224 Amendments of Phil PRENDERGAST
Amendment 2 #
2013/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas misleading marketing practices can take many forms, with the most prominent being misleading directory company schemes where a rogue company sends out forms inviting businesses to complete or update their business name and contact details, seemingly for free; whereas signatories later discover that they have, in fact, unintentionally signed up to a contract, normally binding them for a minimum of three years, to be listed in a business directory at a yearly charge of up to EUR 1000 or more; whereas false payment forms are another significantly damaging practice;
Amendment 10 #
2013/2122(INI)
Motion for a resolution
Recital D
Recital D
D. whereas these practices go underreported, as victims of misleading marketing practices often feel ashamed and refrain from reporting such practices to enforcement authorities or comply with payment demands; whereas in view of this it is extremely important that those authorities facilitate reporting and give sufficient priority to such cases;
Amendment 12 #
2013/2122(INI)
Motion for a resolution
Recital E
Recital E
E. whereas therogue traders exploit the greatly uneven level of protection for businesses varies greatly among Member States, with only Austria and Belgium having included a specific ban on misleading directory schemes in their legislation, while the Netherlands is currently preparing a similar law;
Amendment 13 #
2013/2122(INI)
Motion for a resolution
Recital G
Recital G
G. whereas at present rogue traders are very difficult to trace and prosecute, as they often send invoices from one country to another while their bank account is in yet another country, thus also making money transfers difficult to trace;
Amendment 14 #
2013/2122(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas, owing to their small scale and limited resources, it is often unfeasible for SMEs, and microbusinesses in particular, to individually mount legal challenges against rogue traders established in a different jurisdiction;
Amendment 29 #
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 enableproviders whose services are used by perpetrators of misleading marketing practices, such as banks, telephone companies, postal services and collection agencies, in order to help prevent rogue companies from operating;
Amendment 40 #
2013/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets the Commission's failure to take up Parliament's recommendation 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 extend 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 practices; emphasises the importance of an exhaustive and clearly defined blacklist of misleading marketing practices for effective enforcement and legal certainty;
Amendment 48 #
2013/2122(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention, in particular, to the role played by fraudulent debt collection agencies which do not hesitate to put pressure on businesses to pay invoices which they know or could have known to be fraudulent; calls on the Commission and the Member States to propose means of better controlling such agencies, both before and after their formal establishment, and also to consider the possibility of introducing a mandatory requirement for debt collection agencies to report misleading practices;
Amendment 53 #
2013/2122(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on Member States to facilitate, through their legal systems, the practice of private enforcement, whereby business associations and other relevant organisations are empowered to mount legal challenges against rogue traders;
Amendment 79 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer and higher 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 application of Article 4 of the Directive. The transport operations referred 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 iis provision must not distort the internal market. 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 respect.
Amendment 180 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
3) Article 4(6), is modified in the following manner: The competent authorities of neighbouring Member States can authorise cross-border transport operations using vehicles or vehicle combinations with dimensions and weights deviating from those laid down in points 1, 2, 3, and 4 of Annex 1 provided that they do not discriminate on grounds of Member State of registration of the tractor, trailer or semi-trailer. These competent authorities can define the routes on which the vehicles or vehicle combinations with dimensions and weights deviating from those laid down in points 1, 2, 3, and 4 of Annex 1 are allowed to circulate. Provision can be made for Member States to inform the Commission thereof; Article 5(b) and Article 8a are deleted.
Amendment 218 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive. Specialised vehicles, such as vehicle transporters, which by their inherent and open design cannot benefit from aerodynamic devices to the rear, may use these additional two metres to optimise their efficiency by other means such as optimal loading with the use of front- and rear-overhangs.
Amendment 339 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a a (new)
Article 1 – paragraph 1 – point 16 – point a a (new)
(aa) The following point is added: loaded vehicle transporters: 20.75m
Amendment 346 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a b (new)
Article 1 – paragraph 1 – point 16 – point a b (new)
Directive 96/53/EC
Annex I – point 1.4
Annex I – point 1.4
(ab) Point 1.4 is replaced by the following provision: 1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4. Due to the indivisible nature of finished vehicles such as new cars loaded upon specialised transporters, such loaded transporters may exceed the dimensions in point 1.1 to the extent that national regulations and infrastructure conditions allow it and as long as these vehicle transporters when empty comply in full with the abovementioned points.
Amendment 362 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 96/53/EC
Annex I – point 1.3
Annex I – point 1.3
(16a) Point 1.3 is replaced by ‘Maximum height of any vehicle is to be decided by Member States under the subsidiarity principle. Member States may choose to engage in bilateral agreements allowing vehicles of an agreed height to circulate on each other’s territories, so long as the infrastructure allows’
Amendment 33 #
2012/2322(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discretionare entitled to regulate online gambling in accordance with their own values and pursued objectives of general interest;
Amendment 57 #
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 with of a specific nature, thus justifying the scope 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 52restrictions imposed to the free movement of services, owing to imperatives of public interest such as consumer protection or the prevention of fraud;
Amendment 171 #
2012/2322(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that Member States that open up their online gambling marketregime must provide for a transparent licensing procedure based on objective and non- discriminatory criteria, in full compliance with EU law;
Amendment 189 #
2012/2322(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the Member States in order to allow for the establishment of a common system for identifying players and to makeidentification of players, the application of self- exclusion mechanisms applicable throughout the EUs well as the enforcement of applicable provisions;
Amendment 248 #
2012/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees with the Commission that a fair offer of gambling services is necessarycan contribute for consumer protection, because in its absence consumers are more likely toinsofar as consumers may turn to unreliableillegal gambling websiteproviders;
Amendment 269 #
2012/2322(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including formaliscontinued cooperation between regulatorcompetent national authorities, and the introduction of an online trustmark for legal operators;
Amendment 301 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider legislation to create an EU-widefacilitate the recognition of, and access to, national self- exclusion register,s accessibleross the Member States 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;
Amendment 321 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)23 could serve as a basis for identifying the content of common standards; stresses, however, that the development of self-regulatory standards in this sector remains subordinate to the applicable national regimes and the principle of subsidiarity;
Amendment 335 #
2012/2322(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, including by meanmust not entail a downgrading of existing provisions at Member State level, especially in terms of measures to ensure a high level of protection for players, particularly minors and other vulnerable persons, ands well as the prevention of misleading and illegal advertisements;
Amendment 51 #
2012/2309(INI)
Proposal for a Decision establishing the composition of the European Parliament
Article 3
Article 3
Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2014-2019 parliamentary term: Belgium 21 Bulgaria 17 Czech Republic 21 Denmark 13 Germany 96 Estonia 6 Ireland 112 Greece 21 Spain 54 France 74 Croatia 112 Italy 732 Cyprus 6 Latvia 8 Lithuania 11 Luxembourg 6 Hungary 21 Malta 6 Netherlands 26 Austria 198 Poland 51 Portugal 21 Romania 32 Slovenia 8 Slovakia 13 Finland 13 Sweden 19 United Kingdom 73
Amendment 1 #
2012/2044(INI)
Draft opinion
Article 2
Article 2
2. Welcomes the activity of the ‘Points of Single Contact’ (PSCs), which simplify access to information on business opportunitieconducting business in the Member States, centralising, in a single national point of contact, all necessary formalities for setting up a businesand administrative requirements to establish and expand a business across borders;
Amendment 2 #
2012/2044(INI)
Draft opinion
Article 3
Article 3
3. Welcomes the positive role played by SOLVIT, Your Europe Advice, the Enterprise Europe Network, the European Consumer Centres, the Europe Direct Contact Centre and the European Employment Service in providing solutions to real probleminformation and assistance to citizens, consumers and entrepreneurs in the internal market; calls on the Commission to find ways to improve coordination between these services and avoid duplication of efforts and resources;
Amendment 7 #
2012/2044(INI)
Draft opinion
Article 5
Article 5
5. Notes the vast number of petitions received by Parliament’s Committee on Petitions which relate to the problems citizens face within the internal market, particularly as regards incorrect transposition or implementation of EU law; calls on the Commission to incorporate in its report the findings and results of the petitions submitted to Parliament’s Committee on Petitions; stresses that the petitions process should be better utilised to improve the EU’s legislative process, inter alia by making citizens more aware of their right to file a petitionparticularly as regards legislative remedies to barriers to cross-border trade and enforcement of consumer rights;
Amendment 10 #
2012/2044(INI)
Draft opinion
Article 8
Article 8
8. Calls on the Commission to draw up a table for each of the concerns highlighted, indicating which actoruthorities are responsible for solutions to each of the identified root causes identifiedas well as the actions deemed appropriate to address them;
Amendment 12 #
2012/2044(INI)
Draft opinion
Article 9a (new)
Article 9a (new)
9a. Recognises the problems faced by citizens in relation to cross-border banking, specifically as regards the opening of a bank account; calls on the Commission to submit a proposal for a legislative act on access, and right of access, to a basic payments account;
Amendment 1 #
2012/2037(INI)
Motion for a resolution
Recital A
Recital A
A. whereas opening up national markets in the important economicaddressing distortions of competition between market operators as well as disparate levels of consumer protection in the sector of consumer credit, promoting competition andthus improving the functioning of the internal market, are political tasks incumbent on the EU and are in the interests of consumers and creditors;
Amendment 4 #
2012/2037(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas statistics show that, since the directive entered into force, take-up of cross-border consumer credit has not increased, although one reason for this could be thes an integrated consumer credit market would require conditions and meassive problems affecting the financial sectorures beyond the scope of the Consumer Credit Directive;
Amendment 5 #
2012/2037(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas inadequate consumer protection practices in the credit sector played a significant role in the financial crisis; whereas exchange rate volatility poses significant risks to consumers, especially during financial crises;
Amendment 7 #
2012/2037(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that improving the cross- border consumer credit market wcould generate European added value by boosting the internal marketcontribute to consolidating the internal market in tandem with integration measures that offset the risks incurred by consumers due to interest and exchange rate fluctuations;
Amendment 8 #
2012/2037(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that the provisions on pre-contractual information, the explanations required pursuant to Article 5(6) and the creditworthiness assessment provided for in Article 8 are sufficient to offsetimportant to improve consumer awareness of the risks involved in taking out a loan in a foreign currency, together with specific information regarding such forms of credit;
Amendment 10 #
2012/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that countering systemic risks in the financial sector can be countered by means of supervisory measures, so that the Consumer Credit Directive does not need to be amended to deal with that issurequires legal, policy and supervisory measures which go beyond the specific scope of the Consumer Credit Directive;
Amendment 13 #
2012/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that legal provisions should reflect standard practice and the needs of the average consumer and the average businessman, and should not represent a response to a small number of abuses of the rules in such a way as to render the information provided to the consumer less understandable, transparent and comparable;
Amendment 15 #
2012/2037(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that more comprehensive provisions do not always make for more effective consumer protection and that, in the case of inexperienced consumers in particular, too much information can serve to confuse rather than help; acknowledges, in that regard, the expertise, assistance and financial education provided by consumer associations and their potential role in credit restructuring on behalf of households in distress;
Amendment 16 #
2012/2037(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes the view that guarantors should be fully informed of the implications and responsibilities entailed by their role as well as be subject to a creditworthiness assessment by the credit provider;
Amendment 17 #
2012/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that more detailed consideration should be given to the problems which could arise in connection with the exercise of the right of withdrawal in cases where linked agreements have been concluded; calls for clarification on what costs should be due by the consumer arising from the exercise of the right of withdrawal when the supplier or service provider directly receives the corresponding amount from the creditor, particularly as regards ancillary contracts;
Amendment 18 #
2012/2037(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to assess the extent of non-compliance with information duties in contracts where intermediaries are not bound by pre- contractual information requirements in order to establish how best to protect consumers in such situations;
Amendment 20 #
2012/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that particular attention should be paid to the complicated rules on early repayment, as these have a significant role in ensuring credit market competition and widening consumer choice;
Amendment 21 #
2012/2037(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. States that, prior to interest rate changes, notification to consumers should afford them enough time to survey the market and change credit provider before the changes take effect;
Amendment 22 #
2012/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the parameters and rules applying to consumer creditworthiness assessments should emulate, as closely as possible, those applicable to credit agreements relating to residential property;
Amendment 24 #
2012/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on Member States to ensure that national supervisors are granted all the necessary powers and resources to discharge their duties; further calls for national supervisory authorities to effectively monitor compliance with, and enforce, the provisions of the directive;
Amendment 26 #
2012/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to check howstudy the possibility of extending the existing level of consumer protection can be maintained in connection with SMS loans, which are becoming an increasingly common feature of the consumer credit marketto credit, including short-term credit, provided over the internet, through short message services or other distance communication media, which are becoming an increasingly common feature of the consumer credit market, involving amounts below the lower threshold of 200€, presently outside the scope of the directive;
Amendment 28 #
2012/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that, at present there is no need to revise the directive, but that instead, priority should be given to ensuring that ithe directive is correctly transposed;
Amendment 29 #
2012/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that, once the directive has beenfurther to a fully and correctly transposed and applied, its practical impact should firstition, the practical impact of the directive should be assessed before the Commission reports to Parliament on what, if any, amendments are requiredany required amendments;
Amendment 79 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to electronic identification provided by, on behalf or under the responsibility of, mandated or recognised by Member States and to trust service providers establishedoperating in the Union.
Amendment 84 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation does not apply to aspects related toapplies without prejudice to national or Union law as regards the conclusion and validity of contracts orand other legal obligations where there are requirements as regards form prescribed by national or Union lawof form.
Amendment 87 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘authentication’ means an electronic process that allows the validation of the electronic identification of a natural or legal person; or of the origin and integrity of an electronic data;
Amendment 88 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point b
Article 3 – paragraph 1 – point 7 – point b
(b) it is capable of idencertifying the identity of the signatory;
Amendment 89 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 – point d
Article 3 – paragraph 1 – point 7 – point d
(d) it is linked to the data to which it relatessigned therewith in such a way that any subsequent change in the data is detectable;
Amendment 94 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘qualified trust service’ means a trust service that meets the applicable requirements provided forlaid down in this Regulation;
Amendment 96 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21 – point d
Article 3 – paragraph 1 – point 21 – point d
(d) it is linked to the data tohe origin and integrity of which it relateattests in such a way that any subsequent change in the data is detectable;
Amendment 104 #
2012/0146(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
When an electronic identification using an electronic identification means and authentication is requiredavailable under national legislation or administrative practice to access a service online, any electronic identification means issued in another Member State falling under a scheme included in the list published by the Commission pursuant to the procedure referred to in Article 7 shall be recognised and accepted for the purposes of accessing this service, provided the service is not limited to residents of a Member State or of a territorial unit thereof.
Amendment 106 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the electronic identification means are issued by, on behalf of or under the responsibility of, mandated or recognised by the notifying Member State;
Amendment 108 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the electronic identification means can be used to access at least public services requiringwhich accept electronic identification in the notifying Member State;
Amendment 111 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the notifying Member State ensures the availability of an online authentication possibility onlininterface, at any time and free of charge so that any relying party can validate the person identification data received in electronic form. Member States shall not impose aAny specific technical requirements on relying parties established outside of their territory intending to carry out such authenticationnecessitated for security purposes which are imposed by Member States on relying parties intending to carry out such authentication may carry a fee not exceeding cost and shall not discriminate against relying parties established outside of their territory. When either the notified identification scheme or authentication possibilitysystem is breached or partly compromised, Member States shall suspend or revoke without delay the notified identification scheme or authentication possibilitysystem or the compromised parts concerned and inform the other Member States and the Commission pursuant to Article 7;
Amendment 115 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – point ii
Article 6 – paragraph 1 – point e – point ii
(ii) the authentication possibilitysystem specified in point (d).
Amendment 123 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibilitysystem;
Amendment 124 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) arrangements for suspension or revocation of either the notified identification scheme or authentication possibilitysystem or the compromised parts concerned.
Amendment 126 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission may, by means of implementing acts, define the circumstances, formats and procedures of the notification referred to in paragraphs 1 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 138 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of minimum, technology-neutral, technical requirements.
Amendment 140 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be liable for any direct damage caused to any natural or legal person due to intentional or negligent failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.
Amendment 144 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A qualified trust service provider shall be liable for any direct damage caused to any natural or legal person due to intentional or negligent failure to meet the requirements laid down in this Regulation, in particular in Article 19, unless the qualified trust service provider can prove that he has not acted negligently.
Amendment 152 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. With reference to paragraph 1, such agreements shall ensure that the requirements applicable to qualified trust services and qualified certificates provided by qualified trust service providers established in the territory of the Union are met by the trust service providers in the third countries or international organisations, especially with regard to the protection of personal data, pursuant to article 25 of Directive 95/46/EC, security and supervision.
Amendment 157 #
2012/0146(COD)
Proposal for a regulation
Article 12
Article 12
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possible, pursuant to applicable national and Union law implementing the United Nations Convention on the Rights of Persons with Disabilities.
Amendment 171 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The Commission may, by means of implementing acts, define the circumstances, formats and procedures for the report referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 177 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) compliance with the request would be incompatible with this Regulation and applicable legislation.
Amendment 187 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
The supervisory body concerned mayshall also inform the public or require the trust service provider to do so, where it determines that disclosure of the breach is in the public interest.
Amendment 34 #
2012/0035(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The quality, safety and efficacy of medicinal products, including the bioequivalence of genericand the biosimilarity of medicinal products with the reference product, are ascertained in the framework of marketing authorisation procedures. In the framework of pricing and reimbursement procedures, Member States should therefore not re- assess the elements on which the marketing authorisation is based, including the quality, safety, efficacy or, bioequivalence or biosimilarity of the medicinal product.
Amendment 38 #
2012/0035(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In accordance with Directive 2001/83/EC, intellectual property rights do not provide a valid ground to refuse, suspend or revoke a marketing authorisation. By the same token, applications, decision-making procedures and decisions to regulate the prices of medicinal products or to determine their coverage by health insurance systems should be considered administrative procedures which, as such, are independent from the enforcement of intellectual property rights. The national authorities in charge of those procedures, when examining an application with respect to a generic or biosimilar medicinal product, should not request information concerning the patent status of the reference medicinal product and should not examine the validity of an alleged violation of intellectual property rights should the generic or biosimilar medicinal product be manufactured or placed on the market subsequently to their decision. Consequently, intellectual property issues should neither interfere with nor delay pricing and reimbursement procedures in the Member States.
Amendment 47 #
2012/0035(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall ensure that a decision on the price which may be charged for the medicinal product concerned is adopted and communicated to the applicant within 60 days of the receipt of an application submitted, in accordance with the requirements laid down in the Member State concerned, by the holder of a marketing authorisation. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 1530 days, provided that the price of the reference medicinal product has been approved by the competent authorities.
Amendment 50 #
2012/0035(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days of receipt of this additional information. However, with respect to medicines for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be in all events 1530 days, provided that the price of the reference medicinal product has been approved by the competent authorities. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
Amendment 68 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall ensure that a decision on an application to include a medicinal product in the scope of the public health insurance system, submitted by the marketing authorisation holder in accordance with the requirements laid down in the Member State concerned, is adopted and communicated to the applicant within 60 days of its receipt. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 1530 days, provided that the reference medicinal product has already been included in the public health insurance system.
Amendment 71 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. If the information supporting the application is inadequate, the competent authorities shall forthwith notify the applicant of the detailed additional information required and take their final decision within 60 days of receipt of this additional information. However, with respect to medicinal products for which Member States use health technology assessment as part of their decision-making process, the time-limit shall be 90 days. With respect to generic medicinal products, that time limit shall be 1530 days, provided that the reference medicinal product has already been included in the public health insurance system. Member States shall not request any additional information which is not explicitly required under national legislation or administrative guidelines.
Amendment 73 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Irrespective of the organisation of their internal procedures, Member States shall ensure that the overall period of time taken by the inclusion procedure set out in paragraph 5 of this Article and the price approval procedure set out in Article 3 does not exceed 120 days. However, with respect to the medicinal products for which Member States use health technology assessment as part of their decision-making process, the time limit shall not exceed 180 days. With respect to generic medicinal products, that time limit shall not exceed 360 days, provided that the reference medicinal product has already been included in the public health insurance system. Those time-limits may be extended in accordance with paragraph 5 of this Article or Article 3(5).
Amendment 75 #
2012/0035(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall publish in an appropriate publication and communicate to the Commission the criteria which the competent authorities must take into account when deciding whether or not to include medicinal products within the scope of the public health insurance system. The identity and statements of interest of the experts involved in the decision-making process shall also be published.
Amendment 78 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
Amendment 79 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) refer any instances of non- compliance with time limits set in Article 7 to the relevant body, in accordance with national law, should the competent authority have been unable to prove that the delay is not imputable to it.
Amendment 80 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – point c
Article 8 – paragraph 2 – subparagraph 1 – point c
Amendment 81 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 82 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 83 #
2012/0035(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
The body referred to in paragraph 2 shall state reasons for its decision. Furthermore, where that body idoes not have judicial in characterauthority, provision must be made to guarantee procedures whereby any allegedly illegal measure taken by the independent body or any alleged defect in the exercise of powers conferred on it can be subject to judicial review or review by another body which is a court or tribunal within the meaning of Article 267 of the Treaty on the Functioning of the European Union and independent of both the competent authority and the body referred to in paragraph 2.
Amendment 86 #
2012/0035(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Any decision to exclude a category of medicinal products from the scope of the public health insurance system, or to modify the extent or the conditions of coverage of the category concerned, shall contain a statement of reasons based on objective and verifiable criteria and be published in an appropriate publicationmade publicly available.
Amendment 87 #
2012/0035(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall publish in an appropriate publicationmake publicly available and communicate to the Commission the objective and verifiable criteria according to which medicinal products are classified in view of their inclusion in the public health insurance system.
Amendment 88 #
2012/0035(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the medicinal products subject to such grouping or classification, Member States shall publish in an appropriate publicationmake publicly available and communicate to the Commission the methodologies used to determine the extent or conditions of their inclusion in the public health insurance system.
Amendment 90 #
2012/0035(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Measures referred to in paragraph 1, including any evaluation, expert opinion or recommendation on which they are based, shall be published in an appropriate publicationmade publicly available.
Amendment 96 #
2012/0035(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Additional proof of quality, safety, efficacy or, bioequivalence or biosimilarity
Amendment 100 #
2012/0035(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In the framework of pricing and reimbursement decisions, Member States shall not re-assess the elements on which the marketing authorisation is based, including the quality, safety, efficacy or, bioequivalence or biosimilarity of the medicinal product.
Amendment 102 #
2012/0035(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Where a Member State intends to adopt or amend any measure falling within the scope of this Directive, it shall give interested parties, civil society organisations and stakeholders the opportunity to comment on the draft measure within a reasonable period. The competent authorities shall publish the rules applicable to consultations. The results of consultations shall be made publicly available, with the exception of confidential information in accordance with Union and national legislation regarding business confidentiality.
Amendment 116 #
2012/0035(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a The Commission shall establish and maintain a publicly accessible online database containing comparative information on procurement prices for all medicines purchased by Member States.
Amendment 2 #
2011/2115(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Council to continue implementation of the European external market access strategy with a view to removing non-tariff trade barriers and to improving legal security for all economic operators;
Amendment 7 #
2011/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the proposal contained in the Single Market Act aiming to promote regulatory convergence and the wider adoption of international standards; hopes that the structured regulatory dialogues established in this field with some of its partners in particular in the areas of consumer and environmental protection, health and labour standards as well as animal welfare; hopes that the structured regulatory dialogues established in this field with some of its partners, such as the Transatlantic Economic Council with the US, the High Level Economic and Trade Dialogue with China or the High Level Group with Japan, will produce practical results as regards the mutual recognition, convergence and development of rules and standards and that such dialogues will be put in place with other trading partners;
Amendment 12 #
2011/2115(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that the proliferation of bilateral and regional trade agreements contributes to rendering international trade relations more cumbersome, costly and unpredictable for economic operators; calls on the Council and the Commission to strengthen the multilateral trade regime, especially with regard to the advancement of the WTO Doha round;
Amendment 14 #
2011/2115(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the added difficulties faced by SMEs when tackling foreign regulations and non-tariff barriers, notably the legal and administrative burdens associated with Trade Defence Instrument procedures;
Amendment 16 #
2011/2115(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to hasten the simplification and adaptation of TDI procedures to the needs and accounting systems of SMEs and the establishment of adequate support measures for SMEs affected by proceedings initiated by third countries;
Amendment 28 #
2011/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of developing trade relations between the European Union and China; calls, however, on the Commission to maintain a strong stance in negotiations with China on its particisecuring balanced agreements on access to government procurement markets with the EU's trading partners; underlines the need to demand reciprocity of developed countries which are partion ines to the Government Procurement Agreement (GPA), in order to secure the equal opening of Chinese procurement procedures and equal treatment of European businessesin future reviews thereof;
Amendment 34 #
2011/2115(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the Commission to ensure third party compliance with the Technical Barriers to Trade Agreement when setting standards and to devise strategies to incentivise fair and equitable standard- setting in those sensitive areas where derogations apply;
Amendment 38 #
2011/2115(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underscores the untapped benefits of further transatlantic market integration and endeavours to strengthen upstream regulatory cooperation with the United States Congress, in the framework of the Transatlantic Legislators' Dialogue, so as to prevent unintended trade barriers; stresses the potential of combined transatlantic strategies to shape labour, health, safety and environmental standards and international regulatory regimes in areas such as consumer rights and intellectual property rights;
Amendment 39 #
2011/2115(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Member States and the Commission to strengthen policy coordination with the United States in order to ensure sustainable access to raw materials, notably rare earths, ICT network interoperability and the facilitation of SMEs' access to the transatlantic markets.
Amendment 19 #
2011/2048(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Whereas the Treaty principles of non- discrimination, equal treatment, transparency, mutual recognition and proportionality also apply to tender procedures which fall below the de minimis thresholds for application of the Public Procurement Directives;
Amendment 71 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracts: the most economically advantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosen, with a maximum weight of 50 % for the criterion of price in contracts concerning the provision of Social Services of General Interest;
Amendment 122 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for a reassessment and gradual increase of the de minimis thresholds so as to facilitate access to public procurement by not-for-profit and social economy operators as well as SMEs;
Amendment 123 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses the value of taking social objectives into account in the selection criteria and in technical specifications, especially as far as inclusion and protection of human health and workers are concerned; emphasises the importance of enabling Member States to extend the scope of reserved contracts to not-for-profit operators;
Amendment 611 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Contracting authorities may impose on economic operators requirements aimed at protecting the confidential nature of information which the contracting authorities make available throughout the procurement procedure, should the disclosure of such information prejudice fair competition.
Amendment 627 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
1. Member States shall provide for rules to effectively prevent, identify and immediately remedy conflicts of interests arising in the conduct of procurement procedures that are subject to this Directive, including preliminary market consultations, the design and preparation of the procedure, the drawing- up of the procurement documents, the selection of candidates and tenderers and the award of the contract, so as to avoid any distortion of competition and ensure equal treatment of all tenderers.
Amendment 679 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Member States may decide not to shall transpose into their national law the competitive procedure with negotiation, the competitive dialogue and the innovation partnership procedures.
Amendment 984 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall stateVariants may be authorised in the procurement documents which define the minimum requirements to be met by the variants and any specific requirements for their presentation. These minimum requirements are mandatory to ensure that the variants will not affect the subject matter of the contract. The contracting authority may reject any variants on the ground that it would affect the subject matter of the contract. 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 1002 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 ,000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons for their decision to divide or not divide the contract into lots, as regards the indissolubility in technical, legal or financial terms. For specific contracts, Member States may define and impose compulsory lots.
Amendment 1324 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tendererd to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. Contracting authorities may refuse subcontractors that don't bring added value or that represent a technical, legal or financial risk. Contracting authorities may indicate in the tender document the part which may not be subcontracted. Procurement documents will stipulate the reasons for this restriction.
Amendment 1473 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 2 – subparagraph 2 – point d
Article 84 – paragraph 2 – subparagraph 2 – point d
(d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. These data shall be collated according to a common set of variables and methodology, so as to enable unified procurement databases and statistics at EU level, thus allowing for scientific comparisons between public procurement practices between different Union Member States.
Amendment 1486 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
Article 84 – paragraph 3 – subparagraph 1 – point g a (new)
(ga) assist procurement agencies and authorities to have in place internal whistleblowing procedures for staff to ensure that: - any staff member (including temporary and contract workers, interns and consultants) who makes a good-faith disclosure regarding any type of material wrongdoing is protected from any and all forms of retaliation, harassment or deleterious actions - the confidentiality of whistleblowers is maintained unless explicitly waived by them - adequate mechanisms are made available for disclosures to be made, such as helplines and online forms - a whistleblower who has been retaliated against has the right to a fair hearing before an impartial forum and shall be fully compensated; those who commit retaliation shall be duly sanctioned - disclosures are properly investigated and corrective action taken (if appropriate), and that whistleblowers have the option to participate in these procedures - managers must prove that any actions taken against a whistleblower were motivated by reasons other than the whistleblowing - inaccurate disclosures, if made in good faith, are protected; disclosures shown to be made in bad faith are not protected - management and staff should be adequately trained in whistleblower rights, policies and procedures - whistleblower policies should be monitored and evaluated at regular intervals by independent bodies - external whistleblowing to elected officials, NGOs, the media and other appropriate parties is protected if internal channels do not function or do not exist
Amendment 1497 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6 – point a
Article 84 – paragraph 6 – point a
(a) 1 00250 000 EUR in the case of public supply contracts or public service contracts;
Amendment 1499 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 6 – point b
Article 84 – paragraph 6 – point b
(b) 10 000 000 EUR in the case of public works contracts.
Amendment 1503 #
2011/0438(COD)
Proposal for a directive
Article 84 – paragraph 7 – subparagraph 1
Article 84 – paragraph 7 – subparagraph 1
7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, giv collect and publicly provide unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6all documentation pertaining to any tendering processes. Specific procedural documents such as contracts, contract amendments and audits pertaining to all concluded contracts shall also be made public. Access to certain parts of the contractssuch information may be refusewithheld where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.
Amendment 1548 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions. Member States may also use external consultancy services to complement their programme and project management skills and competences.
Amendment 1581 #
2011/0438(COD)
Proposal for a directive
Annex 14 – part 2 – paragraph 1 – point a – point ii
Annex 14 – part 2 – paragraph 1 – point a – point ii
(ii) a list of the principal deliveries effected or the main services provided over at the most the past threfive years, with the sums, dates and recipients, whether public or private, involved. Where necessary in order to ensure an adequate level of competition, contracting authorities may indicate that evidence of relevant supplies or services delivered or performed more than threfive years before will be taken into account;
Amendment 103 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuse partial accessa Member State should be able to refuse partial access. Partial access will not be granted to professions providing health services or otherwise related to public health.
Amendment 130 #
2011/0435(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To simplify the system for automatic recognition of medical and, dental , veterinary and pharmacy specialities, such specialities should be covered by Directive 2005/36/EC if they are common to at least one third of the Member States.
Amendment 157 #
2011/0435(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognition unders regulated by Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC. All Member States should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to anotheris temporarily or permanently removed from the right to practice in their home or host Member State. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 165 #
2011/0435(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, 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 updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work,, allowing for the representation of stakeholders in the professions, and including at experts at both European and national level. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely, transparent and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 166 #
2011/0435(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, 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 updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, assisting the recognition of post-graduate specialties of professions regulated under Chapter III of Title III that do not have pre-existing arrangements for specialty recognition, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. 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 to the Council.
Amendment 208 #
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 1 – paragraph 1 – point l
Article 1 – paragraph 1 – point l
(l) “lifelong learning”: all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in competencies (knowledge, skills and competences., attitudes and values). (When referring to 'competencies', the term 'competences' (sic) should be replaced by the former in recitals10 and 18 and Articles 11 (b)ii, 14 (5), 14 (6), 31, 24 (4), 34 (4), 49a, 58.)
Amendment 269 #
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 c – paragraph 1
Article 4 c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeks from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years, unless overriding concerns are expressed.
Amendment 361 #
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 f paragraph 2
Article 4 f paragraph 2
2. Partial access may be rejected if such rejection is justified by an overrshall not be granted to professions providing rheason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessarylth services or otherwise related to public health.
Amendment 454 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
For the purposes of point (b) of the first paragraph, as from [insert date - the day after the date set out in first subparagraph of paragraph 1 of Article 3] and every five years thereafter, the competent authorities in Member States shall submit publicly available reports to the Commission and to the other Member States on their continuing education and training procedures related to doctors of medicine, medical specialists, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives anspecialised veterinary surgeons, midwives, pharmacists, and specialised pharmacists.
Amendment 455 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 (new)
Article 1 – paragraph 1 – point 17 (new)
Directive 2005/36/EC
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States shall have a system in place to ensure that health professionals regularly update their competencies through Continuing Professional Development
Amendment 481 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Directive 2005/36/EC
Article 31– paragraph 2
Article 31– paragraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to the educational, scientific and technical progress, as well as the development and evolution of the nursing profession.
Amendment 484 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Article 1 – paragraph 1 – point 22 – point c
Directive 2005/36/EC
Article 31
Article 31
The training of nurses responsible for general care shall comprise at least three years of study, which may also be expressed with the equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and clinical training, the duration of the theoretical training representing at least one third and the duration of the clinical training at least one half of the minimum duration of the training. Member States may grant partial exemptions to persons who have received part of their training on courses which are of at least an equivalent level.
Amendment 562 #
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 1
Article 49 a – paragraph 1
1. For the purpose of this Article, “common training framework” shall mean a common set of knowledge, skills and competences necessary for the pursuit of a specific profession or post graduate specialty of a profession regulated under Chapter III of Title III. For the purpose of access to and pursuit of such profession or specialty, a Member State shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the criteria set under paragraph 2. Such criteria shall respect the specifications referred to in paragraph 3.
Amendment 573 #
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 d
Article 49 a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to levels of the European Qualifications Framework, as defined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning(*)the levels of Article 11 of this Directive;
Amendment 576 #
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 concernedor post graduate specialty of a profession regulated under Chapter III of Title III is neither covered by another common training framework nor regulated already under Chapter III of Title III or article 10, point b, or already recognised as a specialty within Annex V;
Amendment 601 #
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
Article 53 – paragraph 2
In case of professions with public health and patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsverify the knowledge of a language necessary for professional practice following recognition of the professional qualification but prior to granting access to the profession. Language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks, as appropriate.
Amendment 609 #
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 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health and patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsverify the knowledge of a language necessary for professional practice. Language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks, as appropriate.
Amendment 618 #
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 to the choice of the person concerned, itverification of knowledge of a language 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 652 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1
Article 56 a – paragraph 1
The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibitedtemporarily or permanently removed from the right to practice in their home or host Member State by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 655 #
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 – paragraph 1 – point ca
Article 56 – paragraph 1 – point ca
(ca) nurses recognised under the scope of the article 10.
Amendment 703 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications, ensuring appropriate representation and consultation at both European and national expert level. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 104 #
2011/0288(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The implementation of this regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regards to ensure that the deployment of CAP measures do not jeopardize the food production capacity and long term food security developing countries and the ability of those populations to feed themselves, while complying with the obligation of Policy Coherence for Development under Article 208 of the Treaty on Functioning of the European Union.
Amendment 662 #
2011/0288(COD)
Proposal for a regulation
Article 110 – paragraph 2 – subparagraph 1 – point c a (new)
Article 110 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) external impact on the right to food including impact on food production capacity, on farmers' incomes and livelihoods and on access to land in developing countries and in poor countries which have policies aimed reducing their dependence on imported food.
Amendment 184 #
2011/0282(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes. The added value of the LEADER approach is not limited to the projects undertaken and physical outputs, but also the bottom-up approach of an independent local action group can produce significant added value such as 'capacity-building' and 'empowering the local community' which is not achieved where decision-making is dominated by local authorities. 1 __________________ 1 as identified by the Special Report No. 5 2010 of the European Court of Auditors on the implementation of the LEADER approach for Rural Development
Amendment 185 #
2011/0282(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Support to LEADER local development from the EAFRD should cover all aspects of the preparation and implementation of local development strategies and operation of local action groups in which decision-making is community-led and in partnership with other relevant actors, as well as cooperation among territories and groups which carry out bottom-up and community-led local development. In order to enable partners in rural areas not yet applying LEADER to test and prepare for the design and operation of a local development strategy a ‘LEADER start-up kit’ should also be financed. In order to ensure the efficient and effective use of EAFRD budgetary resources and the implementation of the LEADER approach, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed definition of eligible animation costs for local action groups and for the purpose of adopting rules to ensure that Member States fully implement the community-led approach.
Amendment 329 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – introductory part
Article 5 – paragraph 1 – point 2 – introductory part
(2) enhancing competitiveness of all types of agriculture and forestry, and enhancing farm viability, with a focus on the following areas:
Amendment 336 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
(a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversificationencouraging investment in innovative farm technologies and facilitating their diffusion and uptake;
Amendment 361 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b a (new)
Article 5 – paragraph 1 – point 2 – point b a (new)
(b a) improving the economic performance of all farms, increasing market participation, orientation and diversification;
Amendment 370 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b b (new)
Article 5 – paragraph 1 – point 2 – point b b (new)
(b b) facilitating restructuring of farms facing major structural problems.
Amendment 623 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b – point ii a (new)
Article 12 – paragraph 1 – point b – point ii a (new)
(ii a) a change in the EAFRD contribution rate of one or more measures;
Amendment 627 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b – point ii b (new)
Article 12 – paragraph 1 – point b – point ii b (new)
(ii b) a transfer of fund between measures implemented under different EAFRD contribution rates;
Amendment 630 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. The approval referred to in paragraph 1 shall be issued by the Commission within two months of the receipt of the request.
Amendment 1057 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) investments byfor public bodiesuse in recreational infrastructure, tourist information, small scale tourist infrastructure, marketing of rural tourism services and sign-posting of touristic sites;
Amendment 1102 #
2011/0282(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point e a (new)
Article 22 – paragraph 1 – point e a (new)
(ea) the preparation of management plans; or equivalent instruments, in line with sustainable forest management.
Amendment 1402 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for all or part of the additional costs and income foregone related to the constraints for agricultural production in the area concerned.
Amendment 1490 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, notably agricultural and commercial job creation, including inter-branch organisations;
Amendment 1528 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point g a (new)
Article 36 – paragraph 2 – point g a (new)
(ga) collective approaches to job creation in rural areas, including in particular for women and young people;
Amendment 1529 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point g b (new)
Article 36 – paragraph 2 – point g b (new)
(gb) collective approaches to improving quality of life and rural infrastructure;
Amendment 1673 #
2011/0282(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) capacity building, training and networking with a view to preparing and implementing a community-led local development strategy.
Amendment 435 #
2011/0281(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The implementation of this regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regards to ensure that the deployment of CAP measures do not jeopardize the food production capacity and long term food security developing countries and the ability of those populations to feed themselves, while complying with the obligation of Policy Coherence for Development under Article 208 of the Treaty on Functioning of the European Union.
Amendment 475 #
2011/0281(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the EU and in third countries.
Amendment 612 #
2011/0281(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. For the purposes of this Regulation, 'adverse climatic events' shall mean severe weather conditions, such as frost, hail, ice, rain or drought, which destroy or reduce overall production or production of a particular crop by more than 30% compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry.
Amendment 637 #
2011/0281(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Within 6 months after the entry into force of the Regulation, the Commission shall review the reference prices in the milk and milk products and the beef and veal sectors and the reference price for paddy rice taking into account the evolution of production costs over a representative period.
Amendment 644 #
2011/0281(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Prices, production costs and margins reporting systems The Commission shall, by means of implementing acts, set up an information system on prices, production costs and margins in the commodities market, including a system for the publication of price levels, production cost and margin indicators for the commodities market. The system shall be based on information submitted by operators involved in the commodities trade. This information shall be treated with confidentiality. The Commission shall ensure that the information published does not permit the identification of individual operators.
Amendment 661 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
c a) fresh and chilled meat of sheep, pig and goats sector
Amendment 683 #
2011/0281(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) mayshall be opened for the beef and veal sector by the Commission, by means of other implementing acts, ifbefore the average market price over a representative period adopted pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to in Article 18(8) is belowreaches EUR 1 560/tonne.Within six months after the entry into force of this regulation, the Commission shall review the intervention price in the beef and veal sector taking into account the evolution of production costs over a representative period.
Amendment 689 #
2011/0281(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) may be opened by the Commission, by means of implementing acts, for the sheep and goats sector if the market situation so requires.
Amendment 752 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(aa) dried fodder;
Amendment 753 #
Amendment 756 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) olive oil and table oils;
Amendment 800 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point h a (new)
Article 16 – paragraph 1 – point h a (new)
(h a) starch potato;
Amendment 802 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Aid for private storage shall be granted for butter produced from cream obtained directly and exclusively from cow's milk.
Amendment 1739 #
2011/0281(COD)
Proposal for a regulation
Article 108 – paragraph 1 – point c – point x
Article 108 – paragraph 1 – point c – point x
(x) encouraging healthy, moderate or responsible consumption of the products and informing about the harm linked to hazardous consumption patterns;
Amendment 2012 #
2011/0281(COD)
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2 a (new)
Article 144 – paragraph 1 – subparagraph 2 a (new)
Amendment 2052 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 1
Article 154 – paragraph 1 – subparagraph 1
Taking into account the need to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or significant falls in producer margin or any other factors affecting the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty.
Amendment 2079 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 2 – subparagraph 1 a (new)
Article 155 – paragraph 2 – subparagraph 1 a (new)
Amendment 117 #
2011/0280(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of this regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regards to ensure that the deployment of CAP measures do not jeopardize the food production capacity and long term food security developing countries and the ability of those populations to feed themselves, while complying with the obligation of Policy Coherence for Development under Article 208 of the Treaty on Functioning of the European Union.
Amendment 421 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown and with re- establishment where necessary) and that has not been included in the crop rotation of the holding for fiveeight years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;
Amendment 462 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. "Uncultivated land": all areas that are not agriculturally managed but does not include permanent pastures, meadows or land temporarily taken out of production.
Amendment 1289 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more thbetween 15 and 30 hectares, and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearthree different crops where the arable land of the farmer covers more than 30 hectares;
Amendment 1457 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. Farmers fulfilling commitments undertaken in accordance with Article 39(2) of Regulation (EC) 1698/2005 or with Article 29 (2) of Regulation (EC) No [...][RDR], or whose holding is certified under national or regional environmental certification schemes, shall be considered as complying with one or several of the related agricultural practices referred to in paragraph 1 provided these commitments and the environmental certification schemes fulfil the following conditions: a) they shall cover the entire part of the holding of the farmer which is subject to the related practice(s) referred to in paragraph 1; b) they shall be of the same type as practices referred to in paragraph 1; and c) they shall go beyond the practices referred to in paragraph 1 in terms of benefits for the climate and for the environment. As regards the certification schemes referred to in the first subparagraph, these shall be effective, objective and transparent.
Amendment 1512 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more thbetween 15 and 30 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least threewo different crops. None of those three crops shall cover less than 510 % of the arable land ; Where the arable land of the main one shall not exceed 70 farmer covers more than 30 hectares, cultivation on the arable land shall consist of at least three different crops. The main crop shall not cover more than 70% of the arable land and the 2 main crops together shall not cover more than 95% of the arable land.
Amendment 1701 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the eligible agricultural area covers more than 20 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland and historical pastures and permanent crops as defined in Article 31 a (1), is ecological focus area such as land left fallow, terraces, landscape features like hedges or stone walls, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1924 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States which do not include a thematic sub-programme for young farmers under Article 8 of Regulation (EU) No [ ] [RDR] with the maximum support rates increased in accordance with annex 1 of Regulation (EU) No [ ] [RDR] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1965 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 4 – subparagraph 1 (new)
Article 36 – paragraph 4 – subparagraph 1 (new)
Member States shall fix a limit which may be up to a maximum of 50 hectares
Amendment 1966 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
Amendment 2016 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Amendment 2223 #
2011/0280(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Farmers wishing to participate in the small farmers scheme shall submit an application by 15 October 2014 except in cases of force majeure and exceptional circumstances.
Amendment 2225 #
2011/0280(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 207 #
2011/0137(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The customs authorities shall, upon request and if known, provide the holder of the decision granting the application and, where relevant, law enforcement authorities and agencies with the names and addresses of the consignee, the consignor, the declarant or the holder of the goods, the customs procedure and the origin, provenance and destination of goods suspected of infringing an intellectual property right. For goods in transit that are suspected of infringing an intellectual property right in the country of destination, the customs authorities may communicate this information to the customs authorities in the country of destination.
Amendment 16 #
2011/0136(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Libraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. Libraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations in the Member States contribute to the preservation and dissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries’ collections.
Amendment 19 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 22 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the author prior to the digitisation and making available of a work.
Amendment 25 #
2011/0136(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In particular, a common approach to determine the orphan status and the permitted uses of orphan works is necessary to ensure legal certainty in the internal market with respect to the use of orphan works by libraries, museums, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 26 #
2011/0136(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations and produced by them include orphan works. Taking into account the special position of broadcasters as producers of audio and audiovisual material and the need to adopt measures to limit the phenomena of orphan works in the future, it is appropriate to set a cut off date relating to the application of this Directive as far as the works in the archives of broadcasting organisations are concerned.
Amendment 32 #
2011/0136(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations.
Amendment 39 #
2011/0136(COD)
Proposal for a directive
Recital 14
Recital 14
(14) OrphanCreative works may have several authorightholders or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 44 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authorightholders arbe entitled to put an end to the orphan status in case they come forward to claim their works.
Amendment 48 #
2011/0136(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and, film heritage institutions and broadcasters may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners.
Amendment 51 #
2011/0136(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existinglegally recognised arrangements in the Member States concerning the management of rights such as extended collective licences.
Amendment 53 #
2011/0136(COD)
Proposal for a directive
Recital 22
Recital 22
(22) When a Member State authorises, under the conditions established in this Directive, the use of orphan works by publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission, rightholders who come forward to claim their works should be remunerated. Such remuneration should takebe fair and proportionate, taking account of the type of work and the use concerned. Member States may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this Directive should contribute to financing rights information sources that will facilitate diligent search, by low-cost and automated means, in respect of categories of works that fall actually or potentially within the scope of application of this Directive.
Amendment 54 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film heritage institutions and public service broadcasting organizations.
Amendment 56 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works protected by copyright which were first published or broadcast in a Member State and which are:
Amendment 59 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work shall be considered an orphan work if the rightholder in the work is not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out, in good faith and in reasonable terms, and recorded in accordance with Article 3.
Amendment 67 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out, in good faith and in reasonable terms, only in the Member State of first publication or, broadcast or other form of public communication.
Amendment 69 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. When a cinematographic and audiovisual work is known to be a co- production, the diligent search shall be carried out in each of the Member States involved in the co-production.
Amendment 73 #
2011/0136(COD)
Proposal for a directive
Article 4
Article 4
A work which is considered an orphan work according to Article 2 in a Member State shall be considered an orphan work in all Member States. This Directive shall not prejudice legally recognised arrangements in the Member States which concern the management of rights, such as extended collective licensing.
Amendment 74 #
2011/0136(COD)
Proposal for a directive
Article 5
Article 5
Member States shall ensure that aeach rightholder into a work considered to be orphan has, at any time, the possibility of putting an end to the orphan statusto claim the respective copyrights, without prejudice to the orphan status of the work in respect of the rights of rightholders which have not been identified or located. A work shall only lose its status as an orphan work if all the rightholders to that work are identified or located.
Amendment 77 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) by acts of reproduction, within the meaning of Article 2 of Directive 2001/29/EC, for the purposes of digitization, making available, indexing, cataloguing, preservation or restoration.
Amendment 80 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works in accordance with paragraph 1,ticle 6(2): (a) maintain records of their diligent search andes; (b) maintain publicly accessible records of usetheir use of orphan works; (c) indicate the name of any rightholder which has been identified but not located.
Amendment 84 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work for purposes other than those referred to in Article 6(2), provided thatsubject to compliance with Article 6(4):
Amendment 85 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Amendment 86 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 87 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 88 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
(4) rightholders which put an end to the orphan status of the work,claim their respective rights within the meaning of Article 5, are fairly and proportionately remunerated for the use that has been made of the work by the organisations referred to in Article 1(1). Rightholders are entitled to fair and proportionate remuneration under point (4) within a period fixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim;
Amendment 89 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
Amendment 98 #
2011/0136(COD)
Proposal for a directive
Annex – introductory part
Annex – introductory part
The sources referred to in Article 3(2) shall binclude the following:
Amendment 102 #
2011/0062(COD)
Proposal for a directive
Title 1
Title 1
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on credit agreements relating to residential property and credit agreements secured by mortgages
Amendment 107 #
2011/0062(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure the fullest possible transparency and to prevent abuses arising from possible conflicts of interest when consumers use the services of credit intermediaries, the latter should be subject to certain information disclosure obligations prior to the performance of their services. Such disclosures should include information on their identity and links with creditors, for instance whether they are considering products from a broad range of creditors or only from a more limited number of creditors. Those cCredit intermediaries that are not tied to one creditor or one group of creditors should furthershould disclose to consumers information on the existence of commissions payable by creditors for whom they are acting and the possible variations within those commissions. Member States should ensure a level playing field by requiring comparable information related to the distribution costs of creditors.
Amendment 111 #
2011/0062(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers should provide all available relevant information on their financial situation and personal circumstances to the creditor or intermediary in order to facilitate the creditworthiness assessment. The consumer should not, however, be penalised where he is not in a position to provide certain information or assessments of the future evolution of his financial situation. In situations where consumers knowingly provide incomplete or inaccurate information, Member States should be able to determine the appropriate penalties.
Amendment 135 #
2011/0062(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘Credit intermediary’ means a natural or legal person who is not acting as a creditor and who, in the course of his trade, business or profession, for a feeremuneration, which may take a pecuniary form or any other agreed form of financial consideration:
Amendment 138 #
2011/0062(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
ii) assists consumers by undertaking preparatory work in respect of credit agreements within the meaning of Article 2 other than as referred to in point (i);or
Amendment 160 #
2011/0062(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) The staff of creditors and credit intermediarieCredit intermediaries and the staff of creditors possess an appropriate level of knowledge and competence in relation to the offering or granting of credit agreements within the meaning of Article 2, or the activity of credit intermediation as defined in Article 3(e). Where the conclusion of a credit agreement includes an ancillary service related to it, in particular insurance or investment services, they shall also possess appropriate knowledge and competence in relation to that ancillary service in order to satisfy the requirements set out in Article 19 of Directive 2004/39/EC and Article 4 of Directive 2002/92/EC.
Amendment 205 #
2011/0062(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Tying of ancillary services 1. Member States shall prohibit creditors or credit intermediaries from tying by making the offer of a credit agreement conditional upon the purchase of insurance or other financial products from a given provider specified by the creditor or credit intermediary except for the opening of a current account. 2. The change of provider of ancillary services which are linked to the credit agreement for residential property cannot have an implication on the credit rate of the credit agreement for residential property or on any other element of the credit agreement.
Amendment 254 #
2011/0062(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) consider a sufficiently large number of credit agreements and providers available on the market so as to enable the recommendation of the most suitable credit agreements for the consumer's needs, financial situation and personal circumstances;