an effective system for collective claims, the two being complementary; points out, in this connection, that facilitating the use of ADR in the EU must on no account serve as a pretext for avoiding or delaying the introduction of a system of collective recourse at the European level;
Amendment 29 #
2011/2117(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points to the importance of rectifying any existing shortcomings with regard to the geographical coverage of ADR in Europeout that, although there are numerous ADR systems operating effectively in Europe at present, there are still many shortcomings in terms of both geographical and sector-by-sector coverage; urges that existing shortcomings with regard to the geographical coverage of ADR in Europe be rectified rapidly, and calls for an effective out-of-court dispute settlement system for consumer matters which is operational across the EU; deplores the major sectoral deficiencies that persist in most Member States, when sector by sector coverage would enable the involvement of people who understand the way in which a given sector works; encourages the Member States to consider introducing single points of contact for each sector, to provide information and initiate procedures;
Amendment 35 #
2011/2117(INI)
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Proposes that a single European charter be drawn up containing the guidelines to be followed in relation toCalls on the Commission to incorporate in its legislative proposal, which could take the form of a framework directive, the following guidelines that will have to be followed by the ADR systems established in Europe, these being the following:
Amendment 56 #
2011/2117(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages those Member States that wish to do so to go further than the guidelines introduced as part of the future European legislative framework; proposes, therefore, that a European charter on ADR – drawing on the best practices implemented in the Member States – be drafted as an additional instrument; recommends, to this end, setting up an annual mediation forum as a means of pooling experience;
Amendment 61 #
2011/2117(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to support and strengthen, and enhance the capabilities of, existing bodies operating in this area which have demonstrated their effectiveness and value, such as SOLVIT, Europe Direct, ECC-NET and FIN-NET;
Amendment 63 #
2011/2117(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 64 #
2011/2117(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Points out the importance of better publicising the existence of ADR mechanisms and doing more to encourage consumers and professionals to use them as an alternative to court proceedings, which makes it possible to avoid a confrontational approach and offers the prospect of a win-win situation;
Amendment 65 #
2011/2117(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Takes the view that the provision of information to consumers is a responsibility shared by public authorities, information and advisory networks, regulators and consumer groups, and recommends that they each, at their respective level, conduct awareness- raising campaigns and pilot projects on the subject;
Amendment 66 #
2011/2117(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Takes the view that the provision of information to consumers is a responsibility shared by public authorities and representative organisations, and recommends that they each, at their respective level, conduct awareness- raising campaigns and pilot projects on the subject;
Amendment 81 #
2011/2117(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Recommends, as a potential incentive for enterprises, that a quality label for mediation be introduced in relation to mediation in consumer disputes, which would be associated with guidelines recognising best practices, so that consumers can rapidly identify businesses that have opted into ADR systems.
Amendment 7 #
2011/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas, individual lawsuits are often notf a large group of citizens and businesses are victims of the same infringement, individual redress does not constitute an effective means tof stopping the unlawful practices in question or tof obtaining compensation, as consumers are reluctant to initiate private lawsuit for the damage caused by such practices, in particular if the individual loss is small in comparison to the costs,
Amendment 59 #
2011/2089(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that a momentum for harmonisation onat European level also arises since certain Member States are currently considering possibilities of introducing substantial reforms concerning their collective redress schemes and others are currently considering introducing such schemes;
Amendment 91 #
2011/2089(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Maintains that the court has a crucial role to play in deciding on the admissibility of the claim, and the representativeness of the claimant and controlling the ways to inform consumer, in order to ensure that only well-founded complaints are examined and guarantee a proper balance between preventing abusive action and protecting the right to effective access to justice both for EU citizens and businesses;
Amendment 102 #
2011/2089(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Emphasises that information about collective actions plays a major role in the effectiveness of the procedure as consumers need to be aware that they have been the victims of the same illegal practice and that there is a collective action launched; calls on Member States to put in place efficient mechanisms ensuring that a maximum of victims are informed, in particular when those are domiciled in several Member States, whilst avoiding unduly harming the reputation of the party concerned, in order to scrupulously respect the principle of the presumption of innocence;
Amendment 109 #
2011/2089(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claim and designed in such a way as, on the one hand, not to encourage the bringing of actions that are not well-founded and, on the other hand, to prevent citizens and businesses, in particular SMEs, from being denied access to justice because they do not have sufficient financial resources;
Amendment 119 #
2011/2089(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Is conscious that some consumer organisations may be unable to pursue collective actions due to a lack of resources, and therefore an equitable mechanism for bearing the costs of proceedings would need to be introduced for entities meeting the conditions for the granting of authority to stand in collective redress procedures, as without appropriate funding only a very limited number of cases will be taken.
Amendment 18 #
2011/2088(INI)
Motion for a resolution
Recital E
Recital E
E. whereas 24.1 % of all 15-year olds within Member States are low performers in reading literacy, whereas reading is a basic tool for all young persons, indispensable to making progress in any school subject as well as to becoming integrated into the world of work, understanding and analysing information, communicating correctly and participating in cultural activities, and whereas specific measures should therefore be taken to remedy deficiencies in reading skills,
Amendment 27 #
2011/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the foundations for a child’s future educational career are laid in the early years of childhood, a time when receptiveness, language learning and the ability to form social contacts – attributes that will be essential in tomorrow's society – should be encouraged so as to facilitate the child's integration into both school and society from an early age, thus combating ESL, and reiterates the call contained in its resolution on Early Years Learning in the EU for the development of a European framework for early childhood education and care services;
Amendment 48 #
2011/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. States that equality of opportunities in education for individuals of all backgrounds is vital in creating an equal society;, and that school is one of the best places for giving everyone an equal chance of success and the opportunity to acquire knowledge and skills to enable them to become integrated into the world of work, thus breaking the inter- generational cycle,
Amendment 53 #
2011/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a personalised and inclusive approach to education which includes targeted support where necessary, particularly for children and young people suffering from a disability;
Amendment 84 #
2011/2088(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that financial pressures on disadvantaged families can force students to leave school early in order to enter the labour market and to supplement family resources; calls on Member States to consider introducing a system of means- tested financial support for those who need it in order to combat this problem;
Amendment 120 #
2011/2088(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages Member States to invest in qualified and well-trained staff for both preschool and compulsory education; suggests that teaching assistants be employed in schools to work with struggling pupils and to assist classroom teachers in their work, along with auxiliary staff to help disabled pupils in their schooling in standard educational establishments or in ones that cater for their disability;
Amendment 134 #
2011/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that students must be made aware of the range of career options open to them and suggests that schools and universities forge partnerships with local companies and organisations, enabling students to meet professionals from different fields;
Amendment 173 #
2011/2088(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the Commission proposal for a Council Recommendation on policies to reduce ESL, which proposes a framework for comprehensive policies in this area, the analysis of the underlying conditions behind early school leaving at national and local level in each Member State, the evaluation of the effectiveness of the existing measures and the integration of the prevention, intervention and compensation measures for combating this phenomenon;
Amendment 27 #
2011/2087(INI)
Motion for a resolution
Recital E
Recital E
E. whereas verbal and physical violence and discriminatory behaviour may occur during sports competitions,
Amendment 50 #
2011/2087(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the specific nature of sport arises from the sum of sport’s individual and essential aspects which make it different from all other sectors of economic activity, and must be considered on a case-by-base basis,
Amendment 63 #
2011/2087(INI)
Motion for a resolution
Recital N
Recital N
N. whereas professional sport generally is vulnerable to financial instability,
Amendment 99 #
2011/2087(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on sports organisations to pay attention to the needs of disabled sportspeople by making every effort to promote their inclusion in sports activities and also by developing sports activities and competitions for people with disabilities;
Amendment 118 #
2011/2087(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need to support the fight against doping, while respecting athletes’ individual freedom; urges the Member States to treat trafficking in illegal performance-enhancing substances in the same way as trafficking in illegal drugs and to adopt national legislation to this end; welcomes the progress achieved by the Council of Europe in that regard;
Amendment 146 #
2011/2087(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States to refuse access to stadiums to supporters who have displayed violent or discriminatory behaviour and to set up a European database of those who have been banned, drawing on the work done by the Council of Europe in this area;
Amendment 253 #
2011/2087(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the need to boost the protection of minors in the context of international transfers; takes the view that international transfers are potentially dangerous for young athletes, who are extremely vulnerable because they have left their families and countries at a young age and should therefore receive ongoing attention from sports organisations;
Amendment 265 #
2011/2087(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Proposes the setting up of a European register of sports agents, in which agents would list the players that they represent, and the amount they are paid; calls on sports organisations also to consider the idea of a blacklist of agents operating fraudulently and without a licence;sf
Amendment 310 #
2011/2087(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on clubs to ensure compliance with immigration laws when they recruit young people from non-member States and to ensure that they return to their country of origin under satisfactory conditions if their career does not take off; emphasises, in this connection, that it is essential to enforce the relevant legislation;
Amendment 13 #
2011/2084(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Internet gambling market is growing constantly,online gambling sector is growing constantly, and whereas to a large extent this growth is not being scrutinised by the national governments of the citizens to whom such gambling services are provided, (The first part of this amendment applies to the entire text, and consists in replacing the term ‘gambling market’ with the term ‘gambling sector’ and the term ‘Internet gambling’ with the term ‘online gambling’. Should it be adopted, these changes will be made throughout the text.)
Amendment 41 #
2011/2084(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 56 TFEU guarantees the freedom to provide services, but Internetsubject to any restrictions the Member States may impose in accordance with the Treaty, such that online gambling washad to be expressly exempted from the Services Directive because it is not a normal servicE- Commerce, Services and Consumer Rights Directives on account of its specific nature,
Amendment 53 #
2011/2084(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Internet gambling and betting are liable to undermine the principle of equality among both sportspeople and the gamblers and betters, and involve a greater risk of addiction and dangers than traditional physical, location- based gambling,
Amendment 68 #
2011/2084(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas, in order to achieve these objectives, it is essential to introduce mechanisms for scrutinising sports competitions and financial flows, along with common supervisory mechanisms at the EU level,
Amendment 69 #
2011/2084(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas international-level cooperation among all stakeholders (institutions, sports federations and betting operators) is also crucial with a view to pooling good practices,
Amendment 72 #
2011/2084(INI)
Motion for a resolution
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. Welcomes the Commission’s clarification of the fact that the political process initiated by means of the Green Paper is in no way aimed at deregulating/liberalising online gambling;
Amendment 85 #
2011/2084(INI)
Motion for a resolution
Paragraph 1 – point 3
Paragraph 1 – point 3
(3) guarantee effective protection for young people and gamblersgamblers, with specific attention to vulnerable groups, in particular young people,
Amendment 91 #
2011/2084(INI)
Motion for a resolution
Paragraph 1 – point 6
Paragraph 1 – point 6
(6) that risks to the integrity of sporting competition are precludgradually eradicated and
Amendment 97 #
2011/2084(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Sees such regulation as having the potential to ensure that sports competitions are attractive to consumers and to the public, that sports results remain credible and that the competitions retain their prestige;
Amendment 100 #
2011/2084(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underscores the standpoint of the European Court of Justice12, that the Internet is simply a channel for offering games of chance; 12 12 12 , although Member States’ discretion in determining their own approach to the regulation of Carmen Media 2010 (C-46/08). Carmen Media 2010 (C-46/08). Carmen Media 2010 (C-46/08). Internet gambling is unaffected thereby and they can still restrict or prohibit the provision of certain services to consumers;
Amendment 125 #
2011/2084(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Rejects, accordingly, any European legislative act uniformly regulating the entire on-line gambling market, but nonetheless takes the view that, in some sectors, a uniform European approachsuch as the implementation of the law, administrative cooperation and information sharing, technological standards, and a degree of cooperation on consumer protection, a uniform European approach, combined with effective and independent national-level regulation, would be appropriate;
Amendment 173 #
2011/2084(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level minimum standards with regard to preventing gambling addiction and betting fraud and to protecting young people and other vulnerable groups; states that, where a provider complies with those minimum standards, the other Member States should recognise this accordingly, but may set further conditions; is of the opinion that a pan- European code of conduct for Internet gambling could be a first step;
Amendment 222 #
2011/2084(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Observes that, according to a recently published study2, the gambling market was identified as the sector where the lack of an alternative dispute resolution system most frequently makes itself felt; suggests, therefore, that national regulatory agencies could establish alternative dispute resolution systems for the on-line gambling sector;
Amendment 235 #
2011/2084(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that betting on, in particular, minor-sports competitions may represent a risk to the integrity of sport; is therefore of the view that sport fraud and betting fraud should be penalised throughout Europe; calls on the Member States to class such cases of fraud as criminal offences so as to punish effectively the manipulation of betting and sports results;
Amendment 244 #
2011/2084(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers stronger safeguards against the risks of on-line betting and gambling to be an essential part of protecting the integrity of sport; calls, therefore, on the Commission and the Member States to propose ways of raising the awareness of sportspeople and consumers of all ages and at all levels (both amateur and professional) from their childhood;
Amendment 255 #
2011/2084(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is aware of the importance of the contribution from gambling revenue towards the funding of sport in the Member States; states that further development of the Internet gambling market should therefore not lead to a reduction in sports funding; considers that alternative financing arrangements involving sports betting operators should be studied; calls for balanced solutions – beneficial for both betting providers and sport as a whole – to be found;
Amendment 21 #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the financial, economic and social crisis and the associated austerity measures,
Amendment 39 #
2011/2052(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas 17% of the EU population live below the poverty threshold, and 8% of Europeans live in conditions of severe material deprivation and are thus unable to afford even the most basic necessities which the observance of human rights would demand,
Amendment 58 #
2011/2052(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas poverty can be classed as a violation of human rights and is thus proof of the effort still needed to achieve the aims set out in Article 3(3) of the Treaty on European Union,
Amendment A #
2011/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Ccalls on the Commission to involve civil society at national and European level and to make discussions with people living in poverty a formal part of the annual convention on povertyboost the involvement in the development of a European strategy at all levels of governance (European, national, regional and local) of organised civil society and of all stakeholders, such as NGOs, social economy organisations, service providers, experts in social innovation and the social partners, as well as people living in poverty themselves, in partnership with the associations in which they freely express their opinions and which have acquired experience and knowledge, particularly through the development of national platforms against poverty and social exclusion in each Member State; calls on the Commission to enhance cooperation between local, regional and national authorities and European Institutions, particularly the European Parliament; believes that the synergies should concern all stakeholders, including SMEs and entrepreneurs; calls for discussions with people living in poverty and social exclusion to be institutionalised, and to be extended at national level, and for their participation and contribution to be made a formal and central part of the annual convention on poverty and social exclusion, and calls for appropriate and regular follow-up of the recommendations so developed;
Amendment C #
2011/2052(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for regular, critical monitoring ofthe establishment of a regular, critical evaluation mechanism, involving the European Parliament, the Committee of the Regions and the European Economic and Social Committee, based on precise indicators at national and European level, by which the multiple dimensions of poverty can be evaluated and the Member States’ progress, by gender and age, towards achieving the poverty reduction target, and towards breaking this target down into sub-targets, can be measured, in view of the fact that the lack of a precise definition of poverty leaves too much leeway for the Member States, to break this target down into sub-targets; hus risking aberrant interpretations; calls on the Commission to improve national and European indicators relating to the comparability of national statistics on the poverty of vulnerable people and to promote, with Eurostat, the production of more precise statistics within a comprehensive scoreboard on poverty and social exclusion by means of which it will be possible to track the number of people below the 50% and 40% levels of median income and on this basis to conduct an annual evaluation of the situations of poverty in the EU, the statistical approach of which should be supplemented by a qualitative and participatory approach; calls on the Commission to ensure the policies implemented are beneficial to all and not just to those close to the poverty threshold;
Amendment E #
2011/2052(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to identify more precisely the budget lines relevant to the Platform and the level of appropriations allocated to them, particularly as regards the ESF and its contribution to this flagship initiative through the funding of political priorities such as preventing school drop-out and addressing poverty among children, women, older people and migrant workers; calls on the Commission to set out its proposals on combating poverty and social exclusion in the 2014-2020 multiannual financial framework in order to ensure adequate funding of the initiatives launched to combat poverty and social exclusion; calls on the Commission to identify the financial support needed for agreed thematic priorities and to urge Member States to support financially the participation of civil society at national level in National Reform Programmes, the Flagship Platform and National Strategies for social protection and social inclusion; recommends pressing ahead with, and providing increased budgetary funding for, the European programmes which can help combat the various aspects of social exclusion, poverty and social and economic inequality, including health inequality (the research Framework Programme, the Progress programme, etc.);
Amendment FF #
2011/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas employmentgrowth and employment, even in a decent job, alone isare not sufficient to lift people out of poverty, and whereas the problem of the working poor has gained increasing recognition in recent years, and whereas the segmentation of the labour market has increased, working and living conditions have very much worsened, particularly during the financial crisis, and work has become much less secure – a trend which must be combated; whereas the problem of the working poor has gained increasing recognition in recent years but is not yet being addressed to an extent commensurate with the challenges it represents for our societies; whereas the number of the working poor has grown considerably in recent years, with 8% of the working population suffering in-work poverty and where 22% of those at risk of poverty are in work1; whereas the fact of people having access to decent, egalitarian working conditions constitutes an advance in terms of reducing poverty and social exclusion among families and people living alone, __________________ 1 EUROSTAT (2009), SPC Report: SPC Assessment of the social dimension of the Europe 2020 Strategy (10 Feb. 2011)
Amendment 72 #
2011/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas employment alone is not sufficient to lift people out of poverty, and whereas the problemnumber of the working poor has gainedrown considerably in recent years and the increasing precognition in recent yearsvalence of insecure working conditions should be combated,
Amendment L #
2011/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the creation of decent jobs through vocationalConsiders that a full and effective way out of poverty can only be found if the appropriate strengthening of social protection instruments is accompanied by significant reinforcement of education and training paths at every level; supports the development of more inclusive education systems to tackle the problem of students dropping out and enable young people from disadvantaged social groups to reach a higher level of education, with a view to countering the intergenerational transmission of poverty; supports access to validation of acquired experience and life-long training, and the provision of personalised job-seeking assistance, in particular for disadvantaged groups; s a means of reducing poverty by securing access to employment, in particular for disadvantaged groups, to help them to access decent jobs; regards it as essential, therefore, for life-long learning programmes to be implemented properly and developed, and for Member States to cooperate in the fields of education and vocational training and personalised job-seeking assistance, and stresses that more measures of this kind must be taken to assist the most vulnerable sectors of the population; recommends the development of an EU strategy to tackle in-work poverty and create quality jobs, agreeing principles for quality work;
Amendment MM #
2011/2052(INI)
Motion for a resolution
Recital M
Recital M
M. whereas unemployment among young people, which is already higher than for other age groups, has exploded in the EU since the crisis and now runs at over 20% reaching a critical level in all Member States, which puts young people at risk of falling into poverty from a very early age; whereas this alarming situation calls for urgent political, economic and social responses and will, in combination with demographic changes, aggravate skills shortages; having regard to the vital role that vocational training can play in helping young people and low skilled workers to join the labour market; whereas, however, getting a job does not always mean escaping poverty, and whereas young people are especially susceptible to falling into the category of working poor,
Amendment S #
2011/2052(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s desire to clarify the legal framework applicable to social economy enterprises so that there are no obstacles hindering their contribution to poverty reduction; , through various initiatives, to take more account of the role of social economy actors – as defined in Parliament’s resolution of 19 February 2009 on the social economy – in particular by clarifying the legal framework applicable to social economy enterprises (for mutual societies, foundations and cooperatives) so that there are no obstacles hindering their making a full contribution, with legal certainty, to reducing poverty and social exclusion by proposing innovative and sustainable responses to citizens’ needs, while stressing that the social economy is not limited to this scope of activities; is concerned, however, about the lack of reference to the Statute for a European association, given that the not-for-profit sector is a major actor in the fight against poverty; stresses, however, that the measures currently proposed to promote the social economy, in particular associations and mutual societies, do not adequately reflect its potential contribution to the policy to combat poverty and social exclusion, the economy and the European social model and, more generally, do not match its role in responding to the consequences of the economic and social crisis; stresses, in particular, its demands and expectations in relation to the recognition of SSGI, as reaffirmed in the resolution of the European Parliament on the future of social services of general interest adopted on 5 June 2011 (A7-0239/2011); notes the proposals for a revision of the Community provisions on public procurement procedures and state aid, and recalls its demand for them to be adapted to the specific nature of the tasks of SSGIs and to the way in which they are organised; supports the creation of decent jobs and the provision of personalised job-seeking assistance via specialised training and placement agencies and social economy enterprises in view of their expertise in helping disadvantaged persons enter employment; reiterates its call for a framework directive on the quality and accessibility of social services of general interest, in particular in the areas of health, education, public transport, energy, water and communication; Note: A citation referring to the De Rossa report will be added by oral amendment, and amendment 312 will be voted on outside the compromise.
Amendment Z #
2011/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the most vulnerable groups have been those most severely affected by the crisis and the associated austerity measures, 116 million people in the European Union are at risk of poverty and 42 million (i.e. 8%) live ‘in conditions of severe material deprivation and can not afford a number of necessities considered essential in order to live a decent life in Europe’1; whereas poverty is the unacceptable reflection of an uneven distribution of wealth, income and resources in a prosperous European economy; whereas the most vulnerable groups, such as the elderly and disabled people, have been those most severely affected by the financial, economic and social crisis and the austerity measures currently being taken in the EU in the context of the ‘Euro Plus Pact’ and the ‘governance package’, which could worsen the situation for these groups and put at risk of unemployment, economic insecurity or poverty millions of people who were still managing to live on, and meet their basic needs from, their wages or retirement pension, notably as a result of cuts in public service and social assistance budgets; whereas applying tougher conditions and penalties in social activation policies in response to the crisis aggravates the difficulties faced by the most vulnerable people at a time when few decent jobs are on offer; whereas the gap between rich and poor is getting ever wider as the crisis continues; __________________ 1 European Platform against Poverty and Social Exclusion (COM(2010)758 final).
Amendment 115 #
2011/2052(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas family policies are an essential part of policies to address poverty and social exclusion ,
Amendment 119 #
2011/2052(INI)
Motion for a resolution
Recital M
Recital M
M. whereas unemployment among young people, which is already higher than for other age groups, has exploded in the EU since the crisis, reaching a critical level in all Member States; whereas this alarming situation calls for urgent political, economic and social responses,
Amendment 142 #
2011/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to involve civil society, in particular NGOs, social economy organisations and the social partners, at national and European level and to make discussions with people living in poverty a formal part of the annual convention on poverty; believes that the synergies should concern all stakeholders, including SMEs and entrepreneurs;
Amendment 162 #
2011/2052(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for regular, critical monitoring of, based on precise indicators at national and European level, by which the multiple dimensions of poverty can be evaluated and the Member States’ progress towards achieving the poverty reduction target can be measured, and for the Member States to break this target down into sub-targets; calls on the Commission to promote, with Eurostat, the production of more precise and more regular statistics and on this basis to conduct an annual evaluation of the situations of poverty in the EU;
Amendment 188 #
2011/2052(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to identify the budget lines relevant to the Platform in order to ensure adequate funding of the initiatives launched to combat poverty and social exclusion;
Amendment 221 #
2011/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the creation o f decent jobs through vocational training and the provision of personalised job-seeking assistance, in particular for disadvantaged groups; stresses the importance of education, initial and on-going training, apprenticeships and vocational training as a means of reducing poverty by securing access to employment; regards the provision of personalised job-seeking assistance as essential, and stresses that more measures of this kind must be taken to assist the most vulnerable sectors of the population;
Amendment 313 #
2011/2052(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s desire to clarify the legal framework applicable to social economy enterprises, which are central actors in the fight against poverty and social exclusion, so that there are no obstacles hindering their contribution to poverty reductionsocial progress in the EU;
Amendment 392 #
2011/2052(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for the establishment of a mechanism to assess the work of the European Platform Against Poverty and Social Exclusion on a regular basis in order to improve the Platform’s work and effectiveness;
Amendment 16 #
2011/2048(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the current economic climate makes it more important than ever to ensure optimal efficiency in public spending, whilst limiting costs borne by businesses as much as possible, and a better functioning procurement market would help achieve these two objectives;
Amendment 112 #
2011/2048(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that increased awareness of the environmental and climate impact of products and activities means that the possibility for public authorities to favour local suppliers in certain cases should be considered, and the extent to which internal market rules allow this examined;
Amendment 158 #
2011/2048(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks also that all avenues – both legislative and non-legislative – be explored to ensure that public procurement is more engaged in promoting innovation in Europe, for example by introducing a new procurement procedure that makes it possible to guarantee innovative businesses a better return on their investment;
Amendment 166 #
2011/2048(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Criticises the Green Paper’s failure to mention the shortcomings, the lack of expertise and knowledge about procurement; stresses the importance of promoting professionalism on the part of both contracting authorities and market operators, particularly by supporting the development of targeted training programmes; recommends setting up a network of centres of excellence within the existing national frameworks;
Amendment 38 #
2011/2024(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to make it clear that a declaration for the purposes of temporary mobility should be valid throughout the territory of a Member State and that competent authorities of different regions of the same Member State should not be allowed to ask for separate declarations for the same professional;
Amendment 45 #
2011/2024(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to look into the possibility of further extending the scope for automatic recognition in future;
Amendment 57 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out the need to update the minimum training requirements for the purposes of automatic recognition so as to reflect current professional practice; urges the Commission to adopt a competence-based approach in this regard by defining minimum training requirements not only in terms of duration, but also in terms of learning outcomes; considers that professional bodies, competent authorities, as well as consumer and patient organizations should be actively involved in this process;
Amendment 64 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Is of the opinion that, for the revised directive to be future-proof, the Commission should propose a simple mechanism for regular update of the minimum training requirements;
Amendment 83 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to encourage the cooperation between Member States and professional bodies in order to move towards a common practice in the area of continuous professional development;
Amendment 94 #
2011/2024(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that, in order to protect patients, practitioners providing e-Health services should ensure the same quality and safety standards as for the provision of non-electronic healthcare services; it should therefore be clarified that the requirements of this directive, and, if necessary, additional ones, should apply to e-Health service providers;
Amendment 112 #
2011/2024(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the mandatory introduction of the IMI for competent authorities in order to facilitate proactive administrative cooperation and simplify recognition procedures; considers that the IMI could be further enhanced, for instance by expanding the functionalities available in order to facilitate the work of national authorities;
Amendment 241 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) The services governed by the provisions of this Directive are listed in Annex XVIIa, Part A. Articles 84 to 86 of this Directive apply to the contracts for specific services listed in Annex XVIIb, Part B.
Amendment 295 #
2011/0439(COD)
Proposal for a directive
Article 12 – c
Article 12 – c
(c) EUR 1 000 000 for contracts for social and other specific services listed in Annex XVIIa B.
Amendment 467 #
2011/0439(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that, at the latest 23 years after the date provided for in Article 101(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 638 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Contracting entauthorities may take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entitieprohibit tenderers from submitting variants.
Amendment 643 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Contracting entities shall indicate in the specifications whether or not theyvariants are banned. Where no such indication is made, it shall be understood that variants are authorised. Where variants and, if so,re not prohibited, contracting entities shall specify the minimum requirements to be met by the variants and any specific requirements for their presentation. Where variants are authorised, tThey shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 647 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In procedures for awarding supply or service contracts, contracting entities that have authorisnot banned variants shallmay not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.
Amendment 683 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 6
Article 70 – paragraph 6
Amendment 701 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteriaon on which contracting entities shall base the award of contracts shall be one of the following:the most economically advantageous tender. Where the public contract concerns the supply of goods, particularly standardised goods, contracting authorities may base the award of the contract on the lowest cost criterion.
Amendment 705 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a
Article 76 – paragraph 1 – subparagraph 1 – point a
Amendment 710 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 815 #
2011/0439(COD)
Proposal for a directive
Title 2 – chapter 3 – section 3 – subsection 2 a (new)
Title 2 – chapter 3 – section 3 – subsection 2 a (new)
Amendment 894 #
2011/0439(COD)
Proposal for a directive
Article 84 – paragraph 1
Article 84 – paragraph 1
Contracts for social and other specific services listed in Annex XVIIa(B) shall be awarded in accordance with this Chapter where the value of the contracts is equal to or greater than the threshold indicated in Article 12(c).
Amendment 999 #
Amendment 1003 #
2011/0439(COD)
Proposal for a directive
Annex 17 a (new)
Annex 17 a (new)
Annex XVIIa Annex XVIIa – part A Services referred to in Article 1 1 Maintenance and repair 6112, 6122, 633, From 50100000-6 to 50884000-5 services 886 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services 712 (except From 60100000-9 to 60183000-4 (1), including armoured 71235), (except 60160000-7, 60161000-4, car services, and courier 7512, 87304 60220000-6), and from 64120000-3 to services, excluding 64121200-2 transport of mail 3 Air transport services: 73 (except 7321) From 60410000-5 to 60424120-3 passengers and freight, (except 60411000-2, 60421000-5), excluding transport of and 60500000-3 from 60440000-4 to mail 60445000-9 4 Transport of mail by 71235, 7321 60160000-7,60161000-4 60411000-2, land (2) and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to 64228200-2 services 72318000-7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, 814 From 66100000-1 to 66720000-3 (a) Insurances services (b) Banking and investment services (3) 7 Computer and related 84 From 50310000-1 to 50324200-4, services from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000- 3), 9342410-4 8 R&D services (4) 85 From 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0) 9 Accounting, auditing 862 From 79210000-9 to 79223000-3 and bookkeeping services 10 Market research and 864 From 79300000-7 to 79330000-6, and public opinion polling 79342310-9, 79342311-6 services 11 Management consultant 865, 866 From 73200000-4 to 73220000-0 services (5) and related from 79400000-8 to 79421200-3 and services 79342000-3, 79342100-4 79342300-6, 79342320-2 79342321-9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 From 71000000-8 to 71900000-7 engineering services and (except 71550000-8) and 79994000-8 integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 to From 70300000-4 to 70340000-6, and services and property 82206 from 90900000-6 to 90924000-0 management services 15 Publishing and printing 88442 From 79800000-2 to 79824000-6, and services on a fee or from 79970000-6 to 79980000-7 contract basis 16 Sewage and refuse 94 From 90400000-1 to 90743200-9 disposal services; (except 90712200-3 from 90910000-9 sanitation and similar to 90920000-2 and 50190000-3, services 50229000-6 50243000-0 ) (1) Except for rail transport services covered by Category 18. (2) Except for rail transport services covered by Category 18. (3) Except contracts for financial services in connection with the issue, purchase, sale or transfer of securities or other financial instruments, and central bank services. Also excluded are services for the acquisition or rental, by whatever financial means, of land, existing buildings, or other immovable property or concerning rights in respect thereof; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (4) Excluding research and development services other than those where the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, on condition that the service provided is wholly remunerated by the contracting authority. (5) Except arbitration and conciliation services. Annex XVII a – part B Services referred to in Article 12(c) and Article 84 Categories Subject CPC Reference CPV Reference No No 17 Hotel and restaurant 64 From 55100000-1 to 55524000-9, and services from 98340000-8 to 98341100-6 18 Rail Transport Services 711 From 60200000-0 to 60220000-6 19 Water transport services 72 From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 From 63000000-9 to 63734000-3 auxiliary transport (except 63711200-8, 63712700-0, services 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 From 79600000-0 to 79635000-4 and supply services (1) (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9 23 Investigation and 873 (except From 79700000-1 to 79723000-8 security services, except 87304) armoured car services 24 Education and 92 From 80100000-5 to 80660000-8 vocational education (except 80533000-9, 80533100-0, services 80533200-1); 25 Health and social 93 79611000-0, and from 85000000-9 to services 85323000-9 (except 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to 79995200-7, and and sporting services from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) 27 Other services (1) Except employment contracts.
Amendment 341 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The services governed by the provisions of this directive are listed in Annex XVI A. Articles 74 to 76 of this directive apply to the contracts for specific services listed in Annex XVI B.
Amendment 401 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 500 000 for public contracts for social and other specific services listed in Annex XVI B.
Amendment 625 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 23 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 979 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities may authoriseprohibit tenderers tofrom submitting variants. They shall indicate in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authoriseprohibit variants. Variants shall not be authorised without such indication.
Amendment 983 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variantWhere variants are not prohibited, contracting authorities shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 988 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
In procedures for awarding public supply or service contracts, contracting authorities thatwhich have authorisnot prohibited variants shallmay not reject a variant on the sole ground that it would, whereif successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.
Amendment 1038 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
Amendment 1082 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 3
Article 56 – paragraph 1 – subparagraph 3
Contracting authorities shall limit any conditions for participation to those that are appropriate to ensure that a candidate or tenderer has the legal and financial capacities and the commercial and technical abilities to perform the contract to be awarded. Consequently, in no case can a tender be rejected solely because it does not include a reference to previous contracts. All requirements shall be related and strictly proportionate to the subject- matter of the contract, taking into account the need to ensure genuine competition.
Amendment 1126 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
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. Where the public contract concerns the supply of goods, particularly standardised goods, contracting authorities may base the award of the contract on the lowest cost criterion.
Amendment 1130 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1140 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1393 #
2011/0438(COD)
Proposal for a directive
Article 74
Article 74
Contracts for social and other specific services listed in Annex XVI B shall be awarded in accordance with this Chapter, where the value of the contracts is equal to or greater than the threshold indicated in Article 4 (d).
Amendment 1585 #
Amendment 1592 #
2011/0438(COD)
Proposal for a directive
Annex 16 a (new)
Annex 16 a (new)
Annex XVIa Annex XVIa - Part A Services referred to in Article 1 Categories Subject CPC reference CPV Reference No No [1] 1 Maintenance and repair 6112, 6122, 633, From 50100000-6 to 50884000-5 services 886 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 502290006, 50243000-0), and from 51000000-9 to 51900000-1 2 Land transport services, 712 (except for including armoured car 71235), 7512, From 60100000-9 to 60183000-4 services, and courier 87304 (except for 60160000-7, 60161000-4, services, except 60220000-6), and from 64120000-3 to transport of mail 64121200-2 3 Air transport services of 73 (except for passengers and freight, 7321) From 60410000-5 to 60424120-3 except transport of mail (except for 60411000-2, 60421000-5), and 60500000-3 From 60440000-4 to 60445000-9 4 Transport of mail by 71235, 7321 60160000-7,60161000-4 60411000-2, land [2] and by air 60421000-5 5 Telecommunications 752 From 64200000-8 to 64228200-2 services 72318000-7, and from 72700000-7 to 72720000-3 6 Financial services: ex 81, 812, 814 a) Insurance services From 66100000-1 to 66720000-3 b) Banking and investment services [3] 7 Computer and related 84 From 50310000-1 to 50324200-4 services From 72000000-5 to 72920000-5 (except for 72318000-7 and from 72700000-7 to 72720000-3), 9342410- 4 8 R&D services [4] 85 From 73000000-2 to 73436000-7 (except for 73200000-4, 73210000-7, 73220000-0 9 Accounting, auditing 862 From 79210000-9 to 79223000-3 and bookkeeping services 10 Market research and 864 From 79300000-7 to 79330000-6, and public opinion polling 79342310-9, 79342311-6 services 11 Management consulting 865, 866 From 73200000-4 to 73220000-0 services [5] and related From 79400000-8 to 79421200-3 and services 79342000-3, 79342100-4 79342300-6, 79342320-2 79342321-9, 79910000-6, 79991000-7 98362000-8 12 Architectural services; 867 engineering services and From 71000000-8 to 71900000-7 integrated engineering (except for 71550000-8) and services; urban planning 79994000-8 and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services 13 Advertising services 871 From 79341000-6 to 79342200-5 (except for 79342000-3 and 79342100-4) 14 Building-cleaning 874, 82201 à services and property 82206 From 70300000-4 to 70340000-6, and management services from 90900000-6 to 90924000-0 15 Publishing and printing 88442 services on a fee or From 79800000-2 to 79824000-6 contract basis From 79970000-6 to 79980000-7 16 Sewage and refuse 94 From 90400000-1 to 90743200-9 disposal services; (except for 90712200-3 From sanitation and similar 90910000-9 to 90920000-2 and services 50190000-3, 50229000-6 50243000-0 (1) CPC Nomenclature (provisional version ), used to define the scope of Directive 92/50/EEC. (2) Except for rail transport services covered by category 18. (3) Except financial services relating to the issue, sale, purchase or transfer of securities and other financial instruments and services provided by central banks. Also excluded: services involving the acquisition or rental, by whatever financial procedures, of land, existing buildings, or other immovable property or concerning rights thereon; nevertheless, financial services supplied at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive. (4) Except research and development services other than those where the benefits accrue exclusively to the contracting authority and/or contracting entity for its use in the conduct of its own affairs on condition that the service provided is wholly remunerated by the contracting authority. (5) Except arbitration and conciliation services. Annex XVIa - Part B Services referred to in Articles 4(d) and 74 Categories Subject CPC reference CPV Reference No No [1] 17 Hotel and restaurant 64 From 55100000-1 to 55524000-9, and services from 98340000-8 to 98341100-6 18 Rail transport services 711 From 60200000-0 to 60220000-6 19 Water transport services 72 From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3 20 Supporting and 74 auxiliary transport From 63000000-9 to 63734000-3 services (except for 63711200-8, 63712700-0, 63712710-3, and from 63727000-1, to 63727200-3), and 98361000-1 21 Legal services 861 From 79100000-5 to 79140000-7 22 Personnel placement 872 and supply services [2] From 79600000-0 to 79635000-4 (except for 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9) 23 Investigation and 873 (except for From 80100000-5 to 80660000-8 security services, except 87304) (except for 80533000-9, 80533100-0, armoured car services 80533200-1) 24 Education and 92 From 80100000-5 to 80660000-8 vocational education (except for 80533000-9, 80533100-0, services 80533200-1) 25 Health and social 93 79611000-0, and from 85000000-9 to services 85323000-9 (except for 85321000-5 and 85322000-2) 26 Recreational, cultural 96 From 79995000-5 to 79995200-7, and and sporting services [3] from 92000000-1 to 92700000-8 (except for 92230000-2, 92231000-9, 92232000-6) 27 Other services (1) CPC Nomenclature (provisional version), used to define the scope of Directive 92/50/EEC. (2) Except employment contracts. (3) Except contracts for the acquisition, development, production or co-production of programmes by broadcasting organisations and contracts for broadcasting time.
Amendment 368 #
2011/0437(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure, taking into account the relevant case-law of the Court of Justice of the European Union. Any concession in force may be modified by means of a supplementary agreement. A new award procedure is required in, however, in the case of material changes to the initial concession, demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession. This is notably the case if the amended conditions would have had an influence on the outcome of the procedure, had they been part of the initial procedure. An exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession. Nevertheless, where a contract has reached its term the grantor and the concessionaire shall refrain from extensions for purposes of investments not essential to the performance of the concession and which would be implemented solely with a view to extending the duration thereof.
Amendment 505 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
Article 8 – paragraph 5 – subparagraph 1 – point b
(b) the acquisition, development, production or co-production of programme material intended for broadcasting, defined as transmission and distribution using any form of electronic network, that are awarded by broadcasterand related preparatory services intended for media services, nor to concessions for broadcasting time, that are awarded to broadcastersor distribution and transmission;
Amendment 844 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Any candidate or tenderer that is in one of the situations referred to in paragraphs 5 to 7 may provide the contracting authority or contracting entity with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.
Amendment 903 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Provided the overall nature of the concession remains the same, modification of the concession shall not be considered substantial where: (a) the modification has been provided for in the original concession contract in clear, precise and unequivocal review clauses or options which state the scope and nature of possible modifications as well as the conditions under which they may be used; (b) the value thereof does not exceed the threshold laid down in Article 6 and is below 10% of the updated value of the original contract. Where several successive modifications are made, the value shall be assessed on the basis of the updated cumulative value of the successive modifications.
Amendment 105 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionalsgrant partial access. In respect of professions with implications for public health, safety or health monitoring, a Member State could refuse to grant partial access were it to consider the quality of service provided to be lower. In case of overriding reasons of general interest, a Member State should always be able to refuse partial access.
Amendment 115 #
2011/0435(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2005/36/EC should also cover notaries. For recognition requests for establishment, Member States should be able to impose the necessary aptitude test or adaptation period to avoid any discrimination in the national selection and nomination procedures. In the case of free provision of services, notaries should not be able to draw up authentic instruments and carry out other activities of authentication which require the seal of the hostnot apply to the profession of notary in connection with recognition requests for establishment or the provision of services in another Member State.
Amendment 134 #
2011/0435(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Common training frameworks should also make it possible for regulated professions which are subject to an automatic recognition procedure based on coordination of minimum training conditions under Chapter III of Title III and in which new specialities are not covered by that automatic recognition procedure to secure recognition of such specialities on the basis of an automatic procedure.
Amendment 148 #
2011/0435(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeshiptraineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 168 #
2011/0435(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The advisory procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 171 #
2011/0435(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The examination procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules governing whether or not a European Professional Card should be introduced for a regulated profession.
Amendment 183 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends.
Amendment 192 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeshiptraineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 203 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) 'remunerated traineeship'‘traineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends’: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 237 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. TAt the request of professional organisations wishing to introduce European Professional Cards for the professions they represent, the Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58(3).
Amendment 331 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 f – paragraph 1
Article 4 f – paragraph 1
1. THaving consulted representative stakeholders, the competent authority of the host Member State shall grant partial access to a professional activity in its territory provided that the following conditions are fulfilled:
Amendment 337 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2005/36/CE
Article 4 f – paragraph 1 – point b (new)
Article 4 f – paragraph 1 – point b (new)
b a) opening up a professional activity with implications for public health, safety or health monitoring to partial access does not result in the quality of the service normally offered in the host member State being undermined.
Amendment 357 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 f – paragraph 2
Article 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public healthrelating to the public interest, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 378 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/CE
Article 5 – paragraph 1 – point bb)
Article 5 – paragraph 1 – point bb)
Amendment 387 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Amendment 430 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Amendment 544 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a)
Article 46 – paragraph 1 – point a)
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeshiptraineeship which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends;
Amendment 551 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b)
Article 46 – paragraph 1 – point b)
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.traineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends;
Amendment 558 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeshiptraineeship referred to in paragraph 1 must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 577 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point e
Article 49 a – paragraph 2 – point e
e) the profession concerned is neitherot covered by another common training framework nor regulated already under Chapter III of Title III;
Amendment 614 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language control shall be limited to the knowledge of one of the official languages of the Member State according towhich the choice of the person concerned,lder of a professional qualification needs in order to pursue his profession; it shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 632 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – title
Article 55 a – title
Recognition of remunerated traineeshiptraineeships which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends
Amendment 640 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeshiptraineeship, which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends, pursued in another Member State and certified by a competent authority of that Member State.
Amendment 657 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a – paragraph 1 – point j a (new)
Article 56 a – paragraph 1 – point j a (new)
ja) professions covered by the automatic recognition procedure under Chapter III of Title III of this Directive which are subject to a common training framework to ensure the relevant specialities are recognised in another Member State, with the exception of the profession of architect;
Amendment 707 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 (new)
Article 1 – paragraph 1 – point 46 (new)
Directive 2005/36/EC
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendment 56 #
2011/0394(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Global competition, demographic changes, resothe limited naturce constraintsof natural resources, in particular fossil resources, and emerging social trends generate challenges and opportunities for some sectors. For example, design-based sectors facing global challenges and characterised by a high proportion of SMEs need to adapt to reap the benefits and harness the untapped potential of high demand for personalised, inclusive products. As these challenges apply to all SMEs in the Union in these sectors, a concerted effort at Union level is necessary.
Amendment 84 #
2011/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission shall contribute to promotencouraging entrepreneurship by improving framework conditions affecting the development of entrepreneurship. The Commission shall support a business environment favourable to enterprise developmentstart- up, development and transfer and growth.
Amendment 90 #
2011/0394(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission may support actions to improve SMEs access to the Single Market including information provision (including through digital services) and awareness- raising, particularly in respect of standardisation and public procurement. These actions may also seek the removal of existing legal and regulatory barriers.
Amendment 97 #
2011/0394(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
c) ‘fitness checks’ of existing legislation and impact assessments of Union measures of particular relevance for the competitiveness and growth of enterprises, and in particular of SMEs and micro- enterprises, with a view to identifying areas of existing legislation that need to be simplified, or repealed and to ensure that burdens on SMEs are minimised in areas in which new legislative measures need to bare proposed;
Amendment 88 #
2011/0374(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Article 26(2) TFEU, the Internal Market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. In order for consumers to have confidence in and benefit from the digital dimension of the Internal Market, it is necessary that they have access to easy and low-cost, effective and free ways of resolving disputes which arise from the sale of goods or the supply of services online. This is particularly important when consumers shop cross- border.
Amendment 94 #
2011/0374(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Being able to seek easy and low-cost, effective and free dispute resolution can boost consumers' and traders' confidence in the digital market. Consumers and traders, however, still face barriers to finding out- of-court solutions in particular to their disputes arising from a cross-border online transaction. Thus, such disputes currently are often left unresolved.
Amendment 97 #
2011/0374(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Online dispute resolution offers a simple, effective and low-cost out-of-court solution to disputes arising from cross- border online transactions. However, there is currently a lack of mechanisms that allow consumers and traders to resolve such disputes via electronic means. This leads to consumer detriment, acts as a barrier to cross-border online transactions, creates an uneven playing field for traders and thus hampers the development of electronic commerce.
Amendment 103 #
2011/0374(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should not apply to disputes between consumers and traders that arise from the cross-border sale of goods or provision of services offline. This Regulation should not apply to neither claims by traders against consumers nor disputes between traders.
Amendment 107 #
2011/0374(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation aims at creating an online dispute resolution ('ODR') platform at European level. The ODR platform should take the form of an dedicated interactive website offering a single point of entry to consumers and traders seeking to resolve disputes out-of-court which have arisen from a cross-border e-commerce transaction. It should provide general information regarding the out-of-court settlement of contractual disputes between traders and consumers arising from the online sale of goods or provision of services. It should allow consumers and traders to submit complaints by filling in an electronic complaint form available in all official languages of the Union and inform them of the possibility of seeking assistance from facilitators if necessary in completing the form correctly. It should transmit complaints to an alternative dispute resolution ('ADR') entity competent to deal with the dispute concerned. The platform should offer to ADR entities and the parties the possibility of conducting the dispute resolution procedure via the platform.
Amendment 116 #
2011/0374(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) An ODR system at European level should build on existing ADR entities in the Member States and respect Member States' legal traditions. ADR entities to which a complaint has been transmitted via the ODR platform should therefore apply their own rules of procedure, including rules on cost. However, this Regulation intends to establish some common rules applicable to those procedures that will safeguard their effectiveness. This should include rules ensuring that such dispute resolution is accomplished expeditiously and without the need for the parties to be physically present before the ADR entity unless they specifically decide otherwise.
Amendment 120 #
2011/0374(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A network of online dispute resolution facilitators should provide support to parties seeking the resolution of disputes relating to complaints submitted via the ODR platform. That network should be composed of contact points for ODR in the Member States which host online dispute resolution facilitators. Facilitators should in particular provide consumers who so request with assistance in completing electronic claim forms correctly, as well as general information to parties requesting it regarding the principal consumer rights provisions applicable.
Amendment 126 #
2011/0374(COD)
Proposal for a regulation
Article 1
Article 1
The purpose of this Regulation is to contribute to the effective functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing an online platform facilitating the impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 129 #
2011/0374(COD)
Proposal for a regulation
Article 2
Article 2
This Regulation shall apply to the out-of- court resolution of contractual disputes arising from the cross-border online sale of goods or provision of services between consumers and traders through the intervention of an alternativeextrajudicial dispute resolution entity complying with Directive [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and involving the use of a European online dispute resolution platform.
Amendment 141 #
2011/0374(COD)
Proposal for a regulation
Article 4 – point i
Article 4 – point i
(i) "complainant party" means the consumer or the trader that has submitted a complaint via the European online dispute resolution platform;
Amendment 143 #
2011/0374(COD)
Proposal for a regulation
Article 4 – point j
Article 4 – point j
(j) "respondent party" means the consumer or the trader against whom a complaint has been submitted via the European online dispute resolution platform;
Amendment 144 #
2011/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’) on a dedicated internet site.
Amendment 146 #
2011/0374(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The ODR platform shall be an interactive website which can be accessed electronically and free of charge in all official languages of the Union. The ODR platform shall be a single point of entry to consumers and tradersseeking information regarding the out-of-court settlement of contractual disputes with traders arising from the online sale of goods or provision of services and/or seeking the out-of- court resolution of disputes covered by this Regulation.
Amendment 148 #
2011/0374(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a The ODR platform shall provide information regarding the out-of-court settlement of contractual disputes between consumers and with traders arising from the online sale of goods or provision of services.
Amendment 162 #
2011/0374(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The Commission shall be responsible for the ODR platform as regards its development, its operation, its maintenance and as regards data security and operation and as regards translations, user-friendliness maintenance, funding and data security. The development, operation, user- friendliness and maintenance of the platform shall respect the principles ‘privacy by design’ (respect for privacy from the design stage) and, as far as possible ‘design for all’ (useable by all, including the vulnerable, without the need for any particular adjustment).
Amendment 165 #
2011/0374(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The Commission shall ensure that information contained in the ODR platform regarding concerning the existence and characteristics of ADR procedures are accurate and up to date.
Amendment 176 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) providing consumers who so request with assistance in completing electronic claim forms correctly;
Amendment 178 #
2011/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a b (new)
Article 6 – paragraph 2 – point a b (new)
(ab) providing general information to parties who so request regarding the principal consumer rights provisions applicable;
Amendment 189 #
2011/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The ODR platform shall provide an online guide for those seeking assistance in completing electronic claim forms.
Amendment 191 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A complaint submitted to the ODR platform shall only be processed if the complaint form is fully completedall the necessary sections of the complaint form are fully completed. If this is not the case, the ODR platform shall inform the complainant party of the decision not to process the form and the reasons why. The platform shall also offer the complainant party the services of a facilitator in completing his electronic claim form should he so desire. If this is the case, the facilitator shall contact the complainant party for this purpose.
Amendment 232 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
Amendment 248 #
2011/0374(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where (a) the choice of the consumer corresponds to an ADR entity the trader has committed to use in accordance with Article 10(1) of Directive …./…/EU[Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Directive 2009/22/EC (Directive on consumer ADR)] or where(b) the parties choose the same ADR entity in their replies, the platform shall automatically transmit the complaint to that ADR entity. within seven calendar days from receipt of the complainant party’s reply regarding the choice of ADR. .
Amendment 253 #
2011/0374(COD)
Proposal for a regulation
Article 9 – point b
Article 9 – point b
(b) if, following the notification of the dispute to the parties, the parties agree to institute proceedings before the entity, accomplish the conclusion of the dispute resolution procedure within 390 calendar days from when the proceedings have been instituted. In the case of complex disputes, the ADR entity may extend this time limit;
Amendment 257 #
2011/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Access to information, including personal data, related to a dispute and stored in the database referred to in Article 10 shall be granted, for the purposes referred to in Article 9, only to the ADR entity to which the dispute was transmitted in accordance with Article 8. Access to the same information shall be granted also to ODR facilitators for the purposes referred to in Article 6(2) and (3).
Amendment 258 #
2011/0374(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The Commission shall provide parties to an ADR procedure with a guide containing clear and specific information regarding the treatment of their personal data by the ODR platform under Articles 11 and 12 of Regulation (CE) No 45/2001 and the relevant national legislation adopted under Articles 10 and 11 of Directive 95/46/EC, together with their rights in this respect.
Amendment 136 #
2011/0373(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors. This should includeIts scope should be limited to complaints submitted by consumers against traders but als. This Directive should not apply to complaints submitted by traders against consumers. This Directive should not apply or to disputes between traders; however, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out-of-court resolution of such disputes.
Amendment 142 #
2011/0373(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Consumers should be encouraged, as a first step, to contact the trader directly or to use the complaint handling system operated by the trader in an effort to find an amicable solution. This procedure could represent a swift way of resolving consumer disputes, although it should be available only for a limited period.
Amendment 147 #
2011/0373(COD)
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor to procedures before consumer compliant handling systems operated by the trader. It should not apply or to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 154 #
2011/0373(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) This Directive should apply to procedures before dispute resolution entities if the natural persons in charge of dispute resolution are employed or paid exclusively by the trader or a business association only if the following twin conditions are met, namely that the operating methods of the entities meet the requirements laid down in Chapter II of this Directive and the natural persons comply with the specific conditions laid down in Article 6(2a) of this Directive. In that connection, the dispute resolution entity in question should undergo at least once a year an evaluation conducted by the competent authority of the Member State in which the entity is established in order to ascertain whether it meets these twin conditions.
Amendment 164 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered independent and impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member. Special conditions should therefore apply to natural persons in charge of the alternative dispute resolution who are employed or remunerated exclusively by the trader or by a business association.
Amendment 171 #
2011/0373(COD)
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 dayscalendar days from the date of receipt of the complete complaint file by the ADR entity. The ADR entity should be able to extend this time period when the complexity of the dispute in question so demands.
Amendment 175 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedurefor consumers.
Amendment 194 #
2011/0373(COD)
Proposal for a directive
Recital 22
Recital 22
(22) When a dispute arises it is necessary that consumers are able to identify quickly which ADR entities are competent to deal with their complaint and to know whether or not the trader concerned will participate in proceedings submitt. Traders who commit to use ADR entities should therefore inform consumers about the address or website of the relevant ADR entity or entities by which they are covered. This information should be published in a clear and readily understandable form and mentioned toin an ADR entity. Traders should therefore provide such informaeasily, directly and permanently accessible way on the trader's website, where one exists, in the general terms and conditions on their main commercial documentsf contracts for the sale of goods or provision of services concluded between the trader and a consumer and, where they have a website, on their websitesnever a trader rejects a complaint submitted directly to him by a consumer. This obligation should be without prejudice to Articles 6(1)(t), 7(1) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of that Directive provides for consumer contracts concluded at a distance or off premises that the trader is to inform the consumer about the possibility of having recourse to an out- of-court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract.
Amendment 203 #
2011/0373(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Member States should ensure that ADR entities cooperate on the resolution of cross-border disputes and conduct regular exchanges of good practice as regards the settlement of both cross-border and domestic disputes.
Amendment 207 #
2011/0373(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Close cooperation between ADR entities and national authorities entrusted with the enforcement of Union legislation on consumer protection should strengthen the effective application of such Union legislation. With the same aim in view, the Commission should support and facilitate exchanges of experience between ADR entities at European level in order to encourage the use of best practice and exchanges of experience.
Amendment 216 #
2011/0373(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Since the objective of this Directive, namely to contribute, by achieving a high level of consumer protection, to the proper functioning of the internal market by ensuring a high level of consumer protection, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 217 #
2011/0373(COD)
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection, by achieving a high level of consumer protection, to the proper functioning of the internal market by ensuring that when disputes arise between consumers and traders can be submittedfollowing the sale of goods or the provision of services consumers can submit a complaint to entities offering impartial, independent, transparent, effective and fair alternative dispute resolution procedures.
Amendment 222 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of domestic and cross-border contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR procedures’, in cases where the consumer has been unable to obtain satisfaction from the trader.
Amendment 230 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed or paid exclusively by the trader; or a business association unless, in addition to the fact that the entities’ operating methods meet the requirements laid down in Chapter II of this Directive, the natural persons in question comply with the specific conditions laid down in Article 6(2a) of this Directive.
Amendment 234 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) disputes between traders;
Amendment 250 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive can be submitted to an ADR entityies which compliesy with the requirementsquality criteria set out in this Directive in cases where the consumer has been unable to obtain satisfaction from the trader.
Amendment 258 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) have a website enabling the parties to submit a complaint onlinerun and keep up to date a website which provides the parties with easy access to information concerning ADR procedures and enables consumers to submit a complaint online or provides them with a postal address to which they can send complaints and the requisite supporting documents;
Amendment 260 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) have sufficient resources (appropriate human, material and financial resources) ;
Amendment 261 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) enable the parties to exchange information with them via electronic means or by post;
Amendment 275 #
Amendment 277 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the natural persons in charge of alternative dispute resolution possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that they:
Amendment 280 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) possess the necessary knowledge, skills and experience, including legal experience, in the field of alternative dispute resolution;
Amendment 288 #
2011/0373(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 291 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that ADR entities make publicly available on their websites and in printed form at their premises clear and easily understandable information on:
Amendment 303 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) a list of the main decisions likely to influence the way in which consumers’ rights are interpreted, accompanied by general recommendations intended to prevent the reappearance of certain recurrent or significant disputes;
Amendment 309 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge or at moderate costs for consumers;
Amendment 315 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 calendar days from the date on which the ADR entity has received the full complaint file.
Amendment 325 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the parties have the possibility to express their point of view and, hear the arguments and facts put forward by the other party and any experts' statements and respond within a reasonable period;
Amendment 331 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – introductory part
Article 9 – paragraph 2 – point a – introductory part
(a) the consumerparties, before agreeing to a suggested solution, isare informed that:
Amendment 336 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
i) they hasve the choice as to whether or not to agree to a suggested solution;
Amendment 339 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point ii
Article 9 – paragraph 2 – point a – point ii
ii) the suggestwhere applicable the proposed solution may be less favourable than an outcome determined by a court applying legal rules;
Amendment 362 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which they undertake to use and which are competent to deal with potential disputes between themselves and consumers. Such information shall include the contact details and the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers.
Amendment 367 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be published in a clear and readily understandable form and mentioned in an easily, directly, prominently and permanently accessible way on the trader's website, where one exists, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts rewhenever a trader rejects a complating to such contractst submitted directly to him by a consumer. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 375 #
2011/0373(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Cooperation between ADR entities on the resolution of cross-border disputand exchanges of experience between ADR entities
Amendment 376 #
2011/0373(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shallould ensure that ADR entities cooperate on the resolution of cross-border disputes and conduct regular exchanges of good practice as regards the settlement of both cross-border and domestic disputes.
Amendment 378 #
2011/0373(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The Commission shall support and facilitate exchanges of experience between ADR entities in order to encourage the use of best practices, in particular through the ‘Consumers' programme.
Amendment 249 #
2011/0371(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The programme should include a strong international dimension particularly as regards higher educationvocational education and training, higher education and adult learning, not only to enhance the quality of European higher education and training in pursuit of the broader ET2020 objectives and the attractiveness of the Union as a study destination, but also to promote understanding between people and contribution to the sustainable development of higher education and training in the third countries.
Amendment 687 #
2011/0371(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) support to non-commercial European sport events involving several European countries and aimed at promoting social inclusion and equal opportunities, such as special events involving disadvantaged groups and people with disabilities;
Amendment 84 #
2011/0340(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 93 #
2011/0340(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d – paragraph 2
Article 3 – paragraph 1 – point d – paragraph 2
This objective will be measured in particular through the level of information flow and the effectiveness of cooperation within the Consumer Protection Cooperation Network and the activity of the European Consumer Centres, how well known they are to consumers and how satisfied consumers are with the assistance they received during the most recent dispute resolution procedure.
Amendment 96 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4
Article 4 – paragraph 1 – point b – point 4
(4) bBuilding and improving access to the evidence base for policy- making in areas affecting consumers, for designing smart and targeted regulations and for detecting any market malfunctioning or changes in consumers’ needs;
Amendment 98 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 5 a (new)
Article 4 – paragraph 1 – point b – point 5 a (new)
(5a) capacity building for local, regional, national and European consumer organisations, increasing transparency and stepping up exchanges of best practice and expertise;
Amendment 106 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 9
Article 4 – paragraph 1 – point c – point 9
(9) facilitating access to and monitoring of the functioning and the effectiveness of individual and, where appropriate, collective dispute resolution mechanisms for consumers, in particular of alternative dispute resolution schemes, including on- line, also through the development and maintenance of relevant IT tools, devoting particular attention to specific measures for vulnerable persons such as older people and/or people with lower levels of educational attainment;
Amendment 112 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 2 – point c
Annex I – point 2 – point c
(c) exchanges of enforcement officials and training focusing in particular on high- risk sectors;
Amendment 113 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 4 – introductory part
Annex I – point 4 – introductory part
4. Building and improving access to the evidence base for policy- making in areas affecting consumers , for designing smart and targeted regulations and for detecting any market malfunctioning or changes in consumers’ needs
Amendment 114 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 5 – introductory part
Annex I – point 5 – introductory part
5. Support toFinancial contributions to the functioning of European consumer organisations.
Amendment 115 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 5 – point b
Annex I – point 5 – point b
(b) capacity building for local, regional, national and European consumer organisations, notably through training available in various languages and throughout the European Union and exchange of best practice and expertise for staff members, in particular for consumer organisations in Member States where they are not sufficiently developed or which demonstrate a relatively low level of consumer confidence and awareness as evidenced by monitoring of consumer markets and the consumer environment in the Member States;
Amendment 117 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 5 a (new)
Annex I – point 5 a (new)
5a. Capacity building for local, regional, national and European consumer organisations, increasing transparency and stepping up exchanges of best practice and expertise;
Amendment 118 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 6 – introductory part
Annex I – point 6 – introductory part
6. Enhancing the transparency of consumer markets and consumer information, particularly through comparison websites providing comparable, reliable and easily accessible data, including for cross-border cases
Amendment 124 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 7 – introductory part
Annex I – point 7 – introductory part
7. Enhancing consumer education as a life- long process
Amendment 125 #
2011/0340(COD)
Proposal for a regulation
Annex I – Objective III – title
Annex I – Objective III – title
Rights and redress: to consolidatedevelop and strengthen consumer rights in particular through regulatory action and improving access to individual and, where appropriate, collective redress including alternative dispute resolution
Amendment 126 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 9 – introductory part
Annex I – point 9 – introductory part
9. Facilitating access to and monitoring of the functioning and the effectiveness of individual and, where appropriate, collective dispute resolution mechanisms for consumers, in particular of alternative dispute resolution schemes, including on- line, also through the development and maintenance of relevant IT tools devoting particular attention to specific measures for vulnerable persons such as older people and/or people with lower levels of educational attainment; monitoring of the functioning and the effectiveness of dispute resolution mechanisms for consumers, also through the development and maintenance of relevant IT tools and the exchange of existing best practice and experience in the Member States
Amendment 129 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 11 – introductory part
Annex I – point 11 – introductory part
11. Financial contributions for joint actions and the signing of partnership agreements with public or non-profit bodies constituting Community networks which provide information and assistance to consumers to help them exercise their rights and obtain access to appropriate dispute resolution, including out of court online resolution schemes (the European Consumer Centres Network), including
Amendment 133 #
2011/0340(COD)
Proposal for a regulation
Annex II – Objective 3 – title
Annex II – Objective 3 – title
Objective 3: Rights and redress: to consolidatedevelop and strengthen consumer rights in particular through regulatory action and improving access to individual and, where appropriate, collective redress including alternative dispute resolution
Amendment 340 #
2011/0284(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In the frame of the revision of the consumer acquis started in 2004 by the European Commission's Green Paper, the recently adopted Directive 2011/83/EU on consumer rights deals with the most important contract law related areas of consumer distance and doorstep selling transactions. This directive will be operational as of mid-2014 and will provide a uniform legal framework for business-to-consumer transactions and in particular for business-to-consumer e- commerce.
Amendment 341 #
2011/0284(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Approximating consumer contract law through legal harmonization on a high level of protection which applies to all market players is the most appropriate approach to strengthen consumer confidence in cross-border transactions and to facilitate EU wide trade.
Amendment 342 #
2011/0284(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The consumer acquis needs to be updated in order to face the challenges of societal and economic developments included the digital economy. Consumers need a framework of solid rights for purchasing safely and on fair conditions within the Single Market. Directive 2011/83/EU on consumer rights provided a review of consumer protection rules mainly in relation to specific selling methods, namely distance and door-step selling. The field of legal guarantees is highly important to consumers and business alike and requires further approximation and modernization which is provided by this directive.
Amendment 347 #
2011/0284(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purchase of second hand goods, Article 7 (1) of Directive 1999/44 on Consumer Sales stipulates that Member States can allow traders to reduce the guarantee period to one year. Given the increasing importance of the second-hand market for European consumers in this time of economic crisis and given the need to promote more sustainable consumption, a reduction of the legal guarantee to one year is no longer justified. The guarantee period for second hand goods should rather be assessed on the base of the definition of requirements for the conformity of the goods or digital content as provided for in this directive.
Amendment 348 #
2011/0284(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The rules on legal guarantees have an important role to play in promoting suitable products and are relevant in the context of the EU strategy on Integrated Product Policy. In order to promote sustainable consumption, consumers' confidence in products developed on the basis of the standards laid down in the eco-design legislation, it is necessary to ensure that the consumer counts on guarantee rights thorough the life cycle of the eco-designed product. This period of time should be established in reference to the implemented measures of Directive 2009/158/EC which requires an assessment of the life expectance of the product.
Amendment 488 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 141 a (new)
Annex 1 – Article 141 a (new)
Amendment 489 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 141 b (new)
Annex 1 – Article 141 b (new)
Direct producer's liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the time of the passing of risk to the consumer for the good or digital content within the time period specified in Article 10. The consumer has the right to choose between repair and replacement, under the conditions stipulated in Article 7 paragraph 1. 2. The producer shall repair or replace the goods, at the latest 30 days after having been notified of the lack of conformity. 3. This Article is without prejudice to the provisions of national law extending the liability to other parties such as the importer or the carrier or concerning the right of contribution or recourse.
Amendment 498 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 158 a (new)
Annex 1 – Article 158 a (new)
Reporting by the Commission (planned durability) By [...], the Commission shall (a) undertake research to identify, analyse and assess the impact of planned durability on the life cycle of products, and (b) submit a report to the European Parliament on the transposition of this directive with the necessary measures to address the problematic of planned durability of products.
Amendment 499 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 158 b (new)
Annex 1 – Article 158 b (new)
Right of redress 1. Where the final seller is liable to the consumer because of a lack of conformity resulting form an act or omission by the producer, a previous seller or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. 2. Member States shall establish the remedies refereed in paragraph 1 and conditions of exercise.
Amendment 500 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 158 c (new)
Annex 1 – Article 158 c (new)
Reporting and review of unfair contract terms legislation The European Commission shall by [xxx] submit a report to the European Parliament on the application of Directive 93/13/EEC on unfair terms in consumer contracts in different sectors which fall within its scope of application, and as appropriate, present proposals to the European Parliament and the Council for amending it.
Amendment 451 #
2011/0281(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union.
Amendment 456 #
2011/0281(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that private storage has the desired effect on the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; and conditions for granting of an advance payment and conditions for re-marketing and disposal of products including making them available for the scheme for food distribution to the most deprived in the Union.
Amendment 733 #
2011/0281(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
Amendment 877 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, disposed of or made available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No [...];
Amendment 35 #
Amendment 48 #
2011/0187(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the separate provision of a separate sale offree roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services, with roaming services being provided anywhere in the Union and with the same level of quality. Consumers opting to keep the same operator for roaming services should be able to choose to have their roaming services directly deducted from their credit for national communications, so that they are only charged over and above their normal package tariff once their national credit has been used up.
Amendment 58 #
2011/0187(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) During the transitional period of safeguard caps, new roaming customers should be fully informed of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period and of the applicable Eurotariffs, they express a choice to their operator. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
Amendment 60 #
2011/0187(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) A common set of rules regarding unitisation of Eurotariff bills at retail level should therefore be introduced in order to further strengthen the single market and provide throughout the Union a commonthe same high level of protection to consumers of Union- wide roaming services.
Amendment 64 #
2011/0187(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis, for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30rom the first seconds, for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set-up costs are already covered by mobile termination rates calls made or received subject to a Eurotariff.
Amendment 70 #
2011/0187(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Providers of roaming services should not charge the roaming customer for any regulated data roaming service, unless and until the roaming customer accepts the provision of the service. Moreover, customers agreeing to the provision of such services should be made aware that smartphones may carry out roaming data transfers without their knowledge. They should be provided, free of charge, with details of how to prevent such transfers.
Amendment 77 #
2011/0187(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Union and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should give their customers, on request and free of charge, additional information on the per- minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State. Since certain customer groups might be well informed about roaming charges operators should provide a possibility to easily opt-out from this automatic message service. However, this opt-out request should only concern the Member State visited, and should not automatically apply throughout the European Union unless the consumer has explicitly requested it.
Amendment 79 #
2011/0187(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs for the period concerned and should send a clear and unbiased communication to these customers in writing describing the conditions of the Eurotariff and the right to switch to and from it.
Amendment 83 #
2011/0187(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) In particular, mobile operators should provide their roaming customers, free of charge, with personalised tariff information on the charges applicable to those customers for data roaming services every time they initiate a data roaming service on entering another Member State. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension, and in such a manner as to enable easy access to it at a later date.
Amendment 85 #
2011/0187(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) In order to facilitate customers’' understanding of the financial consequences of the use of regulated data roaming services and to permit them to monitor and control their expenditure, when the contract is signed and at any time thereafter upon the customer’s request, the home provider should give free examples for data roaming applications, such as e-mail, picture and web-browsing, by indicating their approximate size in terms of data usage.
Amendment 87 #
2011/0187(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) In addition, in order to avoid bill shocks, mobile operators should define one or more maximum financial and/or volume limits for their outstanding charges for data roaming services, expressed in the currency in which the roaming customer is billed, and which they should offer to all their roaming customers, free of charge, with an appropriate notification, in a media format that can be consulted again subsequently, when this limit is being approached. Upon reaching this maximum limit, customers should no longer receive and be charged for those services unless they specifically request continued provision of those services in accordance with the terms and conditions set out in the notification. In this case, they should receive free confirmation, in a media format that can be consulted again subsequently. Roaming customers should be given the opportunity to opt for any of these maximum financial or volume limits within a reasonable period or to choose not to have such a limit. Unless customers state otherwise, they should be put on a default limit system.
Amendment 91 #
2011/0187(COD)
Proposal for a regulation
Recital 74
Recital 74
Amendment 132 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding three monthsone month as from the day on which the request to do so is made.
Amendment 135 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually and in a durable media format with full information on the possibility to choose an alternative roaming provider and facilitatenot hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not restrict or prevent retailers serving as their points of sale tofrom offering contracts for separate roaming services with alternative roaming providers.
Amendment 179 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,285 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 and EUR 0,08 on 1 July 2013 and 1 July 2014 respectively. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 182 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Amendment 199 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. With effect from 1 July 2014, that charge may not exceed EUR 0,06. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 227 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. No later than 30 June 2012, home providers shall inform all their roaming customers individually, and in a durable media format, about the Euro-data tariff, that it will apply from 1 July 2012 at the latest to all roaming customers who have not made a deliberate choice of a special tariff or package applicable to regulated data services, and about their right to switch to and from it in accordance with paragraph 5.
Amendment 260 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 262 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain tonotify their customers, free of charge and in a clear and easily understandable manner, howof what they have to do to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services.
Amendment 275 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer’s mobile telephone or other device, for example by an SMS message, or an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member State. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 286 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent to the roaming customer’s mobile telephone or other device, for example by an SMS message, or an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 22 #
2011/0156(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and on food for special medical purposes and for use in energy-restricted diets for weight reduction (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 27 #
2011/0156(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: ‘food intended to meet the expenditure of intense muscular effort, especially for sportsmen’ and ‘food for persons suffering from carbohydrate metabolism disorders (diabetes)’. With regard to food intended to meet the expenditure of intense muscular effort, no successful conclusion could be reached as regards the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be includ. Given that there is a genuine problem as regards harmonisation of this sector of the food market in the EU, high demand from sportspeople and a need, the criteria for establishing composition requirements and the potential impact on innovation in product developmento clarify the relevant labelling rules, by 2015, the Commission, having consulted the European Food Safety Authority, ought to update the report of 28 February 2001 on the foods concerned and, if necessary, come up with some proposals. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report concludes that the scientific basis for setting specific compositional requirements is lacking.
Amendment 35 #
2011/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and, food for special medical purposes and foodstuffs intended for use in energy-restricted diets for weight reduction. Experience has shown that the provisions laid down in Commission Directives 2006/141/EC, Commission Directive 2006/125/EC, as well as Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal- based food and baby food for infants and young children and to, food for special medical purposes, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC and foodstuffs intended for use in energy-restricted diets for weight reduction, taking into account the four directives mentioned above.
Amendment 41 #
2011/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes and foodstuffs intended for use in energy- restricted diets for weight reduction should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 47 #
2011/0156(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes, taking into account Commission Directives 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/212006/125/EC, 1999/21/EC and 96/8/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, foodstuffs intended for use in energy-restricted diets for weight reduction and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries 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.
Amendment 62 #
2011/0156(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) ‘Meal replacement for weight control’ and ‘total diet replacement for weight control’ are considered as food for particular nutritional uses and are governed by specific rules adopted under Directive 96/8/EC. However, more and more food intended for the general population has appeared on the market carrying similar declarations which are presented as health claims for weight control. In order to eliminate any potential confusion between food marketed for weight control and in the interests of legal certainty and coherence of Union legislation, such statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursua, foodstuffs used in energy-restricted diets for weight reduction should be covered in this regulation. In view of the risks that it presents to Regulation (EC) No 1924/2006, incorporating the health claims referring to the body weight controlhuman health and because it needs to be used under supervision, forod food presented as ‘total diet replacement for weight control’ and as ‘meal replacement for weight control’ and associated conditions of use as regulated under Directive 96/8/EC be completed prior to the entry into application of this Regulationr use in very low calorie diets (less than 800 calories a day) should be governed by Directive 1999/21/EC.
Amendment 73 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) infant formula and follow-on formula for infants in good health;
Amendment 74 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) processed cereal-based food and baby food for infants and young children in good health;
Amendment 81 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) foodstuffs for use in energy-restricted diets for weight reduction;
Amendment 92 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘food for special medical purposes’ means food intended for the dietary management of patients to be used under medical supervision. It is intended for the exclusive or partial feeding of patients with a limited, impaired or disturbed capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients contained therein, or with other medically-determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet. Food for special medical purposes also includes food preparations used in very low calorie diets.
Amendment 97 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) foods for use in energy-restricted diets for weight reduction, specially formulated foods which, when used as instructed by the manufacturer, replace the whole or part of the total daily diet. These foods fall into three categories: (i) products presented as replacing all of the total daily diet; (ii) products presented as a replacement for one or more meals of the daily diet; (iii) products presented as replacing part of a meal. These do not include products or programmes intended to replace the daily diet in very low calorie diets (less than 800 calories a day), which come into the category of food for special medical purposes.
Amendment 106 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’ and, ‘food for special medical purposes’ and ‘foods for use in energy-restricted diets for weight reduction’, taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 109 #
2011/0156(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited: (a) the use of the expression ‘specialised nutrition’, either alone or in conjunction with other words, to designate those foodstuffs; (b) all other markings or any presentation likely to give the impression that one of the products referred to in Article 1 is involved.
Amendment 133 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC and Directive 96/8/EC as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 150 #
2011/0156(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Directive 96/8/EC and Regulation (EC) No 41/2009 areis repealed from [the first day of the month 2two years after the date of the entry into force of this Regulation].
Amendment 84 #
2011/0150(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Standards can contribute to helping European policy address the major societal challenges such as climate change, sustainable resource use, ageing, and innovation in general. By driving the development of European or international standards for goods and technologies in these expanding markets, Europe could create a competitive advantage for its companies and facilitate trade, preserve natural resources and promote social inclusion.
Amendment 98 #
2011/0150(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened, through the support of organisations representing the interests of consumers, the environment, business and societal stakeholders.
Amendment 134 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
(c) the characteristics required of a service including levels of quality, performance, interoperability, protection of the environment and public health, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as referred to in Article 22(1) to (3) of Directive 2006/123/EC;
Amendment 141 #
2011/0150(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. No later than at the time oftwo months prior to the publication of its work programme, any European and national standardisation body shall notify the existence thereof to the other European and national standardisation bodies and to the Commission, which shall send their comments no later than one month after such communication.
Amendment 144 #
2011/0150(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each European and national standardisation body shall systematically send any draft national standard, European standard and European standardisation deliverable to other European and national standardisation bodies and the Commission, upon their request.
Amendment 148 #
2011/0150(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(ba) the avoidance of any act of recognition, approval or use by reference to a national standard adopted in breach of Articles 3 or 4 of this Regulation.
Amendment 157 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. European standardisation bodies shall ensure an appropriate representation and participation of small and medium-sized enterprises (hereinafter 'SME'), consumer organisations and environmental and social stakeholders, in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:
Amendment 162 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) consensus building;
Amendment 185 #
2011/0150(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. TAfter consultation with the European standardisation bodies and all relevant stakeholders, including the organisations referred to in Annex III, the Commission shall adopt an annual European standardisation work programme which shall indicate the European standards and European standardisation deliverables that it intends to request from the European standardisation bodies in accordance with Article 7.
Amendment 192 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, comply with the principle of universal design, take into account the public interest and be based on consensus. European standardisation bodies shall observe this deadline without prejudice to the requirement referred to in Article 5(1).
Amendment 233 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, abstracts of standards, best practice information and awareness- building actions;
Amendment 236 #
2011/0150(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) legal and technical expertise, including studies, in relation to assessment of the need for, and the development of, European standards and European standardisation deliverables, and training of experts;
Amendment 244 #
2011/0150(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) SME, consumer organisations and environmental and social stakeholders are appropriately represented and have appropriate participation in European standardisation work, as referred to in Article 5(1).
Amendment 262 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – point 3 – point f a (new)
Annex 2 – point 3 – point f a (new)
(fa) the principle of coherence is respected: the technical specifications must not contradict existing national, European and international standards or those in the process of being drafted, nor must they duplicate them.
Amendment 266 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point b – point ii
Annex 3 – point b – point ii
(ii) has as its statutory objectives and activities to represent consumer interests, including consumers who are particularly vulnerable because of their mental or physical disabilities, age or credulity, in the standardisation process at European level;
Amendment 38 #
2011/0058(CNS)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The common rules on the calculation of the common tax base must not give rise to disproportionate administrative costs for companies, in order to avoid damaging their competitiveness.
Amendment 93 #
2011/0058(CNS)
Proposal for a directive
Article 104 – paragraph 3
Article 104 – paragraph 3
3. The principal tax authority shall transmit the notice to opt immediately to the competent authorities of all Member States in which group members are resident or established. Those authorities may submit to the principal tax authority, within one month of the transmission, their views and any relevant information on the validity and scope of the notice to opt. Once the option has been accepted, the principal tax authority shall coordinate fiscal supervision in all Member States where members of the group are resident or established.
Amendment 3 #
2011/0001(COD)
Proposal for a regulation – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) It is necessary to assess the effectiveness and operational mechanisms of Regulation (EC) No 2006/2004 and examine in detail the possible inclusion in its Annex of all laws that protect consumers' interests, with a view to broadening the scope of that regulation and providing national law-enforcement authorities with improved means of detecting, investigating and halting or preventing breaches of the law which harm the collective interests of consumers in cross-border situations. To that end, the Commission should submit as soon as possible, and at all events by 31 December 2014 at the latest, a report to the European Parliament and the Council based on an external evaluation and extended consultation of all stakeholders and accompanied, if appropriate, by a legislative proposal.
Amendment 5 #
2011/0001(COD)
Proposal for a regulation – amending act
Article -1 a (new)
Article -1 a (new)
Regulation (EC) No 2006/2004
Article 21 a (new)
Article 21 a (new)
Amendment 150 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the need to adopt a Statute for a European Private Company to facilitate the establishment and operation of small and medium-sized enterprises in the Single Market;
Amendment 236 #
2010/2277(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges the Commission to take all the necessary steps to stimulate the development of electronic commerce in the Single Market;
Amendment 237 #
2010/2277(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Invites the Commission to propose legislative instruments to make public procurement procedures more flexible and less bureaucratic so that the participation of SMEs in award procedures is facilitated; encourages Member States to use public procurement in order to stimulate the market for innovative and green technologies;
Amendment 23 #
2010/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Digital Agenda's 'Broadband for all' objectives and is convinced that universal access to broadband helps citizens and business to reap the full benefits of the Digital Single Market, in particular by improving social inclusion, and creating new opportunities for socially and environmentally innovative businesses driving jobs, growth and more opportunities for cross border trade;
Amendment 66 #
2010/2274(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to examine how messages sent via mobile telephones, videos, innovative services such as VoIP and the social networks can be used in emergency communications in order to facilitate and increase the use of the 112 number by EU citizens;
Amendment 77 #
2010/2274(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises the need to guarantee accessibility of the 112 number to people with different types of disability and vulnerable groups and urges for the standardisation of 112 accessibility for these people; calls also on the Commission and the Member States to step up their efforts to heighten awareness among these people of the 112 number through the use of means of communication specially adopted to their needs;
Amendment 36 #
2010/2109(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the need to further analyse price differences in the EU, in order to ensure greater price transparency and comparability for consumers, without prejudice to national fiscal and labour market rules; recalls in this context the importance of methodically collecting prices of goods which are comparable throughout the Member States and the need for active cooperation between national statistical agencies to this effect;
Amendment 66 #
2010/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that accessibility must be addressed in full respect of subsidiarity; underlines, however, that local planning must not circumvent the Services Directive and create hidden barriers to the establishment of retailers;
Amendment 73 #
2010/2109(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that e-commerce is an important complement to offline trade and that appropriate action must be taken to develop its full potential; calls on the Commission to include in the upcoming Communication on e-commerce measures to enhance confidence, in particular by simplifying registration of domains across borders, improving secure online payment and facilitating cross-border debt recovery, and improving information to consumers on their rights, particularly concerning cancellations and opportunities to appeal;
Amendment 96 #
2010/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes note, however, of a widespread concern about market dominance by bigger actors, who are perceived to impose unfair terms on suppliers and smaller traders, for instance through mechanisms of selective distribution, restrictive practices, territorial segmentation, price control and delisting without notice, thereby distorting competition; underlines that the entire retail supply chain is affected by such practices;
Amendment 109 #
2010/2109(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that the development of private labels should not affectbe developed in such a way as to increase consumer choice or theand make it possibilityle for SMEs to expand;
Amendment 119 #
2010/2109(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the excellent work underway by the Experts Platform on B2B contractual practices of the High Level Forum for a Better Functioning Food Supply Chain, in particular to define, list and assess what constitutes a manifestly unfair commercial practice, based on data and concrete examples; calls for strong support to be given to initiatives to promote dialogue on this between the interested parties;
Amendment 149 #
2010/2109(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Asks the Commission to prepare a comprehensive European Action Plan for Retail in consultation with the retail sector in order to set out a strategy, building on achievements and addressing outstanding issues, with sector-specific recommendations;
Amendment 3 #
2010/2052(INI)
Motion for a resolution
Recital A
Recital A
A. whereas advertising fosters competition and competitiveness, combats abuses of dominant positions and encourages innovation in the internal market, and is consequently of benefit to consumers, from this point of view is of benefit to consumers, particularly by increasing the range of choice, lowering prices and providing information on new products,
Amendment 14 #
2010/2052(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas in view of a degree of consumer fatigue at the proliferation of advertising messages there is a temptation today to use the new communications technologies to disseminate commercial messages even when they are not clearly designated as such and are thus likely to mislead consumers,
Amendment 23 #
2010/2052(INI)
Motion for a resolution
Recital F
Recital F
F. whereas groups of people who are particularly vulnerable because of their mental or physical disabilities, age or credu, credulity or financial vulnerability need special protection,
Amendment 31 #
2010/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Maintains that the UCPD provides an appropriateessential legal framework for combating misleading and aggressive advertising, althoughrecognises that it is not yet possible to undertake a comprehensive evaluation but that several difficulties with implementation and interpretation are already apparent;
Amendment 37 #
2010/2052(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 42 #
2010/2052(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to update its guidelines on the implementation of the UCPD on a regular basis; encourages, and calls on the Member States to take those guidelines into account as far as possible;
Amendment 53 #
2010/2052(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the practice of self- regulation, which i – even if it has its limits – as a dynamic, flexible and responsible adjunct to the existing legislative framework; calls on those Member States that do not yet have self- regulatory bodies to facilitate the establishment of such bodies and/or grant them formal recognition;
Amendment 56 #
2010/2052(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 61 #
2010/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages co-regulation, whereby the various stakeholders are involved in legislative developmentCalls for the practice of co-regulation to be set up, associating the public authorities of the Member States with the various stakeholders concerned (professionals and associations) when self-regulation is insufficient, whether on particularly sensitive subjects or to define the penalties for serious breaches of the ethical rules;
Amendment 66 #
2010/2052(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out that the campaign at European level against this hidden advertising is of great importance for cleaning up the market and boosting consumer confidence, as to some professionals it may be a means of bending the competition rules and artificially over-valuing, without cost, their own company or even unfairly maligning a competitor;
Amendment 83 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
– prohibit the systematic, indiscriminate sending of text message advertisements to all mobile phone users within the coverage area of an advertising poster equipped with Bluetooth technology without their prior consent;deleted (moved to paragraph 16a)
Amendment 85 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– prohibit the content of private e-mails being read by a third party for advertising purposes;deleted (amended and moved to paragraph 16a)
Amendment 89 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– require advertisements sent by e-mail to contain an automatic link enabling the recipient to refuse all further advertising;deleted (moved to paragraph 16a)
Amendment 91 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 5
Paragraph 16 – indent 5
– ensure the application of techniques making it possible to distinguish advertising tracking cookies, for which free and explicit prior consent is required, from other cookiesdeleted (moved to paragraph 16a);
Amendment 106 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 8 b (new)
Paragraph 16 – indent 8 b (new)
- pay particular attention, in cooperation with national advertising authorities and/or self-regulatory bodies, to misleading advertising, including online, in specific sectors such as the selling of food products, pharmaceuticals and medical care, where the health of consumers, on top of their economic interests, is likely to be affected with potential serious consequences;
Amendment 109 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to explore by the end of 2011 the various means (whether legislative or not) and ascertain the technical options for securing, at European Union level: – prohibition of the systematic, indiscriminate sending of text message advertisements to all mobile phone users within the coverage area of an advertising poster equipped with Bluetooth technology without their prior consent; – prohibition of the reading by a third party, particularly for advertising purposes, of the content of private e- mails; – the requirement that advertisements sent by e-mail contain an automatic link enabling the recipient to refuse all further advertising; – the systematic application of techniques making it possible to distinguish advertising tracking cookies, for which free and explicit prior consent is required, from other cookies; – insertion of the words ‘behavioural advertisement’ in the relevant online advertisements, along with a window containing a basic explanation of this practice; – prohibition of any action financed directly or indirectly by companies to encourage the dissemination of messages or comments in electronic form on products and services appearing to emanate from consumers themselves, when in reality these are messages of an advertising or commercial nature;
Amendment 123 #
2010/2052(INI)
Motion for a resolution
Paragraph 20 – indent 1
Paragraph 20 – indent 1
include some additional advertising-related indicators in the Consumer Markets Scoreboard (as well as the data already included on fraudulent or mendacious advertising); draws attention, however, in this connection to the terms of its resolution of 9 March 20101 stipulating that adding further indicators may be useful when the five basic indicators and the associated methodology have been developed to a sufficiently high level;
Amendment 129 #
2010/2052(INI)
Motion for a resolution
Paragraph 20 – indent 4
Paragraph 20 – indent 4
– insert the clearly readable words ‘behavioural advertisement’ into the relevant online advertisements, along with a window containing a basic explanation of this practice;
Amendment 130 #
2010/2052(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to set up common guidelines for SMEs and on the Member States to encourage national authorities and/or self- regulatory bodies to provide advisory services for SMEs and conduct information campaigns designed to alert SMEs to their legal obligations in respect of advertising;
Amendment 25 #
2010/2051(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the European Union and Member States should make it possible to take greater account of the interests of SMEs and craft enterprises when drawing up standards by implementing the strategic measures contained in the 'Small Business Act', in accordance with its seventh principle: EU financial support, cutting the cost of access to standards, the systematic publication of abstracts of European standards, and the equitable composition of standardisation committees;
Amendment 56 #
2010/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need, which has been recognised since the 1990s, to ensure direct participation by SMEs, craft enterprises and societal stakeholders at European level in order to reflect their views more effectively, given that their representation on national technical committees remains weak; affirms that, as very limited progress has been made to increase participation by SMEs, craft enterprises and societal stakeholder participations at national level, financial and political support for the European organisations established to represent such stakeholders needs to be maintained at least in the period to 2020;
Amendment 68 #
2010/2051(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes recent developments in the International Organisation for Standardisation (ISO), in particular the model used to develop the ISO 26000 standard on social responsibility, in which national standards bodies were entitled to nominate to the respective working group only one representative from each of six stakeholder categories (industry, consumers, government, labour, NGO, SSRO (service, support, research and others)) that were identified; considers however that the industry category should be represented, where appropriate, by a second expert representing SMEs;
Amendment 85 #
2010/2051(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Member States to ensure effective representation of all relevant stakeholders on national technical committees by establishing monitoring and reporting mechanisms and, where necessary, providing financial support to SMEs, craft enterprises and weaker societal stakeholders in order to facilitate their participation;
Amendment 112 #
2010/2051(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises that fora and consortia contribute considerably to the standardisation system by providing specifications with global relevance, which are often more receptive to innovative technologies; points out that, most notably in the ICT sector, a number of fora and consortia have evolved into global organisations producing widely implemented specifications on the basis of open, transparent and consensus-based development processes; believes that the ESOs and fora/consortia must find ways of cooperating in planning their activities by transferring standards to the most appropriate level, international or European, in order to ensure coherence and avoid fragmentation or duplication; calls on the ESOs to develop and implement an improved mechanism for the adoption of fora/consortia specifications as European standards, which should not restrict the possibility of submitting them directly to international standards organisations in order to seek more global status, provided that this complies with the principles set out in the World Trade Organization's agreement on technical barriers to trade: transparency, openness, impartiality, consensus, efficiency, relevance and consistency;
Amendment 14 #
2010/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Europe should not only seek ways to completentinue developing the internal market for e- commerce but also look into how a sustainable re-launch of the internal market could be completachieved by e- commerce,
Amendment 22 #
2010/2012(INI)
Motion for a resolution
Recital C
Recital C
Amendment 38 #
2010/2012(INI)
Motion for a resolution
Recital K
Recital K
K. whereas uniformising the most essential consumer rights at a high level of protection, as well as postal and banking costs, copyright levies, VAT procedures and data protection practices would go a long way towards creating a genuine single market for businesses and consumers,
Amendment 60 #
2010/2012(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for standardStresses, in the context of the current review of the rules on obligations to supply information, the potential benefits of the future harmonisation of pre- contractual information in e-commerce, while at a high level of consumer protection; draws attention, however, to the difficulties which would be entailed by the creation, within distance selling, of any separate scheme for e-commerce; proposes retaining a minimum harmonisation approach for face-to-face contracts in specific sectors, such as health services or estate agents;
Amendment 66 #
2010/2012(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. CRecalls for uniformisation of specificthat there are major differences between the rules and practices to allowof distance traders and direct sellers to move beyond their national borders in the guarantees and liability offereds to the guarantees and liability they offer within and beyond their national borders and as to the benefits which harmonisation would bring them; calls for an in-depth impact analysis of the consequences for e-commerce of any harmonisation of specific rules concerning the legal guarantee of conformity with existing national legislation;
Amendment 92 #
2010/2012(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that specific measures should be put in place for the protection of children and young people, notably via the development of age verification systems and the prohibition of online marketing practices that have a negative impact on children’ behaviour;
Amendment 128 #
2010/2012(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a harmonisationStresses, in the context of the current review of the rules on unfair contract terms, to establish a single EU-wide clause on unfairness so as to ensure that national authorities and courts follow the same standards when assessinghe benefits which might result from a harmonisation aimed at establishing an EU-wide clause on unfairness; recalls in this connection that the Member States must continue to be able to react rapidly and flexibly to new unfair contract clauses;
Amendment 143 #
2010/2012(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for clearer and improved horizontal legal instruments and the harmonisation of certain aspects of consumer contract law and welcomes the Commission's proposal for a Directive on Consumer Rights; considers that this should includeensure coherence with other directives, such as those on distance selling of financial services and e-commerce;
Amendment 154 #
2010/2012(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for a grant programme to be established and for use to be made of existing financial instruments for projects to increase users’ confidence in e- commerce, including educational and information campaigns and projects verifying online services in practice (such as 'mystery shopping'); emphasises the need to create an electronic learning module based on the Dolceta project (Development of On-Line Consumer Education Tools for Adults); develop online tools to educate consumers about e-commerce and new digital technology (principal rights of internet consumers, e-commerce, data protection rules, etc.) such as the Dolceta project (Development of On-Line Consumer Education Tools for Adults); recalls that the eventual objective is to provide basic teaching resources easily understandable by the greatest number, thus enabling citizens to enhance their digital skills and their knowledge of their rights and obligations, and to benefit responsibly and independently from the advantages of e-commerce in a digital society;
Amendment 1 #
2010/2011(INI)
Motion for a resolution
Recital A
Recital A
A. whereas too many obstacles, resulting from a lack of information about rights and opportunities, fragmented and insufficient regulation, inadequateregulation, a lack of legislative initiatives in a number of key areas, poor transposition, inadequate application and enforcement of rules, and a lack of administrative coordination and cooperation, stand in the way of citizens, consumers and SMEs wishing to move, shop, sell or trade across borders with the same sense of security and confidence they enjoy in their own Member States,
Amendment 14 #
2010/2011(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas many European citizens are not aware of their own practical benefits from the single market, as too little information on the single market is available and it is not explained properly,
Amendment 15 #
2010/2011(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Union is facing a particularly problematic time in the history of single European market integration; takes the view that the current and future challenges must be addressed with coherence, determination, commitment and strength, necessarily coupled with sensitivity and practicality, in a spirit of cooperation and solidarity; emphasises that this process will necessitate firm authority and considerable initiative on the part of the European Commission, and political commitment from the Council, the Member States and the European Parliament;
Amendment 23 #
2010/2011(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that integration into the single market is not an irreversible process and that the continued existence of the single market should not be taken for granted; takes the view that failure to achieve the objective of the single market could produce a domino effect threatening to undo several years of European market integration;
Amendment 31 #
2010/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 34 #
2010/2011(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the crisis shouldRecalls that policies to tackle the crisis should not detract from the single market integration process, but rather provide a window of opportunity for reforming, consolidating and improving the current structure of the single market and regaining the trust and confidence of citizens, especially consumers and SMEs;
Amendment 41 #
2010/2011(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 44 #
2010/2011(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that the old perception of the single market as being primarily tied to economic considerations needs revisiting; stresses that all those involved in shaping and implementing the single market need to adopt a more holistic approach, fully integrating citizens’ concerns, particularly in relation to economic, social, fiscal, health and environmental issues and consumer protection;
Amendment 50 #
2010/2011(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the single market should be central in achieving the goal of a sustainable and highly competitive social market economy in the context of the EU 2020 Strategy’s long-term vidoes not affect English version;
Amendment 51 #
2010/2011(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ProposesBelieves that the single market is a very important prerequisite for the success of the EU 2020 strategy; proposes therefore that any strategy and policies to revitalise the single European market, including the EU 2020 Strategy, should be should be coordinated by the European institutions and based on a pragmatic, comprehensive and wide-ranging deal supported by all the Member States and focusing mainly on priorities for which the Member States will truly take ownership and which they will implement effectively at national, regional and local level;
Amendment 69 #
2010/2011(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the major challenge facing the Union is to find a balance between an open economy, capable of stimulating economic growth and job creation and providing an integrated response to the major challenges of the future (such as competitiveness, research and development, industrial policy, demographic issues, the environment and new technologies), and an economic system which is equally up to the task of delivering consumer protection and the social and environmental safeguards that citizens need;
Amendment 84 #
2010/2011(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses initiatives taken by the Commission to prioritise research, knowledge and innovation in any future strategy; expects that sufficient funds will be allocated in successive Union budgets in order to address these crucial matters; recalls, in this context, the urgent need to resolve the outstanding issue of the Community patent;
Amendment 89 #
2010/2011(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is convinced that the ordinaryEuropean citizen’s perception, understanding and knowledge of the single market are low, non-existent, confused or even negative; is of the opinion that the majority of consumers view the single market – rightly or wrongly – as a system imbued with political horse-trading and vested interests rather than one whichdecisive action must be taken to ensure that future European Union policy on the single market better addresses the needs of the consumers, citizens and SMEs and provides them with tangible results;
Amendment 100 #
2010/2011(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that somein view of the most evident problems encountered by citizens who are consumers, especially in the services sector, are: (1) lack ofthe priorities in terms of policies and results that must be delivered are: (1) access to safe products and quality services (such as healthcare, food, energy, water, education, bank accounts, etc.), (2) access to reliable, comparable and objective information, including price comparisons;, (23) complexgreater legal security and clarity in contractual relations;, (34) uncertainty concerning payment and redress; and (4) lack of awareness andgreater payment security, (5) access to adequate, affordable and effective systems of redress, (6) the possibility of being trained and able to make optimal use of information and communication technologies, and (7) improved knowledge of and greater confidence in the system12 ;
Amendment 104 #
2010/2011(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Maintains that citizens are not being given thefforts must continue to be made to give citizens more information they need on single market legislation and the availability and enforcement of their rights; highlights the fact that manywelcomes in this respect the existence of the many relevant websites and the large number of information centres and ‘points of single contact’one- stop shops; is of the opinion that, as a result, better ways must be found of coordinating and publicising these initiatives which remain disorganised and are clearly still failing to reach people effectivelytheir target public effectively; stresses in this context the importance of promoting more highly aids in processing consumers complaints, such as ECC-Net and the SOLVIT;
Amendment 111 #
2010/2011(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Maintains that economic integration initiatives will fail to take off unlessbetter if citizens are convinced that their social rights are being safeguarded and that internal market policies will not impact negatively on nationalhave a positive impact on social policies;
Amendment 113 #
2010/2011(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Deplores the fact that only a small percentage of citizens, consumers and SMEs are aware of existing alternative redress mechanisms, or know how to register a complaint with the Commission; regrets that, despite the Commission’s recommendations, alternative conflict resolution mechanisms have not yet been correctly set up or are not yet running satisfactorily;
Amendment 115 #
2010/2011(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the major role consumer associations play as regards circulating information to citizen consumers about their rights, in supporting consumers in consumer disputes, and in promoting consumer interests in the construction of the internal market;
Amendment 123 #
2010/2011(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Will back future joint initiatives by the Commission and the Member States to: (1) support small businesses operating across borders throughout the EU; (2) effect a tangible reduction in administrative, financial and regulatory burdens, particularly the administrative hurdles faced by SMEs, in accordance with the principle of proportionality; in this regard calls on the Member States and the European Commission to strictly implement and apply the Think Small First principle as outlined in the Small Business Act.
Amendment 124 #
2010/2011(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Will backEncourages future joint initiatives by the Commission and the Member States to: (1) support small businesses operating across borders throughout the EU; (2) effect a tangible reduction in administrative, financial and regulatory burdens, particularly the administrative hurdles faced by SMEs, in accordance with the principle of proportionality;
Amendment 129 #
2010/2011(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Agrees that proper implementation of the Small Business Act - in particular regarding a strict application of the SME test by the Commission when proposing new legislative internal market measures - and the introduction of a European private company statute will guarantee the practical integration of SMEs into a relevant and viable single European system;
Amendment 132 #
2010/2011(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. States that the most important problem for SMEs in times of economic crisis is their access to finance; regrets that as a result of the withdrawal of large banks from rural and under populated or economically weak areas a major problem for SME regarding access to finance has emerged; welcomes the important role of savings banks and various cooperative movements as regards financing the regional economy and their contribution to the social market economy due to their promotion of ethical and social projects.
Amendment 143 #
2010/2011(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission, in this context, to consider whether ‘sunrise clauses’ should be introduced, under which directives related to the EU single market could come into force automatically should Member States fail to transpose them in time;
Amendment 152 #
2010/2011(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Recommends that the Commission conduct an independent exercise to identify the top 20 single-market-related sources of dissatisfaction and frustration which citizens encounter every day, in particular in relation to cross-border e-business, the financial services, telephony, transport services, cross-border medical care, vehicle purchase and hire, portability of pensions, and mutual recognition of professional qualifications, child custody, adoption and maintenance and allowances;
Amendment 155 #
2010/2011(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls for the strengthening of Parliament’s role in the areas of transposition, application, enforcement and monitoring of single market legislation; considers that the enhanced role for the EP and the national parliaments under the Lisbon Treaty must entail better synergism between the two parliamentary levels;
Amendment 171 #
2010/2011(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Commission, together withReiterates that it is important to run alongside the Member States, to develop outreach activities (‘road shows’) bringing together the various stakeholders (i.e. Commissioners, MEPs, national governments and parliamentarians) and attractlematic ‘publicity campaign’ style activities of the EU institutions or the Member States decentralised public relations measures that better associate local stakeholders and the national, regional and local media (placing special stress on the local media), who are more focused on the daily problems experienced by consumers in the single market (examples of bank charges ing as much media attention as possiblenother Member State, study on the possibilities of changing operator, comparisons of telephony costs, etc.);
Amendment 182 #
2010/2011(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Suggests to the Commission that the single market strategy should comprise four main stages: the first to include an evaluation or health check of the current situation to assess the degree of distortion and strain that the various stakeholders in the single market have suffered, notably as a result of the crisis; the second to see the launch of a consolidation process, tying up loose ends; the third to entail development and improvement of the single market; and the fourth to concentrate on the longer- term vision of the market (EU 2020 Strategy);
Amendment 207 #
2010/2011(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Commission to ensure that legislative proposals from the various DGs dealing with, or affecting, single market policy do not contradict one anothare devised and developed in a totally coherent manner and that the order of business in the Commission is revamped to provide citizens with a more coherent system;
Amendment 224 #
2010/2011(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure the implementation of anby May 2011 of a Europe-wide, ‘European- style’ collective redress system that is affordable, expedient and, accessible Europe-wide collective redress system by May 2011and designed in such a way as to avoid the aberrations of a system more beneficial to large law firms than to consumers themselves;
Amendment 231 #
2010/2011(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Calls on the Commission to focus more closely on market monitoring, especially in the areas of financial services (including banking services and investment), insurance, telephony, banking servicesenergy and utilities, and believes that the effective monitoring of markets will increase their efficiency, thus benefitting both the economy and consumers;
Amendment 97 #
2010/0271(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Directive 95/1/EC of the European Parliament and the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles gave the possibility to Member States to refuse the initial registration and any subsequent registration within their territory of vehicles with a maximum net power of more than 74 kW. The anticipated correlation between safety and absolute power limitation could not be confirmed in several scientific studies. For that reason and in order to remove internal barriers to trade on the Union market, this option should no longer be maintained. Other, more effective safety measures should be introduced to help reduce the high numbers of fatalities and injuries among riders of powered two-wheel vehicles in road accidents in the Union. These measures should take into account in particular that driver behaviour is a major cause of accidents. In this connection, driver training focusing on defensive driving should be encouraged.
Amendment 103 #
2010/0271(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. To be effective, they should be accompanied by regular roadside checks.
Amendment 202 #
2010/0271(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. That information shall be supplied in the official languages of the Member State where the vehicle is to be sold, registered and is to be entering into service, except where expressly otherwise agreed with the vehicle user. It shall be provided, after acceptance by the approval authority, in the owner’s manual.
Amendment 39 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimalcan be used for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHzin the UHF band could also be envisaged, depending on actual market demand, social and cultural objectives, experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights.
Amendment 86 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1UHF band (i.e. spectrum between 300 MHz and 3 GHz) and assess whether additional spectrum could be freed and made available for new applications.
Amendment 92 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 f (new)
Paragraph 12 f (new)
12f. Encourages the Member States to create a single Web access portal for all information relating to public contracts, as an upstream network for all calls for tenders; the aim will be to provide training and information, to direct undertakings towards contracts and to explain the applicable legislation, in particular for SMEs (which do not generally have a great deal of human and administrative resources with expertise in procurement-related terminology and procedures); specialist helpdesks could also assist them in evaluating whether they genuinely fulfil the conditions of the tender, and if so to complete their dossiers in response;
Amendment 5 #
2009/2173(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need for effective compensation mechanisms for individual victims of anti-trust infringements; calls on the Commission to adopt a consistent approach between rules of collective redress in competition law and input forward as soon as possible a proposal on collective redress reflecting the principles outlined in the 'White Paper on damages actions for breach of the EU anti-trust rules' and the results of the public consultation, and consistent with the general consumer protection framework;
Amendment 17 #
2009/2137(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that the appointment in 2007 of a dedicated Commissioner for Consumer Affairs and her strong personal engagement, great openness and very proactive role have led to a dramatic rise in the profile of brought about progress in European consumer protection policy and consumer issues, much to the benefit of EU citizens;
Amendment 18 #
2009/2137(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. EmphasiseFears that splitting the responsibility for consumer affairs between two Commissioner portfolios should notmay lead to a reduction of the consumer focus in the new Commission and that, similarly, fears that the new organisational structure in different Directorates-General should notmay cause fragmentation or adversely eaffect the managementcoherence and effectiveness of consumer policy;
Amendment 31 #
2009/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to strengthen consumer awareness and education in order to empower consumers throughout their lives; encourages Member States to include consumer aspects in their national curricula to equip children with the necessary skills to take complex decisions later in life and also to devise educational programmes for adult consumers; recalls that educated consumers who are aware of their rights and know where to turn in the event of non-compliance are also important for detecting non-compliant behaviour;
Amendment 44 #
2009/2137(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Suggests that, in the future, the Commission developonce the five basic indicators and the associated methodology have been sufficiently developed to produce results of a very high quality, the Commission consider the desirability of developing additional long-term indicators such as indicators relating to market shares, quality, advertising, transparency and comparability of offers, as well as indicators related to enforcement (including data on inspections, non- compliance notifications, court cases), consumer empowerment (skills, assertiveness, education, information), coverage of consumer issues in the media, and indicators to measure redress and consumer detriment; believes that the new indicators should be included in the Scoreboard when a satisfactory level of development of the five basic indicators is reachedand indicators to measure redress and consumer detriment; considers, however, that this should be done progressively in order to ensure a focused and comprehensible Scoreboard;
Amendment 49 #
2009/2137(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is aware that consumers are less satisfied and experience more problems with services than goods which partly reflects the greater complexity in the contractual relations and delivery of services compared to goods; calls on the Commission to carry out in-depth analyses of all problematic sectors such as energy, transport and banking services and make specific policy recommendation, in order to refine and complete the Scoreboard and enable it, where appropriate, to adopt quickly specific legislative initiatives to remedy shortcomings identified in these fields;
Amendment 52 #
2009/2137(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the interest and quality of the work done by the Commission in the study which it requested in 2009 on the prices of retail financial services, particularly the revelations which emerged from the study, regarding for example major problems concerning the transparency and comparability of current-account costs in the European Union;
Amendment 56 #
2009/2137(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the available price data are not sufficient to monitor the internal market properly and calls on the Commission to provide more data and to further develop its methodology for collecting average prices of comparable and representative goods and services; recalls in this context the necessity for national statistical institutes to validate and participate more in the work of gathering data on, and calculating, average prices;
Amendment 79 #
2009/2137(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Encourages the establishment in all Member States of independent consumer protection agencies with fullthe power to bring proceedings before national courts in order to protect the interests of consumers;
Amendment 84 #
2009/2137(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Recalls that evidence shows major differences between Member States and room for improvement in terms of redress mechanisms; recalls that judicial collective redress systems currently exist in 13 Member States and calls on the Commission as quickly as possible to provide follow-up to its Green Paper of 27 November 2008 on Consumer Collective Redress (COM(2008)0794);
Amendment 85 #
2009/2137(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes into account the legal complexity related to the publication of the results of market surveillance and enforcement activities and the fact that the investigative work is often subject to strict confidentiality rules but holds the view that the Commission and the Member States should make those results public including their breakdown by individual companies, in order to ensure greater transparency, give more visibility to the enforcement work carried out by national authorities and enable consumers to make well- informed choices;
Amendment 213 #
2008/0196(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishon the Functioning of the European CommunityUnion, and in particular Article 95114 thereof,
Amendment 214 #
2008/0196(COD)
Proposal for a directive
Citation 4
Citation 4
Acting in accordance with the procedure laid down in Article 251 of the Treaty3ordinary legislative procedure,
Amendment 215 #
2008/0196(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Those Directives have been reviewed in the light of experience with a view to simplifying and updating the applicable rules, removing inconsistencies and closing unwanted gaps in the rules. That review has shown that it is appropriate to replace those four Directives by this single Directive. This Directive should accordingly lay down standard rules for the common aspects and move away from the minimum harmonisation approach in the former Directives under which Member States could maintain or adopt stricter national rules.
Amendment 218 #
2008/0196(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Article 15369(1) and (32)(a) of the Treaty on the Functioning of the European Union provides that the CommunityUnion is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 95114 thereof.
Amendment 220 #
2008/0196(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with Article 14(2)26 of the Treaty on the Functioning of the European Union, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises, while ensuring the respect of the principle of subsidiarity.
Amendment 224 #
2008/0196(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The cross-border potential of distance selling which should be one of the main tangible results of the internal market is not fully exploited by consumers. Compared with the significant growth of domestic distance sales over the last few years, the growth in cross-border distance sales has been limited. This discrepancy is particularly significant for Internet sales for which the potential of further growth is high. The cross-border potential of contracts negotiated away from business premises (direct selling) is constrained by a number of factors including the different national consumer protection rules imposed upon the industry. Compared with the growth of domestic direct selling over the last few years, in particular in the services sector (e.g. utilities), the number of consumers using this channel for cross- border purchases has remained flat. Responding to increased business opportunities in many Member States, small and medium size enterprises (including individual entrepreneurs) or agents of direct selling companies should be more inclined to seek business opportunities in other Member States, in particular in border regions. Therefore the full harmonisation of certain aspects of consumer information and of the right of withdrawal in distance and off- premises contracts will contribute to thea high level of consumer protection and better functioning of the business to consumer internal market.
Amendment 226 #
2008/0196(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 229 #
2008/0196(COD)
Proposal for a directive
Recital 7
Recital 7
(7) These disparitiesCertain disparities in the Member States’ legislation in the field of consumer contracts, particularly contracts concluded at a distance or away from business premises, create significant internal market barriers affecting business and consumers. They increase compliance costs to business wishing to engage in cross border sale of goods or provision of services. FInappropriate fragmentation also undermines consumer confidence in the internal market. The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the Community. This problem is particularly acute in the light of new market developments.
Amendment 233 #
2008/0196(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework basedUnless otherwise specified and in accordance with Article 169 of the Treaty on the Functioning of the European Union, the measures laid out in this Directive shall not prevent Member States from maintaining or introducing more stringent measures providing for a higher level onf clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community. The effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area. These barriers can only be eliminatonsumer protection. However, full harmonisation of some key regulatory aspects is justified, in respect of distance and off-premises contracts, with a view to ensuring a consistent framework of consumer protection across the European Union and considerably increasing legal certainty for both consumers and business. In the fields to be harmonised, by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common leveloth consumers and business will be able to rely on a clearer regulatory framework based on well-defined legal concepts regulating certain aspects of distance and off- protectionemises business-to-consumer contracts across the CommunityUnion.
Amendment 240 #
2008/0196(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The field harmonised by this Directive should cover certain aspects of business to consumer contracts. These are rules on information to be provided before conclusion and during performance of thedistance and off-premises contracts, the right of withdrawal for distance and off- premises contracts, consumer rights specific to contracts of sale and unfair contract terms in consumer contracts; certain consumer rights specific to contracts of sale and certain provisions relating to unfair contract terms in consumer contracts must also be harmonised.
Amendment 241 #
2008/0196(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The provision of pre-contractual information on business premises lies outside the scope of this Directive, since Member States retain the right to maintain or introduce national rules on consumer information at points of sale, concerning inter alia: – the main characteristics of the goods or services; – the price of the goods or services; – the conditions of sale or service; and – any limits on the trader’s liability.
Amendment 259 #
2008/0196(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The new definition of distance contract should cover all cases where sales and service contracts are concluded without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax). This should create a level playing field for all distance traders. It should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contract.
Amendment 260 #
2008/0196(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) European markets feature an increasing amount of online digital content, and a growing number of new products are intertwined combinations of physical product and digital content and services; it should be clear, therefore, that the goods covered by this Directive also include digital products (such as downloads and software), where consumers acquire permanent use of those products or a form of use that is comparable to the physical possession of goods.
Amendment 272 #
2008/0196(COD)
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressureContracts concluded away from the trader’s business premises are characterised by the fact that consumers are unprepared for contract negotiations and are temporarily in a special situation both from a psychological point of view and in terms of comparing items and prices, no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract.
Amendment 281 #
2008/0196(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should include premises in whatever form (such as shops, taxis or lorries) which serve as a permanent place of business for the trader. Market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.
Amendment 300 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.
Amendment 303 #
2008/0196(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 307 #
2008/0196(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allows him to ascertain the nature, quality and functioning of the goods.
Amendment 317 #
2008/0196(COD)
Proposal for a directive
Recital 27
Recital 27
(27) If the trader has not informed the consumer onwhether or not he has the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- month limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer by 12 months.
Amendment 329 #
2008/0196(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Furthermore, in case of distance or off-premises contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should loses his right of withdrawal when performance begins with his prior express agreement, provided that it is a case of informed consent, ie that the consumer has been informed of the consequences of this decision in terms of losing his right of withdrawal.
Amendment 337 #
2008/0196(COD)
Proposal for a directive
Recital 38
Recital 38
(38) IGiven that in the context of consumer sales, the delivery of goods can take place in various ways. Only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variation (either immediately or at a later date), where delivery is not immediate the trader must indicate a deadline by which he undertakes to deliver the goods. The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader.
Amendment 338 #
2008/0196(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) As regards delivery, it should be stipulated that if the trader exceeds the scheduled delivery date by more than seven days, the consumer is entitled to terminate the contract and demand the reimbursement of all sums paid in application of the contract. In such cases, the contract is deemed to be terminated on the date the trader receives a letter from the consumer informing him of this decision, provided that the delivery has not taken place in the meantime. The trader is required to reimburse all sums paid in application of the contract as soon as possible, and no more than seven days after receiving the letter terminating the contract.
Amendment 339 #
2008/0196(COD)
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38b) A single, common concept of conformity with contracts, which provides a high level of consumer protection, will provide businesses and consumers with greater legal certainty.
Amendment 341 #
2008/0196(COD)
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformitymust be able to choose freely between the various forms of redress (repair, replacement, a discount or termination of the contract). However, the consumer may only rescind the contract if the lack of conformity is not minor. Moreover, the consumer cannot demand that the goods be repaired or replaced if the trader shows that this would be illegal, impossible or cause him disproportionate effort. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
Amendment 354 #
2008/0196(COD)
Proposal for a directive
Recital 42
Recital 42
(42) WhenIf the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies. The trader's refusal can be either explicit or implicit, meaning in the latter case that the trader does not respremedy chosen for the lack of conformity is repair or replacement, it should be made clear in which cases the consumer can nevertheless seek the cancellationd or ignores the consumer's request to remedy the lack of conformityf the contract or a reduction in the price.
Amendment 358 #
2008/0196(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) It should be stipulated that in certain cases the trader may be held liable for a lack of conformity which existed at the time the risk was transferred to the consumer, even if the lack of conformity becomes apparent only subsequently.
Amendment 360 #
2008/0196(COD)
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) It should be stipulated that those Member States which so wish should have the possibility of maintaining in their national law provisions in force when this Directive is adopted which provide that the trader becomes liable as from the time the lack of conformity is discovered by the consumer.
Amendment 364 #
2008/0196(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights under the national provisions in force and those laid down by this Directive.
Amendment 369 #
2008/0196(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible. Traders should be free to choose the font type or size in which the contract terms areconfirmed in textual form on a duraftedble medium. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g.where the consumer might reasonably expect to find them (e.g. placed prominently on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's express prior consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online, should be prohibited.
Amendment 377 #
2008/0196(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise. These same lists should apply in all Member States. As these lists are non-exhaustive, they may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are deemed unfair in all circumstances.
Amendment 397 #
2008/0196(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Directive is to achieve a high level of consumer protection and contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders.
Amendment 404 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting primarily for purposes which are outsidenot related to his trade, business, craft or profession;. Member States may extend the scope of the rules laid down in this Directive to cover natural or legal persons who are not consumers within the meaning of this Directive.
Amendment 414 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'trader' means any natural or legal person, whether publicly or privately owned, who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;
Amendment 421 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'sales contract' means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object botransfer of ownership of goods, either immediately on conclusion of the contract or at a later date, by means of which the trader undertakes to deliver the goods and servto the consumer, with the latter undertaking to pay the relevant prices;
Amendment 426 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) 'goods' means any tangible movable item, whether - intangible, if the consumer can make use of the item on a permanent basis or in a manner which can be equated with physical possession; - or tangible, with the exception of:
Amendment 445 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'service contract' means any contract other than a sales contract whereby a service is provided by thefor the provision of a service by a trader to thea consumer;
Amendment 449 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'distance contract' means any sales or service contract where the tradconcluded between a trader and a consumer where the parties are not simultaneously physically present and where, for the conclusion of the contract, they makes exclusive use of one or more means of distance communication;
Amendment 457 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances, even if preceded by an offer from the consumer, or
Amendment 489 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
(b) market stalls and fair stands where the trader carries on his activity on a regular or temporary basis;
Amendment 492 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) 'public auction' means a method of sale where goods are offered by the tradera third party, acting as the trader's agent, offers goods or services to consumers, who attend or are given the possibility to attend the auction in person, through a transparent competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods;. The third party acting as agent intervenes in the conclusion of the sales or service contract by knocking down the goods or services to the highest bidder on completion of the procedure.
Amendment 494 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'commercial guarantee' 'commercial guarantee' means any undertaking by the trader or producer (the 'guarantor') to the consumer, in addition to his legal obligations relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirement not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;
Amendment 495 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract concluded as a principal contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 501 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. This Directive shall not apply to contracts concluded by means of public auctions.
Amendment 502 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. This Directive shall not apply to contracts concluded before notaries or members of equivalent professions.
Amendment 503 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. This Directive shall not apply to health or pharmaceutical services.
Amendment 511 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. This Directive shall be without prejudice to the provisions contained in European Union legislation concerning special contracts or sectors.
Amendment 519 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Insofar as it is not harmonised by them, the rules laid down in this directive do not affect national law in the area of general contract law.
Amendment 522 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Articles 5, 7, 9 and 11This Directive shall be without prejudice to the provisions concerning information requirements contained in Directive 2006/123/EC of the European Parliament and of the Council[1] and Directive 2000/31/EC of the European Parliament and of the Council.[2].
Amendment 539 #
Amendment 544 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. Member States shall ensure that such provisions are compatible with the Treaties. 1a. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Articles 2, 3, 5, 12(1) to (3), 13 to 18, 22, 23, 24(1) and (2) and 31(1) to (3) of this Directive, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 556 #
2008/0196(COD)
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
Consumer information and withdrawal right for distance and off-premises contracts
Amendment 560 #
2008/0196(COD)
Proposal for a directive
Article - 5 (new)
Article - 5 (new)
Article - 5 Except as otherwise provided in this chapter with regard to consumer information and the right of withdrawal for distance and off-premises contracts, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 564 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or serviceIn good time and at all events prior to the conclusion of the distance or off- premises contract, the trader shall providecommunicate to the consumer with the following information, if not already apparent from the contextn a clear and precise manner and in comprehensible language:
Amendment 580 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) contact details including the telephone number or any other means of distance communication (fax, e-mail, etc.) enabling the consumer in practice to contact and communicate with the trader rapidly and directly;
Amendment 585 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the productgoods or service means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 599 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and, the complaint handling policy, if they depart from the requirements of professional diligence and the geographical address to which the consumer may address any complaint;
Amendment 609 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or the absence of a right of withdrawal, and, where applicable, the conditions and procedures for exercising that right pursuant to Annex I, including the withdrawal period and the name and address of the trader to whom the withdrawal is to be communicated;
Amendment 620 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) Where a right of withdrawal does not apply on account of an explicit request for performance of the service during the withdrawal period, in accordance with Article 19, the information that the consumer will not benefit from a right of withdrawal, as a result of that request;
Amendment 621 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) the date by which the trader undertakes to deliver the goods or to perform the service;
Amendment 631 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
Amendment 640 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) the duration of the contract where applicable or if the contract is open-ended or to be extended automatically, the conditions for terminating the contract;
Amendment 649 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) where appropriate, the application of technical protection measures for digital products and the interoperability of digital products with hardware and software, in the light of what the trader knows or should reasonably have known (including non-interoperability).
Amendment 663 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 664 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall not provide for any other formal requirements applicable to the standard information on withdrawal besides those referred to in Annex I(A) and (A) a.
Amendment 686 #
2008/0196(COD)
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 689 #
2008/0196(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract lawfor effective remedies for any breach of Article 5.
Amendment 693 #
2008/0196(COD)
Proposal for a directive
Article 7
Article 7
Amendment 700 #
2008/0196(COD)
Proposal for a directive
Article 8
Article 8
Amendment 702 #
2008/0196(COD)
Proposal for a directive
Article 9
Article 9
Amendment 733 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 5 shall be given in the order formsupplied to the consumer in the order form. Such information shall be legible and worded in plain and intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B). It shall be forwarded to the consumer in good time, and at any event before the conclusion of the off-premises contract. Where the order form is not on paper, the consumer shall receive a copy of the order form on another durable medium of his choice. Accordingly the consumer shall in any event have the option of requesting a paper document.
Amendment 743 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 748 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid only if the consumer signs an order form and in cases where the order form is not on paper, receives a copy of the order form on another durable mediuthe order form.
Amendment 756 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 770 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) 5 shall be given or made available to the consumer prior toin good time and at any event before the conclusion of the contract, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
Amendment 782 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph - 1 (new)
Article 11 – paragraph - 1 (new)
-1. Member States may maintain or adopt in their national law stricter provisions than those set out in this article with a view to guaranteeing a higher level of consumer protection.
Amendment 786 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract,: - he shall disclose his identity - and where appropriate the identity of the person on whose behalf he is making the call - and the commercial purpose of the call at the beginning of the telephone conversation ; - he shall send the consumer a confirmation of his offer, in writh the consumering or on a durable medium, including the information referred to in Article 5; - the consumer shall not be bound by the contract unless or until he has signed it.
Amendment 795 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least, on that particular medium prior to the conclusion of such a contract, the information regarding the main characteristics of the product andor service, the total price referred to in Articles 5(1)(a) and (c) on that particular medium prior to the conclusion of such a contract, the duration of the contract and, if the contract is open- ended, the conditions for terminating the contract referred to in Article 5(1)(a), (c) and (g). The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1.
Amendment 805 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 809 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. In order for the distance contract to be validly concluded, the consumer must have had the opportunity to verify the full details of his order and its total price and to correct any errors before confirming the order and thereby validly expressing his acceptance.
Amendment 816 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 835 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. In the case of an off-premises contract, the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable medium of his choice.
Amendment 854 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In the case of distance contracts, the Member States shall not prohibit the parties from performing their obligations as laid down in this Directive during the withdrawal period. In the case of off-premises contracts, this Article shall be without prejudice to any rule of national law establishing, within the withdrawal period, a period of time during which the performance of the contract may not begin.
Amendment 857 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 864 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal (or the fact that he does not have the right of withdrawal) in breach of Articles 9(b5(1)(e)), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsbe extended by twelve months from the day referred to in Article 12.
Amendment 870 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach ofprovided for in Article 5 or in accordance with the arrangements provided for in Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsbe extended by three months from the day referred to in Article 12.
Amendment 896 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer without delay, and in any event within thirty days from the day on which he receives the communication of withdrawal. Reimbursement shall in principle be made by any means of payment. However, consumers who have exercised their right of withdrawal may, at the proposal of the trader, opt for a different method of reimbursement.
Amendment 959 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
-1. Member States may maintain or introduce, in their national law, more stringent provisions than those laid down in this Article, in order to ensure a higher level of consumer protection.
Amendment 966 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
a) services where performance has begun, with the consumer's prior express consent, before the end of the fourteen day period referred to in Article 12, with the consumer's prior express consent on a durable medium; in such cases, the consent should also extend to waiving his right of withdrawal;
Amendment 979 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer and the supply of products which might pose a health risk if returned within the fourteen-day right of withdrawal period;
Amendment 1052 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph -1 (new)
Article 20 – paragraph -1 (new)
-1. Member States may maintain or introduce, in their national law, more stringent provisions than those laid down in this Article, in order to ensure a higher level of consumer protection.
Amendment 1061 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is aArticle 26(1)(c) shall also apply to mixed- purpose contracts having as itstheir object both goods and services, this Chapter. 1a. Articles 23a and 23b shall onlyalso apply to the goods. service contracts and mixed-purpose contracts having as their object both goods and services.
Amendment 1063 #
2008/0196(COD)
Proposal for a directive
Article 20 a (new) (after the title ‘Chapter IV – Other consumer rights specific to sales contracts’)
Article 20 a (new) (after the title ‘Chapter IV – Other consumer rights specific to sales contracts’)
Article 20a Unless otherwise provided for in this chapter, Member States may maintain or introduce in their national law more stringent provisions than those laid down in this chapter, in order to ensure a higher level of consumer protection.
Amendment 1066 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. This Chapter shall also apply toFor the purposes of this Directive, contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts.
Amendment 1069 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. This chapter shall apply without prejudice to any rights which an injured party may have according to a special liability system existing in national law.
Amendment 1086 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, tThe trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of. Where delivery is not immediate, the trader shall indicate the deadline within which he undertakes to deliver the goods. Member States may not maintain or introduce in theirty days from the day of the conclusion of the contract national law provisions diverging from those laid down in this article, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1096 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1delivery does not take place within seven days of the delivery date indicated by the trader in accordance with paragraph 1, the consumer shall be entitled to rescind the contract and claim a refund of any sums paid under the contract. The contract shall be deemed to be terminated on the date the trader receives a letter from the consumer informing him of his decision, if the delivery has not taken place in the meantime. The trader shall be required to reimburse all sums paid under the contract as soon as possible, and no more than seven days after receiving the letter rescinding the contract. This paragraph shall be without prejudice to the rights of the consumer to claim damages. Member States may not maintain or introduce in their national law provisions diverging from those laid down in this article, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1121 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. Member States may not maintain or introduce in their national law provisions diverging from those laid down in this article, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1124 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, other than the carrier and indicated by the consumer has manifestly failed to take reasonable steps to acquire the material possession of the goods.
Amendment 1131 #
2008/0196(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Amendment 1133 #
2008/0196(COD)
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Amendment 1140 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Delivered goods shall be presumed to be in conformity with the contract if they satisfy the following conditions: (-a) they possess the characteristics, in particular as regards quality and quantity, that were jointly agreed upon by the parties; (a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model; (b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted; (c) they are fit for the purposes for which goods of the same type arewould normally be used or ; (dc) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling. (A new point (a) has been inserted before the current point (a) in the Commission proposal. There was also a need for clarification: the new points (b) and (c) are slightly amended versions of the current points (c) and (d) in the Commission proposal, concerning conditionsthat have to be met in all circumstances.)
Amendment 1142 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model;
Amendment 1144 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point -a (new)
Article 24 – paragraph 2 – point -a (new)
Amendment 1145 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) they arbe fit for any particular purpose for which the consumer requires them and which hewas made known to the trader at the time of the conclusion of the contract and which the trader has accepted;
Amendment 1147 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
Amendment 1152 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
Amendment 1171 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation insThe trader shall be liable for lack of conformity arising as a result of the packaging, the installation instructions and of the installation, when the trader is responsible for this under the terms of the contruactions.
Amendment 1173 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 5 b (new)
Article 24 – paragraph 5 b (new)
5b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1 and 2, including more or less stringent provisions in order to ensure a different level of consumer protection.
Amendment 1188 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled toWhen the goods present a lack of conformity, the consumer may, under the terms of paragraphs 2 to 5, choose between the following remedies:
Amendment 1202 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) haveing the lack of conformity remedied by repair or replacementgoods repaired,
Amendment 1208 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a c (new)
Article 26 – paragraph 1 – point a c (new)
(ac) having the goods replaced,
Amendment 1214 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) haveing the price reduced,
Amendment 1222 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) haveing the contract rescinded.
Amendment 1228 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1b. The consumer may only rescind the contract if the lack of conformity is not minor.
Amendment 1233 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1248 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1255 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
Amendment 1264 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The consumer may resort to any remedy available under paragraph 1,When the remedy chosen is repair or replacement, the consumer may resort to having the contract rescinded or the price reduced wheren one of the following situations exists:
Amendment 1287 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
d) tThe same defect has reappeared more than once within a short period of tim a fresh defect has appeared after the goods have already been repaired or replaced once.
Amendment 1298 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The Member States shall have the power to maintain or to adopt national provisions allowing greater consumer choice between the remedies set out in paragraph 1 in case of lack of conformity, so as to guarantee a higher level of consumer protection.
Amendment 1327 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. However, those Member States which so wish may maintain the national legal provisions in force at the time the Directive is adopted, which make the trader liable under Article 25 from the time the lack of conformity is ascertained by the consumer.
Amendment 1339 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, the shall be held liable under Article 25 where the lack of conformity becomes apparent within two yearsperiod stipulated in paragraph 1 starts to run again as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods and only for defective elements which have been replaced, unless the trader agrees to extend the guarantee to the replaced goods in their entirety..
Amendment 1363 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within sixtwelve months of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 1373 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
Amendment 1393 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
a) legal rights of the consumer, both under the national legislation in force and as provided for in Article 26, and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 1404 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. IAt the request of the consumer so requests, the trader shall make the guarantee statement available in a durable medium of his choice.
Amendment 1417 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Cchapter shall apply to, in contract terms drafted in advance by the trader or a third party, which the consumer agreed to without havs between traders and consumers, to contract terms which have not been the subject of individual negotiation. A contract term is deemed not to have been the subject of individual negotiation when it has been drafted in advance and the consumer has not been able to influence its content, specifically withing the possibility of influencframework of pre-formulated standard contract. Contract terms which have been the subject of individual negotiation do not fall withing their content, in particular where such contract terms are part of a pre-formulated standard contract scope of this Chapter. The Member States may therefore maintain or introduce national rules concerning such contract terms and decide that this Chapter also applies to them.
Amendment 1422 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Saving contrary provisions established in this Chapter, the Member States may maintain or introduce, in their national legislation, provisions stricter than those laid down in this Chapter of the Directive so as to ensure higher levels of consumer protection.
Amendment 1440 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1 b (new)
Article 31 – paragraph 1 b (new)
1b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1, 2 and 3, including more or less stringent provisions in order to ensure a different level of consumer protection. (This article should be placed between the title of Article 31 and paragraph 21 of Article 1, in order to refer to the first three paragraphs of Article 31.)
Amendment 1453 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1462 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4 b (new)
Article 31 – paragraph 4 b (new)
4b. Member States may, in order to provide for a higher level of consumer protection, maintain or introduce additional formal and presentational requirements as to the way the contract terms are expressed or made available to the consumer.
Amendment 1465 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Amendment 1487 #
2008/0196(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. . r.fr
Amendment 1493 #
2008/0196(COD)
Proposal for a directive
Article 34 a (new)
Article 34 a (new)
Article 34 a As the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are unfair in all circumstances.
Amendment 1495 #
2008/0196(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall ensure thate contract terms, as set out in the non-exhaustive list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.
Amendment 1499 #
2008/0196(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
As the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are presumed to be unfair.
Amendment 1536 #
2008/0196(COD)
Proposal for a directive
Annex 1 – heading 1 a (new)
Annex 1 – heading 1 a (new)