Activities of Amelia ANDERSDOTTER
Plenary speeches (38)
European single market for electronic communications - Measures to reduce the cost of deploying high-speed electronic communications networks - Electronic identification and trust services for electronic transactions in the internal market (debate)
Space surveillance and tracking support framework (A7-0030/2014 - Amelia Andersdotter) (vote)
Discharge 2012 (debate)
Discharge 2012 (debate)
Production and making available on the market of plant reproductive material (plant reproductive material law) (debate)
Trans-European telecommunications networks (debate)
29th annual report on monitoring the application of EU law (2011) - EU regulatory fitness and subsidiarity and proportionality - better lawmaking (debate)
Consumer programme 2014-2020 (debate)
EU cybersecurity strategy: an open, safe and secure cyberspace - Digital agenda for growth, mobility and employment (debate)
Re-use of public sector information (debate)
Customs enforcement of intellectual property rights (debate)
European Network and Information Security Agency (ENISA) (debate)
Definition, description, presentation, labelling and protection of geographical indications of spirit drinks
Online consumer dispute resolution (A7-0236/2012 - Róża Gräfin von Thun und Hohenstein)
European social entrepreneurship funds (A7-0194/2012 - Sophie Auconie)
Eliminating gender stereotypes in the EU (A7-0401/2012 - Kartika Tamara Liotard)
Impact of the economic crisis on gender equality and women's rights - Eliminating gender stereotypes in the EU - Situation of women in North Africa (debate)
One-minute speeches (Rule 150)
European Innovation Partnership on Active and Healthy Ageing (short presentation)
Information and consultation of workers, anticipation and management of restructuring (A7-0390/2012 - Alejandro Cercas)
Development aspects of intellectual property rights on genetic resources (A7-0423/2012 - Catherine Grèze)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Forthcoming World Conference on International Telecommunications (WCIT-2012) of the International Telecommunications Union, and the possible expansion of the scope of international telecommunication regulations (debate)
Protecting children in the digital world (short presentation)
EU-Russia trade relations following Russia's accession to the WTO (debate)
One-minute speeches on matters of political importance
EU trade negotiations with Japan (debate)
Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA (debate)
Future of European company law (debate)
EU trade agreement with Colombia and Peru (debate)
Reports (1)
REPORT on the proposal for a decision of the European Parliament and of the Council establishing a space surveillance and tracking support programme PDF (375 KB) DOC (505 KB)
Shadow reports (15)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the reduction or elimination of customs duties on goods originating in Ukraine PDF (149 KB) DOC (66 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC, 2002/22/EC, and Regulations (EC) No 1211/2009 and (EU) No 531/2012 PDF (1 MB) DOC (2 MB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part PDF (148 KB) DOC (65 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 PDF (432 KB) DOC (476 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks PDF (334 KB) DOC (458 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova PDF (175 KB) DOC (243 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market PDF (1 MB) DOC (1 MB)
REPORT on unleashing the potential of cloud computing in Europe PDF (324 KB) DOC (179 KB)
REPORT on Implementation report on the regulatory framework for electronic communications PDF (215 KB) DOC (111 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans European telecommunications networks and repealing Decision No 1336/97/EC PDF (547 KB) DOC (867 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/98/EC on re-use of public sector information PDF (523 KB) DOC (779 KB)
REPORT on financing EU SMEs’ trade and investment: facilitated access to credit in support of internationalisation PDF (182 KB) DOC (125 KB)
RECOMMENDATION on the draft Council decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America PDF (238 KB) DOC (149 KB)
REPORT on critical information infrastructure protection – achievements and next steps: towards global cyber-security PDF (195 KB) DOC (127 KB)
REPORT on a competitive digital single market – eGovernment as a spearhead PDF (260 KB) DOC (197 KB)
Opinions (2)
OPINION on a Digital Freedom Strategy in EU Foreign Policy
OPINION on the draft Council decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the united States of America
Shadow opinions (14)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning the approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC
OPINION on the proposal for a directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union
OPINION on the proposal for a decision of the European Parliament and of the Council on the deployment of the interoperable EU-wide eCall
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark
OPINION on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)
OPINION on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
OPINION on the proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
OPINION on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in developing countries
OPINION on completing the Digital Single Market
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing "ERASMUS FOR ALL" - The Union Programme for Education, Training, Youth and Sport
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing the Creative Europe Programme
Written declarations (2)
Amendments (945)
Amendment 91 #
2013/2196(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Is deeply worried that personal and confidential individual mail-boxes of selected Members, parliamentary assistants and officials have been compromised after the Parliament has been subject to a man- in-the-middle attack where a hacker has captured the communication between private smartphones and the public Wi-Fi of the Parliament; insists that Parliament's IT an indefpence policy should be reinforced against any possible type of cyber-attacks; points out that user devices and access to Parliament’s systems from the internet have to be better protected in order to avoid similar situations in the futuredent third party ICT security audit carried out on all parliamentary ICT and telecommunications systems in accordance with the specifications laid down in Annex I with a view to completing a clear roadmap towards a more robust ICT security policy in 2015;
Amendment 92 #
2013/2196(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Considers that guest users should have access to a Wi-Fi network that cannot grant access to the intranet or internal IT services of the Parliament such as the webmail, thus separating the functionalities of the private Wi-Fi network and the guest Wi-Fi network; is of the opinion that an independent security audit should be carried out on the whole of Parliament’s IT and telecommunication infrastructure that reassures that Parliament operates within the highest available security standards against hacking and telephone tapping activities;
Amendment 93 #
2013/2196(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Considers that the important advancements pointed out in paragraph 21 of this document must be supported by adequate investments in support and maintenance activities for these projects, as well as the appropriate cooperation with members and staff; points out in particular the successful launch of the AT4AM system; regrets the discontinuation of the European Parliament Linux distribution configuration, which was never marketed or targeted towards members and staff who would have had an interest in such a project; notes that the introduction of new working tools for Members and staff assumes that pilot-phase testing of such working tools is done only in cooperation with such members and staff that are willing to endure the additional work that pilot-phase testing entails;
Amendment 94 #
2013/2196(DEC)
Motion for a resolution
Paragraph 65 b (new)
Paragraph 65 b (new)
65b. Is concerned with the findings of the DG ITEC ICT architecture report, which indicates that Parliament is currently using taxpayers' money to fund firewall vendors implicated in grave human rights violations in third countries by respected journalism freedom groups; remarks that open source solutions for firewalls are readily available and should be explored; insists that it is of utmost concern that Parliament and its administration are not seen to contribute to hardships and oppression through its ICT procurement;
Amendment 95 #
2013/2196(DEC)
Motion for a resolution
Paragraph 65 c (new)
Paragraph 65 c (new)
65c. Insists in the same spirit that Parliament cooperation collaborates further with DG DIGIT to identify not only new, disruptive ICT tools from non- incumbent vendors, but also suitable replacements for old ICT tools and infrastructures that go in the direction of open, interoperable and non-vendor dependent solutions with a view to social, ethical and economical responsibility;
Amendment 99 #
2013/2196(DEC)
Motion for a resolution
Paragraph 66 c (new)
Paragraph 66 c (new)
66c. Urges the Secretary-General to prioritise the employment of individuals which can work with effective conversion and development of open source, open standards based solutions, and the identification of appropriate social, ethical and secure software and hardware to replace old, vendor-dependent or suspicious ICT architectures;
Amendment 103 #
2013/2196(DEC)
Motion for a resolution
Paragraph 66 g (new)
Paragraph 66 g (new)
66g. Urges the Secretary-General to additionally secure that ICT support staff are available to members and staff at the work location, to enable both ICT support staff and parliamentary staff and members with the security and comfort of interacting face-to-face; reminds the Secretary-General that remote-access ICT support can be uncomfortable and less appropriate for the establishment of trust relationships between IT maintenance staff and those in need of IT maintenance; points also to the unsuitability of relying entirely on remote solutions until the above-mentioned security audit is adequately carried out;
Amendment 105 #
2013/2196(DEC)
Motion for a resolution
Paragraph 66 i (new)
Paragraph 66 i (new)
66i. The Secretary General shall ensure that by 1 December 2014, at least the following auditing actions will have been undertaken: 1. black box penetration testing 2. white box penetration testing 3. review of crypto protocols 4. review of applications 5. review of the Access Control Lists to the applications 6. review of the Access Control Lists to the physical infrastructures 7. review of compilation chain for applications. 8. review of source code for applications. The results of the audit shall be presented to the Committee on Budgetary Control and the Committee on Budgets together with an estimation of expenditures, staff resources and time necessary to remedy any security deficiencies found in the audit;
Amendment 407 #
2013/2195(DEC)
Motion for a resolution
Paragraph 212 a (new)
Paragraph 212 a (new)
212a. Calls on the European Commission to explore open source, well-audited solutions for e-mail and calendaring, including end-user softwares; reminds the Commission that also other parts of the stack not normally visible to end-users such as firewalls, web servers etc. can be considered from an open source, secure perspective if a public tender relies on functional specifications rather than brand-name products;
Amendment 408 #
Amendment 409 #
2013/2195(DEC)
Motion for a resolution
Paragraph 213 a (new)
Paragraph 213 a (new)
213a. Is concerned with the situation of effective captivity of the Union institutions with specific software-vendors; deplores that the Commission despite this realization has made no steps in 2012 towards preparing open, public tenders for ICT, based on transparent criteria and functional specifications rather than brand-names;
Amendment 410 #
2013/2195(DEC)
Motion for a resolution
Paragraph 213 b (new)
Paragraph 213 b (new)
213b. Recalls that the size of the SACHA II contract, and the full set of specific brand name products defined therein, was so large that only a very small number of contractors (two) could participate in the open, public tender; urges the Commission to prepare smaller open, public tenders to enable more actors to participate in such procurement and with a larger diversity of offers;
Amendment 411 #
2013/2195(DEC)
Motion for a resolution
Paragraph 213 c (new)
Paragraph 213 c (new)
213c. Suggests that the Commission invests in more in-house corporate ICT expertise in order to ensure that coordination and preparation of such projects does not become dependent only on external vendors; takes note of the fact that on-going consolidation projects between the different institutional systems can make it more difficult for the Commission to switch from one vendor to a different vendor, if the Commission does not ensure that document and database formats are based on open, interoperable standards;
Amendment 412 #
2013/2195(DEC)
Motion for a resolution
Paragraph 213 d (new)
Paragraph 213 d (new)
213d. Urges the Commission to ensure that any consolidation endeavours in the ICT architecture goes towards well- accepted, open standards that are used by multiple vendors and which can be implemented by open source software; recalls that it is easier to ensure that on- premise e-mail storage is not accessed by foreign interests, because of its geographical location;
Amendment 4 #
2013/2080(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- having regard to Recommendation 2010/572/EU (Recommendation on regulated access to Next Generation Access Networks)
Amendment 8 #
2013/2080(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aims of the framework are to promote a sectoral ecosystem of competition and investment, benefitting consumers and users, while consolidatingtributing to the development of the internal market infor communications;
Amendment 21 #
2013/2080(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the rollout of ultrafast internet access is slow, representing only 3.4 % of all fixed lines, and user demand appears weak, with only about 2 % of households subscribing to such lines1 functional separation, i.e. the obligation of a vertically integrated operator to place the activities related to the wholesale provision of relevant access products in an independently operating internal business unit, remains a remedy of last resort;
Amendment 28 #
2013/2080(INI)
Motion for a resolution
Recital M
Recital M
M. whereas issues regarding competition both between traditionalelectronic communications services providers and between them and newer over-the-topinformation society services providers deserve attention;
Amendment 32 #
2013/2080(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the framework should remain neutral and the same rules apply to equivalentfully substitutable electronic communications services;
Amendment 36 #
2013/2080(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas innovation and the development of new technologies and infrastructures should be considered for assessing the impact of the legal framework on the options offered to the users and consumers;
Amendment 37 #
2013/2080(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas obstructions to competition continue to be present on many networks and considering the failure to define and apply a principle of net neutrality to ensure non-discrimination of services for end-users;
Amendment 48 #
2013/2080(INI)
Motion for a resolution
Paragraph 4 – point vii
Paragraph 4 – point vii
(vii) the impact of services fully substitutable to those provided by traditional providers but not necessarily covered by the framework:; some clarifications regarding the reach of the framework's technological neutrality would be needed;
Amendment 65 #
2013/2080(INI)
Motion for a resolution
Paragraph 4 – point xvii a (new)
Paragraph 4 – point xvii a (new)
(xviia) the Internet has become a crucial infrastructure for the conduct of a wide array of economic and social activities;
Amendment 68 #
2013/2080(INI)
Motion for a resolution
Paragraph 5 – point i
Paragraph 5 – point i
(i) ensuring that fully substitutable services that meet the requirements of the ECS definition of art 2 (c) of the Framework Directive are subject to the same rules;
Amendment 76 #
2013/2080(INI)
Motion for a resolution
Paragraph 5 – point iv a (new)
Paragraph 5 – point iv a (new)
(iva) ensuring that the framework is fit for the digital age and delivers an Internet ecosystem that support the entire economy;
Amendment 90 #
2013/2080(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that non-discrimination of information in the sending, transmitting and receiving phase is necessary for encouraging innovation and eliminate entry barriers;
Amendment 1 #
2013/2063(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity
Amendment 6 #
2013/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the vendor benefits of cloud services consist of e.g. service fees, monetisation of excess computing resources and the possibility of a captive customer base and of secondary uses of user information, such as for advertising(so called lock-in effect); whereas a lock-in effect can have competitive disadvantages that nevertheless can be dealt with through reasonable standardisation measures and better transparency on intellectual property licensing agreements;
Amendment 12 #
2013/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the cloud also brings risks to userstechnological fact that if cloud processing is done in a particular country, the authorities of that country, including the security services, have access to the data; notes that this has implications from an industrial espionage perspective as well as for instance from the perspective of safety of persons in political exile; asks the Commission to take this into account when issuing proposals and recommendations regarding cloud computing;
Amendment 14 #
2013/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cloud services oblige users to hand over information to third party providerse cloud storage provider, a third party, raising issues relating to the continued control over and access to the information of individual users and its protection against the provider itself, other users of the same service and other parties; whereas encouragement of services which allow for the user and only the user to hold keys to the users' information, without the cloud storage provider themselves being able to access that information, could solve some of the issues around this problem;
Amendment 18 #
2013/2063(INI)
Motion for a resolution
Recital L
Recital L
L. whereas, from a security perspective, the introduction of cloud services means that the responsibility for maintaining the security of information belonging to each individual user is shifted from the individual to the provider, be it a private person, a business entity or a public institution, is shifted from the user of the service to the provider of the service, thereby raising the need to ensure that service providers have the legal ability to provide secure and robust solutions for communication;
Amendment 28 #
2013/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that Union law should be neutral and, absent compelling reasons of public interest, not be adapted to either facilitate or hinder any legal business model or servictechnologically neutral and clear in terms of its legal framework as well as the business models or services we envisage, for the public sector actors, small and medium-sized enterprises and private citizens alike;
Amendment 34 #
2013/2063(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that some features may have to be introduced on the radio equipment and telecommunications terminal equipment layer in order to prevent the infringement of personal data and privacy rights of the user, or confidential business rights of an enterprise, in such a way that technological innovation and the meeting of the needs of a free-market economy are spurred, rather than hindered;
Amendment 35 #
2013/2063(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
1b. Calls for the introduction of regulatory measures to ensure responsible vulnerability disclosure in a short, but reasonable, time-limit, thereby effectively providing an incentive for security flaws and accidental errors to get fixed;
Amendment 36 #
2013/2063(INI)
Motion for a resolution
Paragraph 11 – point ii
Paragraph 11 – point ii
(ii) sponsor research in technologies, including encrypand commercial deployment or public procurement of technologies, such as encryption and anonymization, enabling users to secure their information in an easy way;
Amendment 38 #
2013/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises the importance of ensuring a competitive and transparent Union market in order to provide all Union users with secure, sustainable, affordable and reliable services; calls for a simple, transparent method to identify security flaws in such a way that service providers on the European market have a sufficient and appropriate incentive to remedy such flaws;
Amendment 41 #
2013/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages public administrations to consider safeprivacy friendly, reliable and secure cloud services in IT procurement, whilethus underlining their particular responsibilities with respect to protection of information relating to citizens, accessibility and continuity of service;
Amendment 42 #
2013/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that because of increased use of cloud services by the public sector, citizens must be given the options to explicitly opt in or oppose to the use of their data in cloud services. This right should be particularly explicit in the case of children and eHealth services, since children are not able to make decisions for themselves;
Amendment 45 #
2013/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to take the lead in developing and promulgating standards and specifications supporting a safeprivacy friendly, reliable and secure cloud services as an integral part of a future European industrial policy;
Amendment 52 #
2013/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to ensure that consumer devices should not make use of cloud services by default or be restricted to any specific cloud service provider;
Amendment 53 #
2013/2063(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to propose that Directive 99/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity is amended in such a way that the security and confidentiality of correspondence and communications is seen as an essential requirement in all radio equipment and telecommunications terminal equipment, in order to provide a valuable base for European equipment manufacturers to cultivate their own particular niche;
Amendment 57 #
2013/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the information thus provided should identify, among other things, who the ultimate provider of the service is and how the service is financed; stresses, furthermore, that if the service is financed by using users' information to target advertising or to enable others to do so, this should be disclosed to the user; process information for the purpose of targeting advertisement, every specific instance of this re-use should be separately presented to the user for them to give prior, informed consent;
Amendment 58 #
2013/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that the information should be in a standardised, portable, easily comprehensible and comparable format;
Amendment 20 #
2013/2053(INI)
Motion for a resolution
Recital M
Recital M
M. whereas decisions taken by BEREC at European level should create European added value and be as such carefully considered and assessed in public by EU institutions;
Amendment 31 #
2013/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the role of BEREC be strengthened so as to facilitate the definition of common positions in order to enhance the internal market approach, including by evaluating the present efficiency of cooperation under the Article 7/7a procedures;
Amendment 33 #
2013/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that a full harmonisation of the tasks carried out by NRAs among Member States, so that they all have competences for allrelevant aspects directly related to the security and resilience in the internal market in electronic communications, could contribute to better functioning of BEREC and predictability for market actors;
Amendment 41 #
2013/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that BEREC should have more room to take strategic decisions, which requires among other capacities, that BEREC produces its own analysis and studies that would lead to such decisions, in order to rendering the decision- making process more top-down and independent;
Amendment 49 #
2013/2053(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the EU institutions to carefully consider and assess in public the work performed by BEREC in order to enrich the decision-making process in telecommunication policies;
Amendment 60 #
2013/2053(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the location of the BEREC Office is not bringing added value to BERECshould be assessed taking into consideration the importance of the geographical diversity of the EU decision making processes;
Amendment 61 #
2013/2053(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 62 #
2013/2053(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that a clear and stable legislative framework is needed for a better internal market that will result in increased competition and improved services for the consumers.
Amendment 172 #
2013/0309(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation aims at the completion of the single electronic communications market through action on three broad, inter-related axes. First, it should secure the freedom to provide electronic communications services across borders and networks in different Member States, building on the concept of a single EU authorisation which puts in place the conditions for ensuring greater consistency and predictability in the content and implementation of sector-specific regulation throughout the Union. Second, it is necessary to enable access on much more convergent terms and conditions to essential inputs for the cross-border provision of electronic communications networks and services, not only for wireless broadband communications, for which both licensed and unlicensed spectrum is key, but also for fixed line connectivity. Third, in the interests of aligning business conditions and building the digital confidence of citizens, this Regulation should harmonise rules on the protection of end-users, especially consumers. This includes rules on non- discrimination, contractual information, termination of contracts and switching, in addition to rules on access to online content, applications and services and on traffic management which not only protect end-users but simultaneously guarantee the continued functioning of the Internet ecosystem as an engine of innovation. In addition, further reforms in the field of roaming should give end-users the confidence to stay connected when they travel in the Union, and should become over time a driver of convergent pricing and other conditions in the Union. (This amendment applies to the whole text)
Amendment 191 #
2013/0309(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same timWhile, Member States shouldmay retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence, any new spectrum made available following the application of this regulation should be exclusively used for the internal market harmonisation.
Amendment 229 #
2013/0309(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The establishment of European virtual broadband access products under this Regulation should be reflected in the assessment by national regulatory authorities of the most appropriate access remedies to the networks of operators designated as having significant market power, while avoiding. The possibility of the implementation of functional separation as an exceptional measure, and the implementation of full equivalence of access should be kept under constant review by national regulatory authorities. National regulatory authorities should avoid over-regulation through the unnecessary multiplication of wholesale access products, whether imposed pursuant to market analysis or provided under other conditions. In particular, the introduction of the European virtual access products should not, in and of itself, lead to an increase in the number of regulated access products imposed on a given operator. Moreover, the need for national regulatory authorities, following the adoption of this Regulation, to assess whether a European virtual broadband access product should be imposed instead of existing wholesale access remedies, and to assess the appropriateness of imposing a European virtual broadband access product in the context of future market reviews where they find significant market power, should not affect their responsibility to identify the most appropriate and proportionate remedy to address the identified competition problem in accordance with Article 16 of Directive 2002/21/EC.
Amendment 232 #
2013/0309(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 239 #
2013/0309(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures. Indeed, as stated by the European Parliament resolution of 17 November 2011 on the open internet and net neutrality in Europe 2011/2866, the internet's open character has been a key driver of competitiveness, economic growth, social development and innovation – which has led to spectacular levels of development in online applications, content and services – and thus of growth in the offer of, and demand for, content and services, and has made it a vitally important accelerator in the free circulation of knowledge, ideas and information, including in countries where access to independent media is limited;
Amendment 247 #
2013/0309(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules, Directive 1995/46, Directive 2002/58, and Directive 2000/31/EC.
Amendment 249 #
2013/0309(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) Non-discrimination of information in the sending, transmitting and receiving phase shall be ensured for encouraging innovation and eliminating entry barriers, as stated by the European Parliament in its implementation report on the regulatory framework for electronic communications 2013/2080;
Amendment 250 #
2013/0309(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46 b) Potential anti-competitive and discriminative behaviour in traffic management would be contrary to the principle of net neutrality and the open internet, and should be therefore prevented, as also stated by the European Parliament in its initiative report 2013/2080;
Amendment 251 #
2013/0309(COD)
Proposal for a regulation
Recital 46 c (new)
Recital 46 c (new)
(46 c) According to the European Parliament in its resolutions of 17th November 2011 on the open internet and net neutrality in Europe 2011/2866, and of 11th December 2012 on a digital freedom strategy in EU foreign policy 2012/2098, internet service providers should not block, discriminate against, impair or degrade the ability of any person to use a service to access, use, send, post, receive or offer any content, application or service of their choice, irrespective of source or target.
Amendment 260 #
2013/0309(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonabletechnically-reasonable, non-commercially based, traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 278 #
2013/0309(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessarycould be used for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not substantially impair the general quality of internet access services.
Amendment 322 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point e a (new)
Article 1 – paragraph 2 – point e a (new)
e a) to ensure that all internet traffic is treated equally, without discrimination, restriction or interference, independent of its sender, receiver, type, content, device, service or application;
Amendment 346 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 12 a (new)
Article 2 – paragraph 2 – point 12 a (new)
(12 a) "net neutrality" means the principle that all internet traffic is treated equally, without discrimination, restriction or interference, independent of its sender, receiver, type, content, device, service or application;
Amendment 350 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘internet access service’ means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; It enables end-users to run any application utilising the electronic communications network of the internet.
Amendment 354 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘'specialised service’' means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteriperated within closed electronic communications networks using the Internet Protocol with stricst are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute fordmission control; and that is not marketed as a substitute for internet access service or functionally identical to services available over the public internet access service;
Amendment 561 #
Amendment 568 #
2013/0309(COD)
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
Amendment 584 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 594 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 607 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 617 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free tomay enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 624 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 638 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 646 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimescourt order;
Amendment 653 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point b
Article 23 – paragraph 5 – subparagraph 1 – point b
(b) preserve the integrity and security of the European electronic communication provider's network, services provided via this network, and the end-users' terminals;
Amendment 657 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
Amendment 667 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimistigate the effects of temporary orand exceptional network congestion, primarily by means of application-agnostic measures or, when these measures do not prove efficient, by mean of application- specific measures, provided that equivalent types of traffic are treated equally.
Amendment 681 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Reasonable traffic management shall only entail processing of data that is necessary and proportionate to achieve the purposes set out in this paragraph. The processing of data shall not reveal any information concerning the content of the communication the end users access.
Amendment 684 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 a (new)
Article 23 – paragraph 5 a (new)
5a. The prices of internet access services from providers of electronic communications to the public shall not depend on the internet content, applications and services used or offered through the same internet access services
Amendment 687 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end- users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings. To that purpose, the competent national regulatory authority shall: (a) be mandated to regularly monitor and report on Internet traffic management practices and usage polices, in order to ensure network neutrality, evaluate the potential impact of the aforementioned practices and policies on fundamental rights, ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the Internet. Reporting should be done in an open and transparent fashion and reports shall be made freely available to the public; (b) put in place appropriate, clear, open and efficient procedures aimed at addressing network neutrality complaints. To this end, all Internet users shall be entitled to make use of such complaint procedures in front of the relevant authority; (c) respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle. This authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner. They shall, in cooperation with other competent national authorities and the European Data Protection Supervisor, also monitor the effects of specialised services on cultural diversity, competition and innovation. National regulatory authorities shall report on an annual basis to the public, the Commission and BEREC on their monitoring and findings.
Amendment 713 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
(iva) the communication inspection techniques used for traffic management measures, instituted for the purposes listed in article 23.5, and their repercussions on users privacy and data protection right.
Amendment 717 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. End-uUsers shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns. To this end Member States shall establish a voluntary certification scheme for interactive websites, guides or similar tools. Certification shall be granted on the basis of objective, transparent and proportionate requirements, in particular independence from any provider of electronic communications to the public, the use of plain language and open source software and publically known methodologies, the provision of complete and up-to-date information, and the operation of an effective complaints handling procedure. Where certified comparison facilities are not available on the market free of charge or at a reasonable price, national regulatory authorities or other competent national authorities shall make such facilities available themselves or through third parties in compliance with the certification requirements. The information published by providers of electronic communications to the public shall be accessible, provided in open data formats, free of charge, for the purposes of making available comparison facilities.
Amendment 755 #
2013/0309(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point 2 – point a
Article 35 – paragraph 1 – point 2 – point a
Directive 2002/21/EC
Article 7a
Article 7a
Amendment 758 #
2013/0309(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point 3 – point a
Article 35 – paragraph 1 – point 3 – point a
Directive 2002/21/EC
Article 15
Article 15
Amendment 9 #
2013/0166(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to ensure a strong and competitive automobile sector for the entire European Union, it should be observed that introduction of additional electronic features in cars should be done without including mandatory specific technical implementations in automobiles and in a way that does not increase the costs of competition law investigations for the public sector.
Amendment 24 #
2013/0165(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union eCall system is expected to reduce the number of fatalities in the Union as well as the severity of injuries caused by road accidents. The mandatory introduction ofOffering the users the possibility to opt in for the eCall system would make the service available to all citizens and thus contribute to reduce human suffering and healthcare and other costs.
Amendment 28 #
2013/0165(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The mandatoption fory equipping of vehicles with the eCall in-vehicle system should initially apply only to new passenger cars and light commercial vehicles (categories M1 and N1) for which an appropriate triggering mechanism already exists.
Amendment 31 #
2013/0165(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The mandatoption fory equipping of vehicles with the eCall in-vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and/or added value services, in parallel with or building on the 112-based eCall in-vehicle system. However, these additional services should be designed not to increase driver distraction.
Amendment 36 #
2013/0165(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to maintain the integrity of the type-approval system, only those eCall in-vehicle systems which can be fully tested and are based on a open source, should be accepted for the purposes of this Regulation.
Amendment 40 #
2013/0165(COD)
Proposal for a regulation
Article 4
Article 4
Manufacturers shall demonstrate that all new types of vehicles referred to in Article 2 arhave the possibility to be equipped with an eCall in-vehicle system if the users opt- in for such, in accordance with this Regulation and the delegated acts adopted pursuant to this Regulation.
Amendment 42 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In order to ensure a strong and competitive automobile sector for the entire European Union, it should be observed that introduction of additional electronic features in cars should be done without including mandatory specific technical implementations in automobiles and in a way that does not increase the costs of competition law investigations for the public sector.
Amendment 43 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Manufacturers shall demonstrate that all their new types of vehicle for which the users have opted-in for installing the eCall in-vehicle system are constructed to ensure that in the event of a severe accident which occurs in the territory of the Union, an eCall to the single European emergency number 112 is triggered automatically.
Amendment 44 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Manufacturers shall demonstrate that new vehicles having installed the eCall in- vehicle system are constructed as to ensure that an eCall to the single European emergency number 112 can also be triggered manually.
Amendment 55 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 56 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
In accordance with Directive 95/46/EC and Directive 2002/58/EC, manufacturers shall ensure that vehicles equipped with eCall in-vehicle system are not traceable and are not subject to any constant tracking in their normal operational status related to the eCall.
Amendment 59 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the fact thhow to activate the eCall in-vehicle system isand the fact that is not activatede by default;
Amendment 63 #
2013/0165(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may exempt certain vehicles or classes of vehicles of categories M1 and N1 from the obligation to have the option to install eCall in-vehicle systems set out in Article 4, if following a cost/benefit analysis, carried out or mandated by the Commission, and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned.
Amendment 45 #
2013/0164(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The objectives of the Copernicus programme are to provide accurate and reliable information in the field of the environment and security, tailored to the needs of users and supporting other Union’s policies, in particular relating to the internal market, transport, environment, energy, civil protection, cooperation with third countries and humanitarian aid. It builds on capabilities existing in Europe, complemented by new assets developed in common.
Amendment 47 #
2013/0164(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Copernicus programme should be implemented consistently with other relevant Union instruments and action, in particular with environmental and climate change actions, and instruments in the field of securiafety, protection of personal data, competitiveness and innovation, cohesion, research, transport, competition and international cooperation, with the European Global Navigation Satellite Systems (GNSS) programme. Copernicus data should maintain coherence with Member States’ spatial reference data and support the development of the infrastructure for spatial information in the Union established by Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)10. Copernicus should also complement the Shared Environmental Information System (SEIS) and Union activities in the field of emergency response. __________________ 10 OJ L 108, 25.4.2007, p. 1.
Amendment 54 #
2013/0164(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to attain its objectives, the Copernicus programme should rely on an autonomous Union’s capacity for space- borne observations and provide operational services in the field of environment, civil protection and securiafety. It should also make use of the available in-situ data provided, namely, by the Member States. The provision of operational services depends on the well-functioning and safety of the Copernicus space component. The increasing risk of collision with other satellites and space debris is the most serious threat to the Copernicus space component. Therefore, the Copernicus programme should support actions aimed at reducing such risks, in particular by contributing to the programme established by Decision [XXX] of the European Parliament and the Council establishing a Space Surveillance and Tracking Support Programme11. __________________ 11 OJ L,, p..
Amendment 74 #
2013/0164(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Wherever the access or use of Copernicus or third party data and information may endanger the security of the Union and its Member States or threaten their external relations, the Commission should restrict their availability or limit the licences awarded.
Amendment 77 #
2013/0164(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) protection of the environment and provision of support to civil protection and securiafety efforts;
Amendment 78 #
2013/0164(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support of the Europe 2020 growth strategy by contributing to the objectives of smart, sustainable and inclusive growth; in particular, it shall contribute to economic stability and growth by boosting free exchange of data and commercial applications.
Amendment 89 #
2013/0164(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purpose of paragraph 2, the Copernicus user communities are defined as those comprising the European national, regional or local bodies entrusted with the definition, implementation, enforcement or monitoring of a public service or policy in areas referred to in point (1) of Article 4. Public scientific and education organisations may be included in the user communities, subject to prior individual approval.
Amendment 92 #
2013/0164(COD)
Proposal for a regulation
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) data and information made available in accordance with the respective service- level delivery requirements for environment, civil protection and securiafety;
Amendment 137 #
2013/0164(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 138 #
2013/0164(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) security interests and external relations of the Union or its Member States;
Amendment 7 #
2013/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory ofhe free exchange of goods and services, free competition, equality, consumer choice and the right of access of all to affordable medicines and other goods without over- paying to monopolistic providers, the Members State without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to s should follow the Doha Declaration and similar texts which provide for those in need over those withe trade mark registered in respect of such goodshe aims of greed.
Amendment 8 #
2013/0089(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 12 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 14 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there,, if there is direct evidence of third party action to place the goods into the Member State stream of commerce and where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade markhas been properly registered as such within the Member State.
Amendment 15 #
2013/0089(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) affixing in the course of trade a sign identical with or similar to, as specified in Article 5 paragraph 1 of this Directive, the trade mark on get-up, packaging or other means on which the mark may be affixed;
Amendment 16 #
2013/0089(COD)
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37 a Indemnification of the Importer and the Owner of the Goods Appropriate agencies shall have the authority to order a proprietor of a trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 10.
Amendment 6 #
2013/0088(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a European trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the European trade mark registered in respect of such goodshe free exchange of goods and services, free competition, equality, consumer choice and the right of access of all to affordable medicines and other goods without over- paying to monopolistic providers, the European Union should follow the Doha Declaration and similar texts which provide for those in need over those with the aims of greed.
Amendment 8 #
2013/0088(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 11 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Amendment 13 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation 2009/207/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there,, if there is direct evidence of third party action to place the goods into the EU stream of commerce and where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the European trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade markhas been properly registered as such within the European Union.
Amendment 14 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation 2009/207/EC
Article 9a(a)
Article 9a(a)
affixing in the course of trade a sign identical with or similar to, as specified in Article 8 paragraph 1 of this Regulation, the European trade mark on get-up, packaging or other means on which the mark may be affixed;
Amendment 15 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 74 a a (new)
Article 1 – paragraph 1 – point 74 a a (new)
(74 aa) Indemnification of the Importer and the Owner of the Goods The Agency shall have the authority to order a proprietor of a European trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 9.
Amendment 29 #
2013/0080(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks (Text with EEA relevance) (This amendment applies throughout the text)
Amendment 30 #
2013/0080(COD)
Proposal for a regulation
Citation 3
Citation 3
Amendment 32 #
2013/0080(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Acknowledging the importance of high- speed broadband rollout, the European Union and its Member States havewant to endorsed the ambitious broadband targets set out in. The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘The Digital Agenda for Europe- Driving European growth digitally29 (’the Digital Agenda‘): 100% broadband coverage by 2013 and increased speeds of 30MBps for all households, with at least 50% of the households subscribing to I stipulates that by 2020 all Europeans should have access to internet speeds of above 30 Mbps and 50% or more of European households should subscribe to internet connections above 100 Mbps. However, given the rapid evolution of technologies that lead to even faster internet connections, and the increasing demand on e-services, it is appropriate today to target more ambitious internet connections speed above 100MBps by 2020.% Mbps with 50% of the households having access to 1 gbps by 2020, as expressed in the European Parliament Resolution on the "Digital Agenda for Growth, Mobility and Employment: time to move up a gear" 29a __________________ 29 COM (2010)245; see also see also the Digital Agenda review, COM (2012) 784 final. 29a (2013/2593(RSP))
Amendment 39 #
2013/0080(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Measures aiming at increasing efficiency in the use of existing infrastructures and at reducing costs and obstacles in carrying out new civil engineering works should provide a substantial contribution to ensure a fast and extensive deployment of high-speed electronic communications networks while maintaining effective competition, without negatively impacting the safety, security and smooth operations of the existing public infrastructures.
Amendment 53 #
2013/0080(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of their low degree of differentiation, physical facilities of such networks can often host at the same time a wide range of electronic communications network elements, including those capable of delivering broadband access services at speeds of at least 30 Mbps in line with the technological neutrality principle, without affecting the main service conveyed and with minimum adaptation costs. Therefore a physical infrastructure that is intended to only host other elements of a network without becoming itself an active network element, can be in principle used to accommodate electronic communications cables, equipment or any other element of electronic communications networks, regardless of its actual use or its ownership. Without prejudice to the pursuit of the specific general interest linked to the provision of the main service, synergies across network operators should be encouraged in order to contribute at the same time to achieving the targets of the Digital Agenda.
Amendment 77 #
2013/0080(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 3
Article 2 – paragraph 2 – point 3
(3) ‘high-speed electronic communications network’ means an electronic communication network which is capable of delivering broadband access services at speeds of at least 30 Mbpsof 100 Mbps and 1Gbps where possible and above.
Amendment 112 #
2013/0080(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
In order to request access to physical infrastructure in accordance with Article 3, every undertaking authorised to provide electronic communications networks shall have the right to access, upon requestthe justified request in view of developing better future telecommunication services, via a single information point, the following set of minimum information concerning the existing physical infrastructure of any network operator:
Amendment 125 #
2013/0080(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Access to the minimum information for the specified area shall be granted forthwith in electronic form under proportionate, non- discriminatory and fully transparent terms. Access to the minimum information may be limited by the single information point only when considered necessary in view of the security of the networks and their integrity or operating and business secrets.
Amendment 151 #
2013/0080(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. All newly constructed buildings at the end-user's location, including elements under joint ownership, for which applications for building permits have been submitted six months after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a high-speed-ready in- building physical infrastructure, up to the network termination points. The same obligation applies in the event of major renovation works for which applications for building permits have been submitted six months after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 156 #
2013/0080(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. All newly constructed multi-dwelling buildings, for which applications for building permits have been submitted six months after [Publications Office: please insert the exact date of the entry into force of this Regulation], shall be equipped with a concentration point, located inside or outside the building, and accessible to electronic communications networks providers, whereby connection to the high- speed-ready in-building infrastructure is made available. The same obligation applies in the event of major renovation works concerning multi-dwelling buildings for which applications for building permits have been submitted six months after [Publications Office: please insert the exact date of the entry into force of this Regulation].
Amendment 160 #
2013/0080(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States may provide for exemptions for categories of buildings, in particular single dwellings, or major renovation works, from the obligations provided for paragraph 1 and 2, when the cost of fulfilling those obligations is disproportionate. Such measures shall be duly motivated. The interested parties shall be given the opportunity to comment on the draft measures within a reasonable period. Any such measure shall be notified to the Commission. Member States may also provide for exemptions from paragraph 2 in respect of access lines to end users in properties where business models with open networks are used.
Amendment 165 #
2013/0080(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Every provider of public communications networks in buildings without open networks with service competition shall have the right to terminate its network at the concentration point, provided that it minimise the impact on the private property and at its own costs, in view of accessing the high-speed-ready in-building physical infrastructure.
Amendment 168 #
2013/0080(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Every provider of public communications networks in buildings without open networks with service competition shall have the right to access any existing high-speed- ready in-building physical infrastructure on reasonable terms if duplication is technically impossible or economically inefficient. The holder of a right to use the in-building physical infrastructure shall grant access under non- discriminatory terms and conditions.
Amendment 171 #
2013/0080(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States may also provide for exemptions from paragraphs 1 and 2 in respect of access lines to end users in properties where business models with open networks are used.
Amendment 26 #
2013/0049(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to second hand products that re-enter the supply chain in the course of a commercial activity, except for those. It should not apply to second- hand products for which the consumer cannot reasonably expect that they fulfil state-of- the art safety standards, such as antique or resulting from transactions between private individuals.
Amendment 28 #
2013/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled. The assessment shall take into account the precautionary principle.
Amendment 31 #
2013/0049(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thusfor the manufacturer, may ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 40 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such. This regulation shall not apply to private individuals' transactions.
Amendment 44 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘distributor’ means any natural or legal accountable person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market; it does not include private individuals transactions, acting on a non- business capacity;
Amendment 46 #
2013/0049(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Presumption of safetycompliance with general safety requirements
Amendment 51 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the characteristics of the product, including its composition, packaging, instructions for assembly and disassembly, where applicable, for installation and maintenance;
Amendment 58 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
(ha) the precautionary principle.
Amendment 89 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
(3a) The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the requirements of Article 8, Article 10, Article 11 and Article 14 of this regulation from which distributors of second-hand goods may be exempted, based on the low level of risk involved or the excessive burden they create on the economic activity of those smaller-scale operators.
Amendment 97 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability for the manufacturer.
Amendment 98 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the products and of the economic operators involved in its supply chain as well as of the placement of a data carrierappropriate means on the product, its packaging or accompanying documents for enabling access to that data.
Amendment 99 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2 and are necessary for ensuring product safety.
Amendment 137 #
2013/0027(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security (‘NIS’). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations and market operators of critical information infrastructure to promote a culture of risk management and ensure that the most serious incidents are reported.
Amendment 139 #
2013/0027(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To cover all relevant incidents and risks, this Directive should apply to all network and information systems. The obligations on public administrations and market operators should however not apply to undertakings providing public communication networks or publicly available electronic communication services within the meaning of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)25 , which are subject to the specific security and integrity requirements laid down in Article 13a of that Directive nor should they apply to trust service providers. __________________ 25__________________ 25 OJ L 108, 24.4.2002, p. 33. OJ L 108, 24.4.2002, p. 33.
Amendment 144 #
2013/0027(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Responding effectively to the challenges of the security of network and information systems therefore requires a global approach at Union level covering common minimum capacity building and planning requirements, exchange of information and coordination of actions, and common minimum security requirements for all market operators concerned and public administrations.
Amendment 148 #
2013/0027(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 151 #
2013/0027(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level, on the basis of minimum requirements set in this Directive, in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents.
Amendment 153 #
2013/0027(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To allow for the effective implementation of the provisions adopted pursuant to this Directive, a civilian body responsible for coordinating NIS issues and acting as a focal point for cross-border cooperation at Union level should be established or identified in each Member State in the form of an Industrial Control System Computer Emergency Response Team (ICS-CERT). These bodies should be given the adequate technical, financial and human resources to ensure that they can carry out in an effective and efficient manner the tasks assigned to them and thus achieve the objectives of this Directive.
Amendment 157 #
2013/0027(COD)
Proposal for a directive
Recital 11
Recital 11
(11) All Member States should be adequately equipped, both in terms of technical and organisational capabilities, to prevent, detect, respond to and mitigate network and information systems' incidents and risks. Well-functioning Computer Emergency Response TeamICS-CERTs complying with essential requirements should therefore be established in all Member States to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at Union level.
Amendment 158 #
2013/0027(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Building upon the significant progress within the European Forum of Member States (‘EFMS’) in fostering discussions and exchanges on good policy practices including the development of principles for European cyber e-crisis cooperation, the Member States and the Commission should form an institutional network to bring them into permanent communication and support their cooperation. This secure and effective cooperation mechanism should enable structured and coordinated information exchange, detection and response at Union level.
Amendment 162 #
2013/0027(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 171 #
2013/0027(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure transparency and properly inform EU citizens and market operators, the competent authorities should set up a common website to publish non confidential information on the incidents and risks, risks and ways of risk mitigation.
Amendment 175 #
2013/0027(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 176 #
2013/0027(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 179 #
2013/0027(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Those obligations should be extended beyond the electronic communications sector to key providers of information society services, as defined in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services27 , which underpin downstream information society services or on-line activities, such as e- commerce platforms, Internet payment gateways, social networks, search engines, cloud computing services, application stores. Disruption of these enabling information society services prevents the provision of other information society services which rely on them as key inputs. Software developers and hardware manufacturers are not providers of information society services and are therefore excluded. Those obligations should also be extended to public administrations, and operators of critical infrastructure which rely heavily on information and communications technology and are essential to the maintenance of vital economical or societal functions such as electricity and gas, transport, credit institutions, stock exchange and health. Disruption of those network and information systems would affect the internal market. __________________ 27__________________ 27 OJ L 204, 21.7.1998, p. 37. OJ L 204, 21.7.1998, p. 37.
Amendment 184 #
2013/0027(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 186 #
2013/0027(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Competent authorities should pay due attention to preserving informal and trusted channels of information-sharing between market operators and between the public and the private sectors. Publicity of incidents reported to the competent authorities should duly balance the interest of the public in being informed about threats with possible reputational and commercial damages for the public administrations and market operators reporting incidents. In the implementation of the notification obligations, competent authorities should pay particular attention to the need to maintain information about product vulnerabilities strictly confidential prior to the release of appropriate security fixes.
Amendment 191 #
2013/0027(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 200 #
2013/0027(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission as regards the cooperation between competent authorities and the Commission within the cooperation network, the access to the secure information-sharing infrastructure, the Union NIS cooperation plan, the formats and procedures applicable to informing the public about incidents, and the standards and/or technical specifications relevant to NIS. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers30 . __________________ 30 OJ L 55, 28.2.2011, p.13.
Amendment 203 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) creates an institutional cooperation mechanism between Member States in order to ensure a uniform application of this Directive within the Union and, where necessary, a coordinated and efficient handling of and response to risks and incidents affecting network and information systems;
Amendment 204 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 207 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive shall be without prejudice to EU laws on cybercrimeDirective 2013/40/EU on unauthorised access to computer systems and Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection32 __________________ 32 OJ L 345, 23.12.2008, p. 75.
Amendment 209 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 6
Article 1 – paragraph 6
6. The sharing of information within the cooperation network under Chapter III and the notifications of NIS incidents under Article 14 may require the processing of personal data. Such processing, which is necessary to meet the objectives of public interest pursued by this Directive, shall be authorised by the Member State pursuant to Article 7 of Directive 95/46/EC and Directive 2002/58/EC, as implemented in national law, after taking all measures to ensure that the data is anonymised.
Amendment 214 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) "high common level of network information security" means a network and information system across the Union where incidents are corrected and unrepeated.
Amendment 223 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 8 – point b
Article 3 – paragraph 1 – point 8 – point b
(b) operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities such as in the fields of energy, transport, banking, stock exchanges and health, a non- exhaustive list of which is set out in Annex II.
Amendment 227 #
Amendment 229 #
2013/0027(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 232 #
2013/0027(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Liability of market operators A market operator under Article 3 shall be liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations of this Directive if that damage is due to fault or neglect on its part.
Amendment 235 #
2013/0027(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate a national competent authority on the security of network and information systems used on the internal market (the ‘competent authority’).
Amendment 240 #
2013/0027(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall set up an Industrial Control System Computer Emergency Response Team (hereinafter: ‘CERT’) responsible for handling incidents and risks according to a well-defined process, which shall comply with the requirements set out in point (1) of Annex I. A CERT may be established within the competent authority.
Amendment 246 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authorities and the Commission shall form an institutional network (‘cooperation network’) to cooperate against risks and incidents affecting network and information systems.
Amendment 257 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) cooperate and exchange information on all relevant matters with the European Cybercrime Centre within Europol, and with other relevant European bodies in particular in the fields of data protection, energy, transport, banking, stock exchanges and health;
Amendment 265 #
Amendment 270 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. The competent authorities or the Commission shall provide early warnings within the institutional cooperation network on those risks and incidents that fulfil at least one of the following conditions:
Amendment 275 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 283 #
2013/0027(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be empowered to adopt, by means of implementingdelegated acts, a Union NIS cooperation plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3).
Amendment 287 #
2013/0027(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to the possibility for the cooperation network to have informal international cooperation, the Union may conclude international agreements with third countries or international organisations allowing and organizing their participation in some activities of the cooperation network. Such agreement shall take into account the need to ensure adequate protection of the personal data circulating on the cooperation network, without disclosing EU citizens' personal data to third parties.
Amendment 291 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure thatThe European Union and its Member States, public administrations and market operators shall take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which theythey develop, and/or operate, and/or control and use in their operations. Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems.
Amendment 299 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that public administrations and market operators notify to the competent authority incidents having a significantn impact on the security of the core services they provide.
Amendment 306 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The competent authority may inform the public, or require the public administrations and market operators to do so, where it determines that disclosure of the incident is in the public interest. In particular, the competent authority shall ensure that members of the public can mitigate risks to themselves arising from any security incident in a public or market operated service. Once a year, the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph.
Amendment 312 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 314 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 316 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 318 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 8
Article 14 – paragraph 8
Amendment 320 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that the competent authorities have all the powers necessary toThe competent authorities shall investigate cases of non- compliance of public administrations or market operators with their obligations under Article 14of this Directive and the effects thereof on the security of networks and information systems.
Amendment 327 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 332 #
2013/0027(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. To ensure convergent implementation of Article 14(1), Member States shall encourage the use of open standards and/or specifications relevant to networks and information security, and ensure that these standards comply with existing Union legislation.
Amendment 339 #
2013/0027(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9(2), 10(5) and 14(5) shall be conferred on the Commission. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 340 #
2013/0027(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The delegation of powers referred to in Articles 9(2), 10(5) and 14(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.
Amendment 341 #
2013/0027(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. A delegated act adopted pursuant to Articles 9(2), 10(5) and 14(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 44 #
2012/2711(RSP)
Paragraph 9
9. Underlines that such an agreement must be comprehensive, ambitious and fully binding in all its commercial provisions; stresses an FTA must lead to a genuine market openness on the ground for EU businesses rather than just a hypothetical, legal openness; considers that if, during the negotiations, Japan does not demonstrate sufficient ambition, the Commission should suspend negotiations after consultations with the European Parliament and the Council;
Amendment 60 #
2012/2711(RSP)
Paragraph 11, third indent
- A strict, binding dispute resolution mechanism requiring early consultations among the parties to combat the development of new NTBs and obstacles to market access in public procurement in Japan after the entry into force of the agreement;
Amendment 89 #
2012/2711(RSP)
Paragraph 13
13. Demands that, if negotiations are successfuln the course of the negotiations and at latest after the exchange of consolidated market access offers, the Commission undertakes a second impact assessment to evaluate the expected advantages and disadvantages of the agreement for EU jobs and growth;
Amendment 26 #
2012/2153(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b (new). Notes with great concern that Kazakhstan's legislation obliges websites hosted under a .kz suffix to route traffic through Kazakh territory creating competitive disadvantages for service providers located in other countries and leading to a severe restriction of the open nature of the Internet which is based on the equal treatment of all market actors; calls on non-discriminatory treatment of all service providers and an open environment for competition in the information and communications technologies sector to be lead marks in the Council's and Commission's approach to the Kazakhstan partnership.
Amendment 103 #
2012/2149(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Affirms the importance of IPR to stimulate job and economic growth, and the significance, therefore, that high standards be maintained for IPR protection and enforcement, while promoting the free flow of information; agrees with the assessment of the HLWG that even though both the EU and US are committed to high level of IPR protection and enforcement, it might not be feasible, in eventual negotiations, to seek to reconcile across-the-board differences with regards to the IPR obligations typically included in EU and US trade agreements; underlines, however, that the approach proposed for negotiations should be ambitious, aiming at solving the areas of divergence, while dealing with the IPR matters in a mutually satisfactory manner, fully taking into account the rejection of the ACTA Agreement by the European Parliament;
Amendment 4 #
2012/2135(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Commends the Commission for presenting a draft regulation for the implementation of the Nagoya Protocol; 1 World Intellectual Property Organisation Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore 2 Agreement on Trade-Related Aspects of Intellectual Property Rights 3 Convention on Biological Diversity 4 International Treaty on Plant Genetic Resources for Food and Agriculture 5 International Union for the Protection of New Varieties of Plants 6 United Nations Convention on the Law of the Sea calls on the Commission to instruct its negotiators in the WIPO IGC1 and the TRIPS2 review to consider the Nagoya Protocol as their point of departure and to focus in the negotiations on bringing in line the legal framework of the CBD3 and its Nagoya Protocol, WIPO, TRIPS, the ITPGRFA4 and UPOV5; notes that the TRIPS agreement transitionally excludes Least Developed Countries;6 stresses that this approach must be preserved with regards to any revisions that may result from the CBD-Nagoya process;
Amendment 6 #
2012/2135(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with industry that a rules-based international trade system requires preventing the wrongful granting of patents, which requires rules on source and origin disclosure; points out that the Nagoya Protocol obliges the parties to transpose its requirements regarding PIC1 and MAT2; stresses the need to incorporate this approach into WIPO and TRIPS in order to guarantee an international level playing fieldinsists that WTO-TRIPS should be compatible with the CBD- Nagoya Protocol, and therefore considers it crucial to establish mandatory requirements on disclosing the origin of genetic resources during patent proceedings;
Amendment 10 #
2012/2135(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the potential role of the intellectual property and patent system in promoting innovation, transfer and dissemination of technology to the mutual advantage of stakeholders, providers, holders and users of genetic resources, their derivatives, and of associated traditional knowledge in a manner conducive to welfare and development, while emphasising the necessity of preventing the adverse effects of the IPR and patent system on indigenous peoples and local communities; 1 European Parliamreiterates that, against the background of its recent resolution of 10 May 2012 on the patenting of essentially biological processes, P7_TA(2012)0202. 1 excessively broad patent protection in the area of breeding hampers innovation and progress and may become detrimental to small and medium-sized breeders by blocking access to animal and plant genetic resources;
Amendment 12 #
2012/2135(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognizes that the open transfer of knowledge is of fundamental importance to the global economy; expresses concern that existing rules on PIC1 and ABS2 are already seen as creating obstacles for researchers; emphasises the need to ensure that additional user obligations do not result in barriers to trade, investment or research;
Amendment 25 #
2012/2114(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the effective protection of SMEs against unfair trading practices by EU partner states is just as important as helping SMEs wishing to internationalise; considers internationalisation and protection as two sides of the same coin of the globalisation process;
Amendment 51 #
2012/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises the need to establish, at EU level, an SME export/import facility which would disburse additional support to SMEs via ECAs; considers that, drawing on national best practice, this additional support could involve soft and fixed- interest-rate loans, short-term work capital and refinancing, equity funding, export guarantees (e.g. an export credit guarantee to eliminate commercial and political risks of non-payment), and business insurance solutions, including an export credit insurance to prevent exchange rate risk and business insurance solutions;
Amendment 55 #
2012/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need to provide SMEs with financial and technical assistance focused on market research, project and export finance advisory, legal counselling (e.g. on escape clauses or penalties for late payment or default), customs and tax obligations, the fight against counterfeiting, and company presentations at trade fairs and business networking events (e.g. to find distributors in a third country);
Amendment 64 #
2012/2114(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Regards better, less costly and faster access of SMEs to anti-dumping procedures as key to better protecting them from unfair trade practices by trade partners; calls on the Commission to pay due consideration to this concern when reforming the EU's Trade Defence Instruments;
Amendment 68 #
2012/2114(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned with the effects of wrongful border injunctions and seizures based on alleged intellectual property rights infringement on the internationalisation of European small and medium sized enterprises; takes notice of how only at the EU borders in 2011, goods were established to have been detained by mistake in more than 2700 cases; requests a thorough evaluation of how such wrongful injunctions and seizures made by third party customs authorities could affect SME foreign investment opportunities to be undertaken by the Commission;
Amendment 12 #
2012/2096(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the report of the European Network and Information Security Agency on co-operation between Computer Emergency Response Teams and Law Enforcement Agencies, published on the 28th of February 2012,
Amendment 98 #
2012/2096(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Suggests that the Commission launch a public pan-European education initiative, geared towards educating and raising awareness among both private and business end-users about potential threats on the internet and fixed and mobile ICT devices at every level of the utility chain and towards promoting safer individual online behaviours;
Amendment 110 #
2012/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to explore the necessity and feasibility of an EU Cyber Coordination postRegrets the lack of clarity the Commission has displayed in its communications to the parliament and the public about the establishment of the Cyber Crime Centre and its expected future mission;
Amendment 11 #
2012/2094(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concernedAgrees with the concern expressed by the Commission that 'citizens see the current system of copyright protectionincreasingly hear the word copyright and hate what is behind it'; notes that 'many see the current system as a tool to ‘punish and withhold, instead ofnot a tool to recognise and reward’1 ; __________________ .'1; acknowledges the important role which foreign trade policy has had in shaping these tools; __________________ 1 Vice-President of the European Commission Neelie Kroes responsible for the Digital Agenda, 19th November 2011 http://europa.eu/rapid/pressReleasesActio n. do?reference=SPEECH/11/777
Amendment 25 #
2012/2094(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is of the opinion that the European Union should stop negotiating international agreements on IPR in plurilateral and bilateral settings until the issues regarding IPR on the Internet andCalls upon the European Commission and the Council to ensure that mandates for multilateral and bilateral trade negotiations, as well as the conduct of the negotiations themselves, are effectively conducive to the achievement of important objectives of the European Union, in particular the achievement of a true digital single market. Ensuring the Internet remains an open and neutral communication infrastructure and that the free use of the Internet have been addressed internally and duly resolvedgime for copyright and other intellectual property rights is not fragmented across borders are two essential components of this endeavour;
Amendment 30 #
2012/2094(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Council not to concludeto condition the conclusion of trade agreements with countries where EU ICTon a guarantee that European Union information and communication technologies companies are not required to restrict access to websites, remove user- generated content or provide personal information in ways that breach fundamental rights and curtail the freedom to conduct business; calls on the EU to minimise the extra-territorial application of third-country legislation on EU citizens online;
Amendment 45 #
2012/2094(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the EUuropean Council and the European Commission should include in future FTAfree trade agreements objective and transparent safeguards preserving unrestricted access to the open Internet and ensuring the free flow of information, as well as provisions safe-guarding flexibilities in copyright;
Amendment 49 #
2012/2094(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the extra-territorial application on European Union citizens of laws from foreign jurisdictions has arisen as an issue both in terms of censorship and restricted access to political information, as well as in the copyright debates; calls on the Council and the Commission to minimise the impact of third-country legislation, or lack thereof, on European Union citizens online;
Amendment 6 #
2012/2030(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that broadband and the internet are important drivers for economic growth, job creation and European competitiveness, as well as boosting online commerce and services, but points out that more competition is needed to ensure net neutralityadditional regulatory measures are needed to ensure net neutrality; recalls the recent findings by BEREC showing that operators on both wired and wireless connections are increasingly blocking, filtering or prioritising traffic on non- technical grounds, as well as changing the terms of such blocking, filtering and prioritation, without giving their customers the time or ability to consent to such actions;
Amendment 12 #
2012/2030(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Re-emphasizes potential challenges when departing from network neutrality, including anticompetitive behaviour, blockage of innovation, restriction on freedom of expression, lack of consumer awareness and infringement of privacy and that the lack of net neutrality hurts both businesses, consumers and society as a whole;
Amendment 23 #
2012/2030(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for an integrated European market for card, internet and mobile payments; calls, a the same time, for a facilitated framework for e-invoicing; stresses in both these regards the importance of interoperability and open standards so as to facilitate maximum market potential and competition;
Amendment 28 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the importance of ‘'one-stop- shops’' for VAT in order to facilitate cross- border e-commerce for SMEs and promote e-invoicing;
Amendment 30 #
2012/2030(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasizes the importance of a harmonised approach to exceptions and limitations in the field of copyright, as well as the harmonised statutory exceptions to trademarks and patents, often for the benefit of researchers and developers, to ensure facilitated development, deployment and consumer uptake of new, innovative services and the legal certainty for researching teams, innovators, artists and users required for a prospering European digital environment to emerge;
Amendment 42 #
2012/2030(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to draw up national cyber-incident contingency plans to cope with cyber-disruptionEuropean and national critical information infrastructure plans and develop strategies for cyber- attacks with cross-border relevancea more resilient and reliable infrastructure which will enable the emergence of the digital market;
Amendment 45 #
2012/2030(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Makes note of the work already done in the European Parliament on criminal activities online, but stresses in this regard that the security industry and its strong potential for small-scale European entrepreneurship and innovation is dependent on the accessibility and legal deployment of testing equipment for network resilience and security;
Amendment 52 #
2012/2030(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recognises that high-speed networks are a prerequisite for the development of online services and invites the Member States to further develop national broadband plans and adopt operational plans with concrete measures to implement the targets set in the Digital Agenda; calls for a European strategy for large-scale deployment of fibre-to-the-home;
Amendment 58 #
2012/2030(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Recognises the major potential of cloud computing and calls on the Commission to propose without delay a European strategy on the outstanding issue of data privacy and the entrepreneurial and innovative potential in the field of jurisdictional control rewarded to citizens through cloud computing.
Amendment 16 #
2012/0180(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place. They contribute to developing and maintaining creativity. In an internal market where competition is not distorted, protecting innovation and intellectual creation alsocan encourages investment in innovative services and products.
Amendment 18 #
2012/0180(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecting societieve management organisations enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 19 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societieIn this context, reminds that the derogation in article 17(11) for intellectual property rights from the principle of freedom to provide cross- border services without unjustified restriction, covers the rights as such (existence of the right, scope and exceptions, duration, etc.) and it does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collective management organisations should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 20 #
2012/0180(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societieve management organisations, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societieve management organisations lead to inefficiencies and inequities in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and, users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rightsnd consumers alike.
Amendment 21 #
2012/0180(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and, rightholders and users. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 23 #
2012/0180(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of works, different types of works and other subject matter. Collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses or placement in the public domain.
Amendment 24 #
2012/0180(COD)
Proposal for a directive
Recital 12
Recital 12
(12) MAll members of collecting societieve management organisations should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy, and whenever possible by electronic means.
Amendment 25 #
2012/0180(COD)
Proposal for a directive
Recital 12
Recital 12
(12) MAll members of collecting societies should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made as easy as possible.
Amendment 27 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be, represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States sing different categories of righthould be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisoryers, to be represented in the body that exercises this function.
Amendment 28 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 29 #
2012/0180(COD)
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting societyve management organisation's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting societybefore taking up their duties and thereafter annually to the collective management organisation whether there are conflicts between their interests and those of the societyorganisation.
Amendment 30 #
2012/0180(COD)
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting society's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting society, prior to and yearly after taking their position as manager or executive director, whether there are conflicts between their interests and those of the collecting society.
Amendment 30 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societieIn this context, reminds that the derogation in Article 17(11) of that Directive for intellectual property rights from the principle of freedom to provide cross-border services without unjustified restriction, covers the rights as such (existence of the right, scope and exceptions, duration, etc.) and it does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collective management organisations should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 31 #
2012/0180(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societieve management organisations collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societieve management organisations exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societieve management organisations maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societieve management organisations. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting societyve management organisation and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societieve management organisations' general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting societyve management organisation should be managed in accordance with criteria which would oblige the collecting societyve management organisation to act prudently, while allowing the collecting societyve management organisation to decide on the most secure and efficient investment policy. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of anyve management organisation to opt for a secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societieve management organisations to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societieve management organisations of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 32 #
2012/0180(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper and transparent records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies' general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. This should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 33 #
2012/0180(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteriaand non-discriminatory criteria. Tariffs should be reasonable in relation to the economic value of the use of the rights in trade.
Amendment 33 #
2012/0180(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societieve management organisations, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societieve management organisations lead to inefficiencies and inequities in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and, users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rightsnd consumers alike.
Amendment 34 #
2012/0180(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non-discriminatory criteria.
Amendment 35 #
2012/0180(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collective management organisations should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collection of rights revenues.
Amendment 36 #
2012/0180(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from certain transparency obligations.
Amendment 37 #
2012/0180(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from certain transparency obligations.
Amendment 38 #
2012/0180(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societies, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi-territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society, without abusing its market power. The development of legal online music services across the Union should also contribute to the fight against piracya decrease in unauthorized copying of music.
Amendment 40 #
2012/0180(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The availability of accurate and comprehensive information on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that users, consumers, prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 41 #
2012/0180(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To ensure that the data on the music repertoire they process is as accurate as possible, collecting societies granting multi-territorial licences of musical works should be required to update their databases continuously and without delay. They should establish easily accessible procedures to enable rightholders and, other collecting societies whose repertoire they may represent, users and consumers to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control, including rights – in whole or in part – and Member States for which they have mandated the relevant collecting society to act. They should also have the capacity to process electronically the registration of works and authorisations to manage rights. Given the importance of information automation for the fast and effective processing of data, collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders. Collecting societies should, as far as possible, ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the Union.
Amendment 41 #
2012/0180(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of works, different types of works and other subject matter. Collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses or placement in the public domain.
Amendment 42 #
2012/0180(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to invoice service providersestablish cooperation procedure among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay. For this requirement to be effective, it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works. Collecting societies should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 43 #
2012/0180(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Aggregating of different music repertoires for multi-territorial licensing facilitates the licensing process and, by making all repertoires accessible to the market for multi-territorial licensing, enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service. That aggregation of repertoires should facilitate the development of new online services, and should also result in a reduction of transaction costs that are passed on to consumers. Therefore, collecting societies that are not willing to or are not able to grant multi-territorial licences directly in their own music repertoire should be encouraged to mandate other collecting societies voluntarily with the task of managing their repertoire under non- discriminatory terms. Where the request to mandate takes place, the requested collecting society should be required to accept, provided that it aggregates repertoire and offers or grants multi- territorial licences. In addition, exclusivity in agreements on multi- territorial licenses would restrict the choices available to users seeking multi- territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi-territorial basis. Therefore, all representation agreements between collecting societies providing for multi-territorial licensing should be concluded on a non-exclusive basis.
Amendment 43 #
2012/0180(COD)
Proposal for a directive
Recital 12
Recital 12
(12) MAll members of collecting societieve management organisations should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy, and whenever possible by electronic means.
Amendment 44 #
2012/0180(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societieve management organisations who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive sanctions or measures are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi-territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 45 #
2012/0180(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive measures and sanctions are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi- territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 45 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be, represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States sing different categories of righthould be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisoryers, to be represented in the body that exercises this function.
Amendment 46 #
2012/0180(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper, efficient, accurate, accountable and transparent functioning of the management of copyright and related rights by collecting societies. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use.
Amendment 46 #
2012/0180(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societieve management organisations collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societieve management organisations exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societieve management organisations maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societieve management organisations. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting societyve management organisation and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societieve management organisations' general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting societyve management organisation should be managed in accordance with criteria which would oblige the collecting societyve management organisation to act prudently, while allowing the collecting societyve management organisation to decide on the most secure and efficient investment policy. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of anyve management organisation to opt for a secure and profitable asset allocation that prevents exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societieve management organisations to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societieve management organisations of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 47 #
2012/0180(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where the amounts due to rightholders cannot be distributed, because the collective management organisation failed to identify and locate the rightholders, it would provide a disincentive for the collective management organisations to be diligent in their effort to locate the proper rightholders, if they were allowed to keep the money and use it for other purposes. Since it is Member States that have primary responsibility for cultural policy, it is appropriate that the money that cannot be distributed shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders. In addition, each Member State will decide how to use the money in the fund for related purposes, such as paying reappearing rightholders according to Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, digitising and restoring our cultural heritage, and promoting cultural diversity.
Amendment 48 #
2012/0180(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteriaand non-discriminatory criteria. Tariffs should be reasonable in relation to the economic value of the use of the rights in trade.
Amendment 49 #
2012/0180(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collecting societies should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collection of rights revenues.
Amendment 50 #
2012/0180(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from certain transparency obligations.
Amendment 51 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘commercial operator’ means any entity which is authorised by way of any contractual arrangement to manage copyright or rights related to copyright on behalf of rightholders on a commercial basis;
Amendment 52 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘member of a collecting society’ means a rightholder or an entity directly representing rightholders, including other collecting societieve management organisations and associations of rightholders, fulfilling the membership requirements of the collecting societyve management organisation, regardless of its legal form;
Amendment 52 #
2012/0180(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societies, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi-territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society, without abusing its market power. The development of legal online music services across the Union should also contribute to the fight against piracya decrease in unauthorized copying of music.
Amendment 53 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholdits members, whether from an exclusive right, or a right to remuneration or a right to compensationand including any income derived from the investments of rights revenue;
Amendment 54 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting society on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation;, as well as any financial revenue, such as interest.
Amendment 54 #
2012/0180(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to invoice service providersestablish cooperation procedure among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay. For this requirement to be effective, it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works. Collecting societies should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 55 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights, works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
Amendment 56 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 57 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 57 #
2012/0180(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societieve management organisations who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive sanctions or measures are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi-territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 58 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Without prejudice to Article 20(4), rightholders shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 59 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and nondiscriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 60 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Collecting societies shall keep publicly accessible records of their members whichand their respective rights or works which the rightholders authorise the collecting society to manage. The records are regularly updated so that both members and their managed rights and works can be properly identified and located.
Amendment 61 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general meeting shall approve any amendments to the statute and the membership terms of the collecting society, where those terms are not regulated by the statutestatute and the membership terms of the collective management organisation as well as any amendments thereof shall be adopted by the general meeting.
Amendment 62 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 63 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 64 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the useallocation of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 65 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report. If the financial management practice of the collective management organisation, is reasonably in doubt, the general meeting may decide to conduct an external audit. The result of such external audit shall be communicated to all members and to the public.
Amendment 66 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of thea members of the collecting societyve management organisation to participate and to exercise his or hers voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 66 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
Amendment 67 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 67 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘'member of a collecting society’' means a rightholder or an entity directly representing rightholders, including other collecting societieve management organisations and associations of rightholders, fulfilling the membership requirements of the collecting societyve management organisation, regardless of its legal form;
Amendment 68 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given by the member to the proxy holder no more than three months before its use.
Amendment 69 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 69 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, and including any income derived from the investments of rights revenue;
Amendment 70 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 71 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 71 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights, works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
Amendment 72 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 72 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 73 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 73 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 74 #
2012/0180(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, to the members and publicly accessible through the website of the collective management organisation. The statement should be made before each of those persons take up their duties and should thereafter be renewed annually. The statement should containing the following information:
Amendment 75 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in member states with systems of extended collective licensing, a collective management organization shall ensure that it only collects rights revenue on behalf of rightholders whose rights it is authorised to represent.
Amendment 76 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 77 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) the assets shall be invested in the best interests of membrightholders; where there is any potential conflict of interest, the collecting society shall ensure that the investment is made in the sole interest of membrightholders;
Amendment 77 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights, works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 78 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 79 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societySuch distributions and payments shall be carryied out such distribution and paymentsby the collecting society without undue delay and no later than 123 months from the end of the financial year in whichcollection of the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 80 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money is collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 80 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights, works or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 81 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the useallocation of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 81 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Without prejudice to Article 20(4), rightholders shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 82 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 83 #
2012/0180(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The collecting society shall regularly, diligently and, accurately and without undue delay distribute and pay amounts due to other collecting societies.
Amendment 84 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Reporting and invoicing 1. Collective management organisations shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collective management organisation accurately and within the deadline jointly agreed in relation to that licence. 2. Collective management organisations shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collective management organisations to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works which have been licensed. The single invoice shall be transparent and shall identify the collective management organisations concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 84 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non- discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 85 #
2012/0180(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15 b Invoicing standards 1. Collective management organisations, as well as commercial operators, as defined in point (aa) of Article 3, shall invoice users by electronic means, whenever possible. Collective management organisations and commercial operators shall offer the use of a least one format which takes into account voluntary industry standards or practices developed at international or Union level. 2. Collective management organisations and commercial operators shall invoice online music service providers accurately and without delay after the actual use of the works. 3. Collecting management organisations and commercial operators shall have adequate procedures in place for the user to challenge the accuracy of the invoice, including when the user receives invoices from one or more collective management organisations or commercial operator for the same rights in the same works.
Amendment 86 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available at least once a year, by electronic means and where appropriate on a more regular basis through individual on-line accounts, the following information to each rightholder it represents directly:
Amendment 87 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available on a rolling basis or at least once a year, by electronic means, the following information to each rightholder it represents:
Amendment 88 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that commercial operators, as defined in point (aa) of Article 3, make available at least once a year, by electronic means, the information described in points (a), (b), (c), (d) and (g) of paragraph 1 of this Article, to each rightholder whose rights they manage.
Amendment 88 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general meeting shall approve any amendments to the statute and the membership terms of the collecting society, where those terms are not regulated by the statutestatute and the membership terms of the collective management organisation as well as any amendments thereof shall be adopted by the general meeting.
Amendment 89 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts due to the rightholder per category of rights managed, and per type of use, and per work paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 89 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 90 #
2012/0180(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes the following information available, on a rolling basis or at least once a year, by electronic means, to the collecting society on whose behalf it manages rights under a representation agreement for a particular period:
Amendment 90 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 91 #
2012/0180(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the amounts due to rightholders per category of rights managed, and per type of use and per work paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 91 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report. If the financial management practice of the collective management organisation, is reasonably in doubt, the general meeting may decide to conduct an external audit. The result of such external audit shall be communicated to all members and to the public.
Amendment 92 #
2012/0180(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societies and users on requestve management organisations and users
Amendment 92 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of thea members of the collecting societyve management organisation to participate and to exercise his or hers voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 93 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available at the request ofto any rightholder whose rights it represents, to any collecting societyve management organisation on whose behalf it manages rights under a representation agreement or to any user, by electronic means, without undue delay:
Amendment 93 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 94 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 95 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 95 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given by the member to the proxy holder no more than three months before its use.
Amendment 96 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the list of its members, the repertoire and the specific rights it manages on their behalf, and the Member States covered, without revealing personal data and sensitive information about the rightholders;
Amendment 96 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 97 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 97 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 98 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society,ve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 98 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 99 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes public the following information preferably through publicly accessible and searchable interfaces:
Amendment 100 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) standard licensing contracts and applicable tariffs;
Amendment 100 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Collective management organizations shall ensure that they only collect rights revenue on behalf of rightholders whose rights it is authorised to represent.
Amendment 101 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) the repertoire and rights it manages and the Member States covered;
Amendment 101 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 102 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) standard licensing contracts and applicable tariffs;
Amendment 103 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders on works for which one or more rightholders have not been identified.
Amendment 104 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) the repertoire and rights it manages and the Member States covered;
Amendment 105 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Collective management organisations shall ensure that, in accordance with point (ab) of paragraph 1, the information on repertoire is accurate and regularly updated. In this respect, they shall particularly ensure that the information concerning works whose term of protection is about to terminate is accurate and regularly updated, and made available to the public.
Amendment 106 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 107 #
2012/0180(COD)
Proposal for a directive
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) The ability to offer both the reproduction (mechanical) and the communication (performance) right in the musical works it seeks to license by means of multi-territorial licenses.
Amendment 107 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 108 #
2012/0180(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting society may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 109 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A collecting society shall monitoragree with the online music service provider on the provision of information regarding the use of online rights in musical works which it represents, in whole or in part, by online music service providers to which it has granted a multi-territorial licence for those rights.
Amendment 110 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The collecting society shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting society shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting society may refuse to accept reporting by the user in a proprietary format if the society allows for reporting using an industry standard for the electronic exchange of data.
Amendment 111 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 111 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money is collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 112 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The collecting society shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives invoices from one or more collecting societiesmore than one invoice for the same online rights in the same musical work.
Amendment 114 #
2012/0180(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The requested collecting society shall accept such a request within a reasonable time if it is already granting or offering to grant multi- territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies.
Amendment 114 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting societyve management organisation as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 115 #
2012/0180(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
The management fee for the service provided by the requested collecting societyve management organisation to the requesting societyorganisation shall not exceed the costs reasonably incurred by the requested collecting societyve management organisation in managing the repertoire of the requesting collecting societyorganisation and a reasonable profit margin economically viable for all parties involved.
Amendment 117 #
2012/0180(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
Amendment 118 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 119 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 120 #
2012/0180(COD)
Proposal for a directive
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.
Amendment 121 #
2012/0180(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providdesignate or establish competent authorities which continuously monitor collective management organisations operating in their territory. Member States shall ensure that their respective competent authorities may takimpose appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. The sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 124 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Reporting and invoicing 1. Collecting societies shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collecting society accurately and within the deadline jointly agreed in relation to that licence. 2. Collecting societies shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collecting societies to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works which have been licensed. The single invoice shall be transparent and shall identify the collecting societies concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 127 #
2012/0180(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Amendment 129 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available at least once a year, by electronic means and where appropriate on a more regular basis through individual on-line accounts, the following information to each rightholder it represents directly:
Amendment 130 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that commercial operators, as defined in point (aa) of Article 3, make available at least once a year, by electronic means, the information described in points (a), (b), (c), (d) and (g) of paragraph 1 of this Article, to each rightholder whose rights they manage.
Amendment 131 #
2012/0180(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts due to the rightholder per category of rights managed, and per type of use, and per work paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 132 #
2012/0180(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the amounts due to rightholders per category of rights managed, and per type of use and per work paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 133 #
2012/0180(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societies and users on requestve management organisations and users
Amendment 134 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available at the request ofto any rightholder whose rights it represents, to any collecting societyve management organisation on whose behalf it manages rights under a representation agreement or to any user, by electronic means, without undue delay:
Amendment 136 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the list of its members, the repertoire and the specific rights it manages on their behalf, and the Member States covered;, without revealing personal data and sensitive information about the rightholders
Amendment 139 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identifiedve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 142 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes public the following information preferably through publicly accessible and searchable interfaces:
Amendment 143 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) standard licensing contracts and applicable tariffs;
Amendment 144 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) the repertoire and rights it manages and the Member States covered;
Amendment 145 #
2012/0180(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Collective management organisations shall ensure that, in accordance with point (ab) of paragraph 1, the information on repertoire is accurate and regularly updated. In this respect, they shall particularly ensure that the information concerning works whose term of protection is about to terminate is accurate and regularly updated, and made available to the public.
Amendment 146 #
2012/0180(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that collecting societies establishedve management organisations operating in their territory comply with the requirements in this Title when granting multi-territorial licences for online rights in musical works.
Amendment 147 #
2012/0180(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Within the scope of this Title, categories of online rights in musical works shall not allow the separation of the reproduction (mechanical) and the communication to the public (performance) right.
Amendment 148 #
2012/0180(COD)
Proposal for a directive
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) The ability to offer both the reproduction (mechanical) and the communication (performance) right in the musical works it seeks to license by means of multi-territorial licenses.
Amendment 149 #
2012/0180(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting societyve management organisation may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 150 #
2012/0180(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A collecting society which grants multi- territorial licences for online rights in musical works shall have procedures in place to enable rightholders and other collecting societies, and users to object to the contents of the data referred to in Article 22(2) or to information provided under Article 23, where such rightholders and collecting societies, and users, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collecting society shall ensure that the data or the information are corrected without undue delay.
Amendment 151 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A collecting society shall monitoragree with the online music service provider on the provision of information regarding the use of online rights in musical works which it represents, in whole or in part, by online music service providers to which it has granted a multi-territorial licence for those rights.
Amendment 152 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The collecting societyve management organisation shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting societyve management organisation shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting societyve management organisation may refuse to accept reporting by the user in a proprietary format if the societyorganisation allows for reporting using an industry standard for the electronic exchange of data.
Amendment 153 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 154 #
2012/0180(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The collecting societyve management organisation shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives invoices from one or more collecting societiesmore than one invoice for the same online rights in the same musical work.
Amendment 156 #
2012/0180(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
The management fee for the service provided by the requested collecting societyve management organisation to the requesting societyorganisation shall not exceed the costs reasonably incurred by the requested collecting societyve management organisation in managing the repertoire of the requesting collecting societyorganisation and a reasonable profit margin economically viable for all parties involved.
Amendment 159 #
2012/0180(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
Amendment 161 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 163 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 166 #
2012/0180(COD)
Proposal for a directive
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.
Amendment 168 #
2012/0180(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providdesignate or establish competent authorities which continuously monitor collective management organisations established in their territory. Member States shall ensure that their respective competent authorities may takimpose appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. The sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 169 #
2012/0180(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 39 continuously monitor the compliance with the requirements laid down in Title III of this Directive by collecting societies establishedoperating in their territory when granting multi-territorial licences for online rights in musical works.
Amendment 51 #
2012/0146(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Building trust in the online environment is key to economic and social development. Lack of trust, in particular because of a perceived lack of legal certainty, makes consumers, businesses and administrations hesitate to carry out transactions electronically and to adopt new services.
Amendment 52 #
2012/0146(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation seeks to enhance trust in electronic transactions in the internal market by enabling secure and seamlessproviding a common foundation for legally secure electronic interactions to take place between businesses, citizens and public authorities, thereby increasing the effectiveness of public and private online services, electronic business and electronic commerce in the Union.
Amendment 53 #
2012/0146(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, essentially covered electronic signatures without delivering a comprehensive cross- border and cross-sector framework for secure, trustworthy and easy-to-use electronic transactions. This Regulation enhances and expands the acquis of the Directivaddresses these lacunae.
Amendment 54 #
2012/0146(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Council invited the Commission to create a digital single market by 2015 to make rapid progress in key areas of the digital economy and to promote a fully integrated digital single market by facilitating the cross-border use of online services, with particular attention to facilitating secure electronic idauthentification and authidentification.
Amendment 55 #
2012/0146(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Council invited the Commission to contribute to the digital single market by creating appropriate conditions for the mutual recognition of key enablers across borders, such as electronic authentication or identification, electronic documents, electronic signatures and electronic delivery services, and for interoperable eGovernment services across the European Union.
Amendment 56 #
2012/0146(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)1 calls on the Commission to adopt measures were required to ensure that terminal equipment is constructed in a way that is compatible with the right of users to protect and control the use of their personal data, in accordance with Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity2 and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications3. The European multi-stakeholder platform on ICT standardisation established through Commission Decision of 28 November 2011 setting up the European multi- stakeholder platform on ICT standardisation4 further seems a plausible agent to use for such purposes to the extent that data protection authorities and the European Data Protection Board are adequately resourced to participate in standardisation procedures which relate to information and communication technologies dealing with personal data as defined in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data5. _________________ 1 OJ L 201, 31.7.2002, p. 37. 2 OJ L 91, 7.4.1999, p. 10. 3 OJ L 36, 7.2.1987, p. 31. 4 OJ C 349, 30.11.2011, p. 4. 5 OJ L 281, 23.11.1995, p. 31.
Amendment 57 #
2012/0146(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market requests Member States to establish ‘'points of single contact’' (PSC) to ensure that all procedures and formalities relating to access to a service activity and to the exercise thereofccess to a service activity and in particular in relation to transactions can be easily completed, at a distance and by electronic means, for the appropriate services through the appropriate point of single contact and with the appropriate authorities. Many online services accessible through PSCs require electronic identification, authentication and signature.
Amendment 58 #
2012/0146(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In most cases service providers from another Member State cannot use their electronic authentication or identification to access these services because the national electronic authentication or identification schemes in their country are not recognised and accepted in other Member States. ThisAn additional problem is that currently deployed systems do not allow for citizens and beneficiaries of these services to cultivate trust in the service provider by effective mutual authentication or identification. These electronic barriers excludes service providers from enjoying the full benefits of the internal market. Mutually recognized and accepted electronic authentication or identification means will facilitate cross- border provision of numerous services in the Internal Market and enable businesses to go cross-border without facing many obstacles in interactions with public authorities.
Amendment 59 #
2012/0146(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Member States should remain free to use or introduce means, for electronic authentication or identification purposes, for accessing online services. They should also be able to decide whether to involve the private sector in the provision of these means. Member States should not be obliged to notify their electronic identification schemes. The choice to either notify all, some or none of the electronic identification schemes used at national level to access at least public online services or specific services is up to the Member States.
Amendment 60 #
2012/0146(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Some conditions need to be set in the Regulation with regard to which electronic authentication or identification means have to be accepted and how the schemes should be notified. These should help Member States to build the necessary trust in each other's electronic identification schemes and to mutually recognise and accept electronic identification means falling under their notified schemes. The principle of mutual recognition and acceptance should apply if the notifying Member State meets the conditions of notification and the notification was published in the Official Journal of the European Union. However, the access to these online services and their final delivery to the applicant should be closely linked to the right to receive such services under the conditions set by national legislation.
Amendment 61 #
2012/0146(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should be able to decide to involve the private sector in the issuance of electronic identification means and to allow the private sector the use of electronicissuing electronic authentication or identification means. Private sector parties should also be allowed to use electronic authentication and identification means under a notified scheme for authentication or identification purposes when needed for online services or electronic transactions. The possibility to use such electronic identification means would enable the private sector to rely on electronic identification and/or authentication already largely used in many Member States at least for public services and to make it easier for businesses and citizens to access their online services across borders. In order to facilitate the use of such electronic authentication or identification means across borders by the private sector, the authentication possibility provided by the Member States should be available to relying parties without discriminating between public orand private sector.
Amendment 62 #
2012/0146(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The cross border use of electronic identification means under a notified scheme requires Member States to cooperate in providing technical interoperability. This rules out anyechnical requirements on users stemming from the inherent specific national technical rules requiring non-national parties for instance to obtain specific hardware or software to verify and validate the notified electronic identification. Technical requirements on users, on the other hand, stemming from the inherent specifications of whatever token is used (e.g. smartcards) are inevitables of whatever token is used (e.g. smartcards) are inevitable. Member states whose identification mechanisms rely on specific hardware or software to verify and validate the notified electronic identification must provide such certification tokens at no additional cost for Union principals who are not their nationals or residents.
Amendment 65 #
2012/0146(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Cooperation of Member States should serve the technical interoperability of the notified electronic authentication or identification schemes with a view to foster a high level of trust and security appropriate to the degree of risk. The exchange of information and the sharing of best practices between Member States with a view to their mutual recognition should help such cooperation.
Amendment 67 #
2012/0146(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should remain free to define other types of trust services in addition to those making part of the closed list of trust services provided for in this Regulation, for the purpose of recognition at national level as qualified trust services. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 68 #
2012/0146(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 71 #
2012/0146(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) A trust service provider operates in a particularly sensitive environment where many other parties rely on the integrity of their services. In particular, it is presumed by its customers that they are always trustworthy. Therefore it is important that they avoid conflicts of interest. In the interest of good governance within the context of electronic signatures and electronic identification, trust service providers should not in general be operated or owned by entities providing services that require their trust services. Over-sight shall be provided by a competent supervisory body.
Amendment 73 #
2012/0146(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) All Member States should follow common essential supervision requirements to ensure a comparable security level of qualified trust services. To ease the consistent application of these requirements across the Union, Member States should adopt comparable procedures and should exchange information on their supervision activities and best practices in the field.
Amendment 75 #
2012/0146(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To enable the Commission and the Member States to assess the impact of this Regulation, supervisory bodies should be requested to provide statistics on and the use of qualified trust services.
Amendment 76 #
2012/0146(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) To ensure sustainability and durability of qualified trust services with clearly public missions and to boost users' confidence in the continuity of qualified trust services, supervisory bodies should ensure that the data of qualifiedsuch trust service providers are preserved and kept accessible for an appropriate period of time even if a qualifiedsuch a trust service provider ceases to exist.
Amendment 78 #
2012/0146(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To facilitate the supervision of qualified trust services providers, for example when a provider is providing its services in the territory of another Member State and is not subject to supervision there, or when the computers of a provider are located in the territory of another Member State than the one where it is established, a mutual assistance system between supervisory bodies in the Member States should be set up.
Amendment 79 #
2012/0146(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is the responsibility of trust service providers to meet the requirements set out in this Regulation for the provisioning of trust services, in particular for qualified trust services. Supervisory bodies have the responsibility to supervise howthat trust service providers meet these requirements.
Amendment 80 #
2012/0146(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to allow an efficient initiation process, which should lead to the inclusion of qualified trust service providers and the qualified trust services they provide into trusted lists, preliminary interactions between prospective qualified trust service providers and the competent supervisory body should be encouraged with the view of facilitating the due diligence leading to the provisioning of qualified trust services.
Amendment 81 #
2012/0146(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 82 #
2012/0146(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Once it has been subject to a notification, a qualified trust service cannot be refused for the fulfilment of an administrative procedure or formality by the concerned public sector body, for not being included in the trusted lists established by the Member States. For the present purpose a public sector body refers to any public authority or other entity entrusted with the provision of eGovernment services such as online tax declaration, request for birth certificates, participation to electronic public procurement procedures, etc.
Amendment 83 #
2012/0146(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
Amendment 84 #
2012/0146(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) It should be possible to entrust qualified electronic signature creation devices to the care of a third party by the signatory, provided that appropriate mechanisms and procedures are implemented to ensure that the signatory has sole control over the use of his electronic signature creation data, and the qualified signature requirements are met by the use of the device.
Amendment 85 #
2012/0146(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) To ensure legal certainty on the validity of the signature it is essential to detail which components of a qualifiedn electronic signature must be assessed by the relying party carrying out the validation. Moreover, defining the requirements of qualified trust service providers that can provide a qualified validation service to relying parties not willing or unable to carry out themselves the validation of qualified electronic signatures, should stimulate the private or public sector to invest in such services. Both elements should make qualified electronic signature validation easy and convenient for all parties at Union level.
Amendment 86 #
2012/0146(COD)
Proposal for a regulation
Recital 42
Recital 42
Amendment 87 #
2012/0146(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 89 #
2012/0146(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 90 #
2012/0146(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 91 #
2012/0146(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 92 #
2012/0146(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 94 #
2012/0146(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) To ensure legal certainty to the market operators already using qualified certificates issued in compliance with Directive 1999/93/EC, it is necessary to provide for a sufficient period of time for transitional purposes. It is also necessary to provide the Commission with the means to adopt the implementing acts and delegated acts before that date.
Amendment 95 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for certain electronic authentication or identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market.
Amendment 97 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation lays down the conditions under which Member States shall recognise and accept electronic authentication or identification means ofor natural and legal persons falling under a notified electronic authentication or identification scheme of another Member State.
Amendment 98 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation establishes a legal framework for certain electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic deliveryassociated trust services and websithe authentication of certain aspects of networked services.
Amendment 103 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to electronic authentication and identification provided by, on behalf or under the responsibility of Member States and to the associated trust service providers established in the Union.
Amendment 108 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘electronic identification’ means the process of using personan electronic authentication using identification data in electronic form unambiguously representing a natural or legal person where: (a) the identification data can only be used by the relying party for identifying the person if specified conditions are met (conditional electronic identification) or (b) the identification data can be used by the relying party for identifying the person (unconditional electronic identification);
Amendment 111 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'transaction' means a session or contact between the person and a relying party;
Amendment 112 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1 b (new)
Article 3 – point 1 b (new)
(1b) 'unlinkable electronic authentication' means a process of using data in electronic form on attributes of a natural or legal person where the provided attributes and additionally available information do not allow the transaction to be linked to a person or any other transaction;
Amendment 113 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1 c (new)
Article 3 – point 1 c (new)
(1c) 'context specific electronic authentication' means the process of using data in electronic form on personal attributes of a natural or legal person where the provided attributes allow verification that the same person has electronically authenticated in the same context on a previous transaction;
Amendment 114 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 2
Article 3 – point 2
(2) ‘'electronic idauthentification means’' means a material or immaterial unit containing data as referred to in point 1a of this Article, and which is used to access services online as referred to in Article 5; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 115 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 3
Article 3 – point 3
(3) ‘'electronic idauthentification scheme’' means a system for electronic idauthentification under which electronic idauthentification means are issued to persons as referred to in point 1 of this Article; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 116 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4
Article 3 – point 4
(4) ‘authentic'electronic validation’' means an electronic process that allows the validation of the electronic idauthentification of a natural or legal person; or of the origin and integrity of an electronic data;
Amendment 117 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4 a (new)
Article 3 – point 4 a (new)
(4a) 'identification data' means any set of attributes the knowledge of which specifies a single physical person, e.g. the combination of name and residential address or name and date of birth or any information leading to such, e.g. a passport number or unique person number;
Amendment 118 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4 b (new)
Article 3 – point 4 b (new)
(4b) 'issuer' means an entity that vouches for the validity of one or more attributes of a person, by issuing an electronic identification means to a holder;
Amendment 119 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4 c (new)
Article 3 – point 4 c (new)
(4c) 'validation service' means the entity responsible for a authentication possibility ensured by a notifying Member State according to point (d) of Article 6(1);
Amendment 120 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4 d (new)
Article 3 – point 4 d (new)
(4d) 'holder' means a natural or legal person to whom an electronic authentication means is issued;
Amendment 121 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 4 e (new)
Article 3 – point 4 e (new)
(4e) 'relying party' means a natural or legal person to whom the holder of an electronic authentication means verifies attributes;
Amendment 124 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 8
Article 3 – point 8
Amendment 126 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 11
Article 3 – point 11
Amendment 128 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 13
Article 3 – point 13
Amendment 129 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 14
Article 3 – point 14
(14) ‘'trust service provider’' means a natural or a legal person who provides one or more trust services as defined in this regulation;
Amendment 130 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 15
Article 3 – point 15
Amendment 131 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 18
Article 3 – point 18
Amendment 132 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 21
Article 3 – point 21
Amendment 133 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 22
Article 3 – point 22
Amendment 134 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 24
Article 3 – point 24
Amendment 135 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 26
Article 3 – point 26
Amendment 136 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 29
Article 3 – point 29
Amendment 138 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 30
Article 3 – point 30
Amendment 140 #
2012/0146(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Data procession and protection 1. Trust service providers, issuers, validation services, relying parties and supervisory bodies shall ensure fair and lawful processing in accordance with Directive 95/46/EC when processing personal data. 2. Trust service providers, issuers, validation services shall process personal data according to Directive 95/46/EC. Such processing shall be strictly limited to the minimum data needed to issue and maintain an eID or certificate, validate an electronic authentication or to provide a trust service. 3. Trust service providers, issuers, validation services shall guarantee the confidentiality and integrity of data related to a person to whom the eID is issued or the service is provided. 4. Without prejudice to the legal effect given to pseudonyms under national law, Member States shall not prevent issuers from indicating in electronic authentication means a pseudonym instead of or in addition to the holder's name or prevent trust service providers indicating in electronic signature certificates a pseudonym instead of the signatory's name. 5. Validation services must not collect or retain data beyond the extent necessary for the process of validation. Validation services must not profile signatories, relying parties or any other customers. Logs may be retained for the purpose of detecting fraud and intrusions but for no more than 90 days.
Amendment 142 #
2012/0146(COD)
Proposal for a regulation
Article 5
Article 5
1. When an electronic idauthentification using an electronic identification means and authentication is requirauthentication means is required under national legislation or administrative practise to access a service online, a notified electronic authentication means of the same or higher assurance level issued in another Member State shall be recognised under national legislation or administrative practice to access a service onlinef the same sector online. Additionally, any electronic idauthentification 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. 2. A Member State may limit recognition and acceptance of notified electronic authentication means to a specific sector or sectors. 3. A Member State may withdraw recognition and acceptance of electronic authentication means in the event of security compromise, including the issuance of certificates to impostors or a technical vulnerability in the mechanism.
Amendment 151 #
2012/0146(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Conditions of notification of electronic authentication or identification schemes
Amendment 152 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Electronic authentication or identification schemes shall be eligible for notification pursuant to Article 7 if all the following conditions are met:
Amendment 156 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the electronic authentication or identification means are issued by, on behalf of or under the responsibility of the notifying Member State;
Amendment 160 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the electronic authentication or identification means can be used to access at least public services requiring electronic identification in the notifying Member State;
Amendment 163 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the notifying Member State ensures that the person identification data are attributed unambiguously tore is a mechanism to establish that authenticating data unambiguously verify the desired credentials of the natural or legal person referred to in Article 3 point 1;
Amendment 166 #
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 authentication possibility online, at any time and free of charge so that anyfree of charge. The notifying Member State ensures the availability of end-to- end authentication services online, available on the basis of open standards for the use of relying party canies to validate the person authentication or identification data received in electronic form. Member States shall not impose any specific technical requirements on relying parties established outside of their territory intending to carry out such authentication. When either the notified identification scheme or authentication possibility is breached or partly compromised,make efforts to allow for unlinkable electronic authentication. For this Member States must either provide for an authentication possibility online or otherwise provide all necessary specifications and reference implementations for relying parties to verify an electronic authentication or an electronic identification with proportionate effort. If a Member State becomes aware that a notified identification scheme or authentication possibility is breached or partly compromised, then regardless of whether that scheme or possibility is operated under its own responsibility or that of another Member States, it shall suspend or revoke without delayimmediately notify the Commission and all other Member States of the security failure pursuant to Article 7. Member States shall suspend or revoke reliance on the notified identification scheme or authentication possibility or the compromised parts concerned and inform the other Member States and the Commission pursuant to; other affected parties shall be notified in accordance with the obligations laid out in Article 7; 15(2).
Amendment 170 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) validation services must provide at the discretion of the holder a signed or sealed proof of attributes selected by the holder. In case of an anonymous authentication the provided proof must not be linkable to the holder or to any other proof or personal attributes provided. In cases of context specific electronic authentication linkability is permissible only within the specific context;
Amendment 173 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – point i
Article 6 – paragraph 1 – point e – point i
(i) the unambiguous attribution of the person idat the data provided for the electronic authentification data referred to in point (c)means unambiguously verify the attributes of a single natural or legal person, and
Amendment 176 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States which notify an electronic authentication or identification scheme shall forward to the Commission the following information and without undue delay, any subsequent changes thereof:
Amendment 179 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic authentication or identification scheme;
Amendment 180 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the authorities responsible for the notified electronic authentication or identification scheme;
Amendment 183 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) information on by whom the registration of the unambiguous person identifierappropriate attributes is managed;
Amendment 188 #
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 idauthentification scheme or authentication possibility or the compromised parts concerned.
Amendment 189 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e a (new)
Article 7 – paragraph 1 – point e a (new)
Amendment 198 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall cooperate in order to ensure the interoperability of electronic identification means falling under a notified scheme and to enhance their security. Interoperability standards shall be public together with the cryptographic algorithms, protocols and key management standards. All audit reports shall be published together with all breach notifications following the responsible disclosure period set out in Article 15(2).
Amendment 201 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, by means of implementing acts, establish the necessary modalities to facilitate the cooperation between the Member States and the publication and peer-review mechanisms referred to in paragraph 1 with a view to fostering a high level of trust and security appropriate to the degree of risk. Those implementing acts shall concern, in particular, the exchange of information, experiences and good practice on electronic identification schemes, the peer reviewindependent, third-party auditing of notified electronic identification schemes and the examination of relevant developments arising in the electronic identification sector by the competent authorities of the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Or. en (See also Article 7(1)(f)(new))
Amendment 202 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 206 #
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 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.or where it by operational or technical failure issues a certificate or other authentication credential incorrectly, whether by issuing a certificate or credential to the wrong person or by issuing a certificate or credential with incorrect attributes
Amendment 209 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 220 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified tTrust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUEU.
Amendment 222 #
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, security and supervision, including the requirement for openness set out in Article 8 and the liability requirement set out in Article 9.
Amendment 224 #
2012/0146(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 228 #
2012/0146(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Accessibility for persons with disabilitiespecial needs
Amendment 229 #
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 disabilitiespecial needs whenever possible.
Amendment 242 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) undertaking supervision of qualified trust service providers established in the territory of the designating Member State and of the qualified trust services they provide in order to ensure that they and the qualified trust services provided by them meet the applicable requirements laid down in this Regulation;
Amendment 244 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 248 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Each supervisory body shall spubmitlish a yearly report on the last calendar year's supervisory activities to the Commission and Member States by the end of the first quarter of the following year. It shall include at least:
Amendment 251 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) a summary ofll breach notifications received from trust service providers in accordance with Article 15(2);
Amendment 257 #
2012/0146(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall notify to the Commission and other Member Statespublish the names and the addresses of their respective designated supervisory bodies.
Amendment 265 #
2012/0146(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) iIt is not competentin possession of the required expertise to deal with the request; or
Amendment 274 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Trust service providers who are established in the territory of the Union shall take appropriate technical and organisational measures to manage the risks posed to the security of the trust services they provide. Having regard to state of the art, these measures shall ensure that the level of security is appropriate to the degree of risk. In particular, mMeasures shall be taken to prevent and minimise the impact of security incidents and to inform stakeholders of adverse effects of any incidents. , including both signatories and relying parties, of all security breaches that might affect them. Trust service providers must also take, at their own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service.
Amendment 280 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Without prejudice to Article 16(1), any trust service provider may submitshall publish the report of a security audit carried out by a recognisedn independent body to the supervisory bodywhose competence to carry out the audit has been demonstrated to confirm that appropriate security measures have been taken. Or. en (See also amendment to article 15(1), subparagraph 1.)
Amendment 282 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
In case of a breach of the security of the network, the provider of a trust service must inform both signatories and relying parties and, where the risk lies outside the scope of the measures to be taken by the service provider, of any possible remedies, including an indication of the likely costs involved. Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify, the competent supervisory body, the competent national body for information security and other relevant third parties such as, where personal data is involved in the incident, the data protection authorities of any breach of security or loss of integrity that has a significantn impact on the trust service provided and on the personal data maintained therein. They shall notify not just security breaches in their own systems but any security breaches they observe in the systems of other trust service providers.
Amendment 288 #
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. Publication shall normally be as soon as reasonably practical; however the trust service provider may request a delay so that vulnerabilities can be fixed. If the supervisory body grants this, it may be for no longer than 45 days and the trust service provider must agree to indemnify all relying parties, wherever in the world they are located, against losses directly arising from the delay in notification.
Amendment 295 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In order to implement paragraphs 1 and 2, the competent supervisory body shall have the power to issue binding instructions to trust service providers. All such instructions must be published.
Amendment 297 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. If the provisions laid down in this article are not sufficiently implementable in a particular technological context, the Commission or any other stakeholder may request a clarification through the mechanism for adoption of technological requirements laid out in Chapter IIIa.
Amendment 298 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 301 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 304 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Qualified tTrust service providers shall be audited by a recognisedonce a year by an independent body once a yearwhose competence to carry out the audit has been demonstrated to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submitmake the resulting security audit report public and transmit it to the supervisory body. In the event that the audit may contain confidential business information, the publication of sensitive sections may be delayed by the supervisory body, but for no more than one year.
Amendment 311 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Without prejudice to paragraph 1, the supervisory body may at any time audit the qualified trust service providers to confirm that they and the qualified trust services provided by them still meet the conditions set out in this Regulation, either on its own initiative or in response to a request from the Commission. The supervisory bodytrust service provider shall inform the data protection authorities of the results of its audits, in case personal data protection rules appear to have been breached.
Amendment 314 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The supervisory body shall have the power to issue binding instructions to qualified trust service providers to remedy any failure to fulfil the requirements indicated in the security audit report. Such instructions shall be published.
Amendment 315 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 317 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 318 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 320 #
2012/0146(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 337 #
2012/0146(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 341 #
Amendment 356 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. A qualifiedn electronic signature shall have the equivalent legal effect of a handwritten signature. In particular, a forged signature shall be null and void. The risk of determining whether a signature is forged shall fall on the relying party.
Amendment 361 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 362 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 364 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 366 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 367 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 7
Article 20 – paragraph 7
Amendment 370 #
2012/0146(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 375 #
2012/0146(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 378 #
2012/0146(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Qualified eElectronic signature creation devices may be certified by appropriate public or private bodies designated by Member States provided that they have been submitted to a security evaluation process carried out in accordance with one of the standards for the security assessment of information technology products included in a list that shall be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). The Commission shall publish those acts in the Official Journal of the European Union.
Amendment 379 #
2012/0146(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Publication of a list of certified qualified electronic signature creation devices
Amendment 380 #
2012/0146(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall notify to the Commission without undue delay, information on qualified electronic signature creation devices which have been certified by the bodies referred to in Article 23. They shall also notify to the Commission, without undue delay, information on electronic signature creation devices that would no longer be certified.
Amendment 382 #
2012/0146(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. On the basis of the information received, the Commission shall establish, publish and maintain a list of certified qualified electronic signature creation devices.
Amendment 383 #
2012/0146(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 384 #
2012/0146(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 386 #
2012/0146(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 389 #
2012/0146(COD)
Proposal for a regulation
Article 27
Article 27
Amendment 391 #
2012/0146(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 400 #
2012/0146(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 407 #
2012/0146(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 411 #
2012/0146(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 413 #
2012/0146(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 414 #
2012/0146(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 417 #
2012/0146(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 423 #
2012/0146(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 424 #
2012/0146(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 426 #
2012/0146(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 429 #
2012/0146(COD)
Proposal for a regulation
Chapter III a (new)
Chapter III a (new)
Chapter IIIa Standardisation Article 37a Mechanism for adoption of technological requirements (1) Where provisions of this Regulation can be implemented only by requiring specific technical features in electronic authentication or identification schemes, Member States shall inform the Commission in accordance with the procedure provided for by Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services. (2) The elaboration of technical requirements, specifications and standards shall further be subjected to the review mechanisms incorporated in Directive 1999/5/EC and Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications.
Amendment 431 #
2012/0146(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8(3), 13(5), 15(5), 16(5), 18(5), 20(6), 21(4), 23(3), 25(2), 27(2), 28(6), 29(4), 30(2), 31, 35(313(5) and 37(315(5) shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.
Amendment 432 #
2012/0146(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The delegation of power referred to in Articles 8(3), 13(5), 15(5), 16(5), 18(5), 20(6), 21(4), 23(3), 25(2), 27(2), 28(6), 29(4), 30(2), 31, 35(313(5) and 37(315(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 438 #
2012/0146(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Qualified cCertificates issued under Directive 1999/93/EC shall be considered as qualified certificates for electronic signatures under this Regulation until they expire, but for no more than five years from the entry into force of this Regulation.
Amendment 439 #
Amendment 442 #
Amendment 443 #
Amendment 445 #
Amendment 172 #
2012/0011(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Rapid technological developments and globalisation have brought new challenges for the protection of personal data. The scale of data sharing and collectiong has increased spectacularly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities. Individuals increasingly make personal information available publicly and globally. Technology has transformed both the economy and social life, and requires to furtherimproved legal safeguards which will facilitate the free flow of data within the Union and the transfer to third countries and international organisations, while ensuring an high level of the protection of personal data.
Amendment 175 #
2012/0011(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The objectives and principles of Directive 95/46/EC remain sound, but ithis has not prevented fragmentation in the way data protection is implemented across the Union, legal uncertainty and a widespread public perception that there are significant risks for the protection of individuals associated notably with online activity. Differences in the level of protection of the rights and freedoms of individuals, notably to the right to the protection of personal data, with regard to the processing of personal data afforded in the Member States may prevent the free flow of personal data throughout the Union and inevitably lead to breaches of the fundamental rights to privacy and data protection. These differences may therefore constitute an obstacle to the pursuit of economic activities at the level of the Union, distort competition and impede authorities in the discharge of their responsibilities under Union law. This difference in levels of protection is due to the existence of differences in the implementation and application of Directive 95/46/EC.
Amendment 176 #
2012/0011(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure consistent and high level of protection of individuals and to remove the obstacles to flows of personal data, the level of protection of the rights and freedoms of individuals with regard to the processing of such data should be equivalent in all Member States and identical where possible. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union.
Amendment 178 #
2012/0011(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Effective protection of personal data throughout the Union requires strengthening and detailing the rights of data subjects and the obligations of those who process and determine the processing of personal data, but also equivalent powers and technical and operational capacity for monitoring and ensuring compliance with the rules for the protection of personal data and equivalent sanctions for offenders in the Member States.
Amendment 180 #
2012/0011(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. TWhere demonstrably necessary and without undermining either protection of personal data or single market principles, to take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In addition, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 185 #
2012/0011(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law, nor does it cover the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/200145, or the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union.
Amendment 186 #
2012/0011(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The protection of individuals with regard to the processing of personal data by competent public authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, is subject of a specific legal instrument at Union level. Therefore, this Regulation should not apply to the processing activities for those purposes. However, data processed by public authorities under this Regulation when used for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties should be governed by the more specific legal instrument at Union level (Directive XX/YYY).
Amendment 187 #
2012/0011(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The liability limitations of the Directive on Electronic Commerce 2000/31/EC are horizontal in nature and therefore apply to relevant activities of all information society service providers. This Regulation establishes the rules for the processing of personal data while the Directive on Electronic Commerce sets out the conditions by which an information service provider is liable for third party infringements of the law. In the interest of legal certainty for European citizens and businesses, the clear and distinct roles of the two instruments need to be consistently respected. This Regulation should be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive.
Amendment 188 #
2012/0011(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to determine whether a processing activity can be considered to ‘'monitor the behaviour’' of data subjects, it should be ascertained whether individuals are tracked onwith the internet withntion to use, or potential of subsequent use of, data processing techniques which consist of applying a ‘'profile’ to an individual', particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes.
Amendment 189 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of protection should apply to any information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable taking full account of the technological "state of the art" and technological trends.
Amendment 192 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with one or more online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or, cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profi, or other unique identifiers. Since these identifiers leave traces and can be used to singles of the individuals and identify them. It follows that identification numbers, locationut natural persons, this Regulation should be applicable to processing involving such data, ounliness these identifiers or other specific factors as such need not necessarilydemonstrably do not relate to natural persons, such as for example the IP addresses of web servers and thus cannot be considered as 'personal data in all circumstances' as defined in Article 4(2).
Amendment 195 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitly by any appropriate method enabling a freely given specific and informed indication of the data subject's wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data. Silence or inactivityInformed consent should be facilitated insofar as possible by user-friendly information about the types of processing to be carried out. Silence, mere use of a service, or inactivity, such as not un- ticking pre-ticked boxes, should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject's consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 203 #
2012/0011(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes, conditions and means of processing through stable arrangements. This criterion should not depend whether the processing of personal data is actually carried out at that location; the presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute such main establishment and are therefore not determining criteria for a main establishment. The main establishment of the processor should be the place of its central administration in the Union.
Amendment 205 #
2012/0011(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data. To determine when an individual is a child, this Regulation should take over the definition laid down by the UN Convention on the Rights of the Child. No reference to child protection in this Regulation should be understood as an implicit instruction that protection of personal data of adults should be treated with less care than would have been the case if the reference was not included.
Amendment 210 #
2012/0011(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Where processing is based on the data subject's consent, the controller should have the burden of proving that the data subject has given the consent to the processing operation. In particular in the context of a written declaration on another matter, safeguards should ensure that the data subject is aware that and to what extent consent is given. To comply with the principle of data minimisation, this burden of proof should not be understood as requiring positive identification of data subjects unless necessary.
Amendment 211 #
2012/0011(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure free consent, it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment. Consent should also not provide a legal basis for data processing when the data subject has no access to different equivalent services. Default settings such as pre-ticked boxes, silence, or the simple use of a service do not imply consent. Consent can only be obtained for processing that is lawful and thus not excessive in relation to the purpose. Disproportional data processing cannot be legitimised though obtaining consent.
Amendment 217 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees’' personal data in the employment context, or where a controller has a substantial market power with respect to certain products or services and where these products or services are offered on condition of consent to the processing of personal data, or where a unilateral and non- essential change in terms of service gives a data subject no option other than accept the change or abandon an online resource in which they have invested significant time. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 218 #
2012/0011(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Where processing is carried out in compliance with a legal obligation to which the controller is subject or where processing is necessary for the performance of a task carried out in the public interest or in the exercise of an official authority, the processing should have a legal basis in Union law, or in a Member State law which meets the requirements of the Charter of Fundamental Rights of the European Union for any limitation of the rights and freedoms. It is also for Union or national law to determine whether the controller performing a task carried out in the public interest or in the exercise of official authority should be a public administration or another natural or legal person governed by public law, or by private law such as a professional association.
Amendment 220 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 223 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 227 #
2012/0011(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Personal data which are, by their nature, particularly sensitive and vulnerable in relation to fundamental rights or privacy, deserve specific protection. Such data should not be processed, unless the data subject gives his explicit and informed consent. However, derogations from this prohibition should be explicitly provided for in respect of specific needs, in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms of the data subjects in question.
Amendment 229 #
2012/0011(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for historical, statistical and scientific research purposes.
Amendment 230 #
2012/0011(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) If the data processed by a controller do not permit the controller to identify a natural person, nothing in this Regulation may be construed by the data controller should not beas an obligedation to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation. In case of a request for access, the controller should be entitled to ask the data subject for further information to enable the data controller to locate the personal data which that person seeks. If it is possible for the data subject to provide such data, controllers should not be able to invoke a lack of information to refuse an access request.
Amendment 232 #
2012/0011(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Modalities should be provided for facilitating the data subject's exercise of their rights provided by this Regulation, including mechanisms to requestobtain, free of charge, in particular access to data, rectification, erasure and to exercise the right to object. The controller should be obliged to respond to requests of the data subject within a fixed deadline and give reasons, in case he does cannot comply with the data subject's request.
Amendment 234 #
2012/0011(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The information in relation to the processing of personal data relating to the data subject should be given to them at the time of collection, or, where the data are not collected from the data subject, within a reasonable period, depending on the circumstances of the case. Where data can be legitimately disclosed to another recipient according to the provisions of this Regulation, such as after the data subject's consent, the data subject should be informed when the data are first disclosed to the recipient.
Amendment 235 #
2012/0011(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) However, it is not necessary to impose this obligation where the data subject already disposes of this information, or where the recording or disclosure of the data is expressly laid down by law, or where the provision of information to the data subject proves impossible or would involve disproportionate efforts. The latter could be particularly the case where processing is for historical, statistical or scientific research purposes; in this regard, the number of data subjects, the age of the data, and any compensatory measures adopted may be taken into consideration.
Amendment 237 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what period, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular, such as in relation to the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 239 #
2012/0011(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The controller should use all reasonable measures to verify the idauthenticity of a data subject thataccess requests access, in particular in the context of online services and online identifiers. A controller should not retain personal data for the unique purpose of being able to react to potential requests.
Amendment 240 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulationerased. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data shouldmay be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 241 #
2012/0011(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) To strengthen the ‘'right to be forgotten’erasure' in the online environment, ithe right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform third parties which are processing such data that aof the data subject's requests them to erase any links to, or copies or replications of that personal data. To ensure this information, the controller should take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible. In relation to a third party publication of personal data, t for erasure. The controller should be considered responsible for the publication, where the controller has authorised the publication by the third party.
Amendment 242 #
2012/0011(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) To further strengthen the control over their own data and their right of access, data subjects should have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain a copy of the data concerning them also in commonly used electronic format, to obtain, free of charge, a copy of the data concerning them also in an electronic, interoperable and structured format which is commonly used. The data subject should also be allowed to transmit those data, which they have provided, from one automated application, such as a social network, into another one. This should apply where the data subject providedProviders of information society services should not make the transfer of those data to the automated processing system, based on their consent or in the performance of a contramandatory for the provision of their services. Social networks should be encouraged as much as possible to store data in a way which permits efficient data portability for data subjects.
Amendment 243 #
2012/0011(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing in advance, free of charge and in a manner that can be easily and effectively invoked.
Amendment 245 #
2012/0011(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, any such measure should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child. Specifically, such processing should never, whether intentionally or not, lead to the discrimination of data subjects on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation. Given the risk of discrimination, such processing should not be used in order to predict very rare characteristics.
Amendment 247 #
2012/0011(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Restrictions on specific principles and on the rights of information, access, rectification and erasure or on the right to data portability, the right to object, measures based on profiling, as well as on the communication of a personal data breach to a data subject and on certain related obligations of the controllers may be imposed by Union or Member State law, as far as strictly necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or man made disasters, the prevention, investigation and prosecution of criminal offences or of breaches of ethics for regulated professions, other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or the protection of the data subject or the rights and freedoms of others. Those restrictions should be in compliance with requirements set out by the Charter of Fundamental Rights of the European Union, and by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Any such measure should be notified to the Data Protection Board for an opinion which, if negative, should result in a referral to the Commission with view to starting an infringement procedure before the European Court of Justice.
Amendment 248 #
2012/0011(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Comprehensive responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established in order to ensure accountability. In particular, the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this Regulation. Otherwise unnecessary data processing may not be justified on the basis of the need to respect this obligation.
Amendment 249 #
2012/0011(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) The protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and organiszational measures are taken, both at the time of the design of the processing and its underlying technologies as well as at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by default. Data protection by design is the process by which data protection and privacy are integrated in the development of products and services through both technical and organisational measures. Data protection by default means that products and services are by default configured in a way that limits the processing and especially the disclosure of personal data. In particular, personal data should not be disclosed to an unlimited number of persons by default.
Amendment 251 #
2012/0011(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The present Regulation aims at encouraging enterprises to develop internal programmes that would identify the processing operations likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, and to put in place appropriate personal data protection safeguards and develop innovative data protection-by-design solutions and data protection enhancing techniques. Enterprises would then demonstrate publically and pro-actively their compliance with the provisions and spirit of this Regulation and thus increase the trust of the European citizens. Corporate accountability on personal data protection cannot however exempt an enterprise from any obligation laid down in this Regulation.
Amendment 255 #
2012/0011(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Where a controller not established in the Union is processing personal data of data subjects residing in the Union whose processing activities are related to the offering of goods or services to such data subjects, or to the monitoring their behaviour, the controller should designate a representative, unless the controller is established in a third country ensuring an adequate level of protection, or the controller is a small or medium sized enterprisen enterprise processing data on a small number of data subjects or a public authority or body or where the controller is only occasionally offering goods or services to such data subjects. The representative should act on behalf of the controller and may be addressed by any supervisory authority.
Amendment 259 #
2012/0011(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In order to maintain security and to prevent processing in breach of this Regulation, the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks. These measures should ensure an appropriate level of security, taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected. When establishing technical standards and organisational measures to ensure security of processing, the Commission should promote technological neutrality, interoperability and innovation should be promoted, and, where appropriate, cooperate with third countries should be encouraged.
Amendment 264 #
2012/0011(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Directive 2002/58/EC sets out personal data breach notification obligations for the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Union. Where providers of publicly available electronic communications services provide other services, they are subject to the breach notification obligations of this Regulation.
Amendment 266 #
2012/0011(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Associations or other bodies representing categories of controllers should be encouraged to draw up codes of conduct, within the limits of this Regulation, so as to facilitate the effective application of this Regulation, taking account of the specific characteristics of the processing carried out in certain sectors. Such codes should make compliance easier for industry.
Amendment 267 #
2012/0011(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms, data protection seals and marks should be encouraged, allowing data subjects to quickly, reliably and verifiably assess the level of data protection of relevant products and services.
Amendment 270 #
2012/0011(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer of personal data including appropriate safeguards for the data subjects ensuring an equivalent level of protection for the fundamental rights of citizens.
Amendment 271 #
2012/0011(COD)
Proposal for a regulation
Recital 80
Recital 80
(80) The Commission may decide with effect for the entire Union that certain third countries, or a territory or a processing sector within a third country, or an international organisation, offer an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third countries or international organisations which are considered to provide such level of protection. In these cases, transfers of personal data to these countries may take place without needing to obtain any further authorisation. The Commission may also decide, having given notice and a complete justification to the third country, to revoke such a decision.
Amendment 272 #
2012/0011(COD)
Proposal for a regulation
Recital 82
Recital 82
Amendment 273 #
2012/0011(COD)
Proposal for a regulation
Recital 83
Recital 83
Amendment 275 #
2012/0011(COD)
Proposal for a regulation
Recital 87
Recital 87
(87) These derogations should in particular apply to data transfers required and necessary for the protection of important grounds of public interest, for example in cases of international data transfers between competition authorities, tax or customs administrations, financial supervisory authorities, between services competent for social security matters, or to competent authorities for the prevention, investigation, detection and prosecution of criminal offences. Transferring personal data for such important grounds of public interest should only be used for occasional transfers. In each and every case, a careful assessment of all circumstances of the transfer needs to be carried out.
Amendment 276 #
2012/0011(COD)
Proposal for a regulation
Recital 88
Recital 88
Amendment 277 #
2012/0011(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) In any case, where the Commission has taken no decision on the adequate level of data protection in a third country, the controller or processor should make use of solutions that provide data subjects with a legally binding guarantee that they will continue to benefit from the fundamental rights and safeguards as regards processing of their data in the Union once this data has been transferred. This guarantee will include financial indemnification in cases of loss or unauthorised access or processing of the data and an obligation, regardless of local legislation, to provide full details of all access to the data by public authorities in the third country.
Amendment 278 #
2012/0011(COD)
Proposal for a regulation
Recital 90
Recital 90
(90) Some third countries enact laws, regulations and other legislative instruments which purport to directly regulate data processing activities of natural and legal persons under the jurisdiction of the Member States. The extraterritorial application of these laws, regulations and other legislative instruments mayust, by default, be considered to be in breach of international law and may impede the attainment of the protection of individuals guaranteed in the Union by this Regulation. . Transfers should only be allowed where the conditions of this Regulation for a transfer to third countries are met. This may inter alia be the case where the disclosure is necessary for an important ground of public interest recognised in Union law or in a Member State law to which the controller is subject. The conditions under which an important ground of public interest exists should be further specified by the Commission in a delegated act. The mere existence of legislation in a country which would even theoretically, regardless of its application, permit extra-territorial access to European citizens' data, is a sufficient reason to revoke recognition of adequacy of that data protection regime or any equivalent bilateral arrangement of that country.
Amendment 280 #
2012/0011(COD)
Proposal for a regulation
Recital 92
Recital 92
(92) The establishment of supervisory authorities in Member States, exercising their functions with complete independence, is an essential component of the protection of individuals with regard to the processing of their personal data. Member States may establish more than one supervisory authority, to reflect their constitutional, organisational and administrative structure. Independence shall be understood as not having direct or indirect political involvement in selection of leadership and having adequate financial personal and legal resources to carry out its role fully.
Amendment 281 #
2012/0011(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) Each supervisory authority should be provided with the adequate financial and human resources, paying particular attention to ensuring adequate technical skills of staff, premises and infrastructure, which is are necessary for the effective performance of their tasks, including for the tasks related to mutual assistance and co-operation with other supervisory authorities throughout the Union.
Amendment 282 #
2012/0011(COD)
Proposal for a regulation
Recital 95
Recital 95
(95) The general conditions for the members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members should be either appointed by the parliament or the government of the Member State taking due care to minimise the possibility of political interference, and include rules on the personal qualification of the members, the avoidance of conflicts of interest and the position of those members.
Amendment 284 #
2012/0011(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors. When carrying out these activities, this supervisory authority should take appropriate steps to cooperate with its counterparts in other Member States where there are data subjects likely to be affected by the processing operations, involving the European Data Protection Board where appropriate, including by carrying out joint investigations. Appropriate mechanisms should be put in place to ensure that smaller supervisory authorities have the financial, administrative and human resources capacity to deal with any extra burdens that this places on them.
Amendment 286 #
2012/0011(COD)
Proposal for a regulation
Recital 98 a (new)
Recital 98 a (new)
(98a) Where such processing is the subject of a complaint lodged by a data subject, the competent authority, providing such one-stop shop, should be the supervisory authority of the Member State in which the data subject has its main residence. Where data subjects lodge similar complaints against such processing with supervisory authorities in different Member States, the competent authority should be the first seized.
Amendment 287 #
2012/0011(COD)
Proposal for a regulation
Recital 104
Recital 104
(104) Each supervisory authority should have the right to participate in joint operations between supervisory authorities. The requested supervisory authority should be obliged to respond to the request in a defined time period. The European Data Protection Board should be able to coordinate such activities, where the concerned supervisory authorities so wish. Each supervisory authority should have the right to participate in joint operations between supervisory authorities. The requested supervisory authority should be obliged to respond to the request in a defined time period.
Amendment 289 #
2012/0011(COD)
Proposal for a regulation
Recital 107
Recital 107
(107) In order to ensure compliance with this Regulation, the Commission may adopt an opinion on this matter, or in urgent cases a decision, requiring the supervisory authority to suspend its draft measure.
Amendment 290 #
2012/0011(COD)
Proposal for a regulation
Recital 110
Recital 110
(110) At Union level, a European Data Protection Board should be set up. It should replace the Working Party on the Protection of Individuals with Regard to the Processing of Personal Data established by Directive 95/46/EC. It should consist of a head of a supervisory authority of each Member State and of the European Data Protection Supervisor. The Commission should participate in its activities. The European Data Protection Board should contribute to the consistent application of this Regulation throughout the Union, including by advising the Commissinstitutions of the European Union and promoting co-operation of the supervisory authorities throughout the Union, including the coordination of joint operations. The European Data Protection Board should act independently when exercising its tasks.
Amendment 291 #
2012/0011(COD)
Proposal for a regulation
Recital 118
Recital 118
(118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes that the balance of fault is on the part of the data subject or in case of force majeure.
Amendment 293 #
2012/0011(COD)
Proposal for a regulation
Recital 121
Recital 121
(121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘"journalistic’" for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the analysis and disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.
Amendment 294 #
2012/0011(COD)
Proposal for a regulation
Recital 121 a (new)
Recital 121 a (new)
(121a) This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
Amendment 296 #
2012/0011(COD)
Proposal for a regulation
Recital 126
Recital 126
(126) Scientific research for the purposes of this Regulation should include fundamental research, applied research, and privately funded research in the meaning of Article 13 of the Charter of Fundamental Rights of the European Union and in addition should take into account the Union's objective under Article 179(1) of the Treaty on the Functioning of the European Union of achieving a European Research Area. It should not include market research.
Amendment 310 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 311 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 320 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Subject to the rules in this Regulation, the European Parliament and the Council, and the Commission where this is provided for in this Regulation, may adopt specific rules further clarifying the rules in this Regulation with regards to specific areas or to processing by specific entities. Within a period of one year from the coming into force of this Regulation, the European Parliament and the Council shall adopt such specific subsidiary rules with regard to the processing of personal data by: (a) by providers of publicly available electronic communications services, both generally and as concerns the preservation of communications data for purposes of law enforcement; (b) by the Union institutions, bodies, offices and agencies.
Amendment 322 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the offering of goods or services to such data subjects in the Union, irrespective of whether a payment of the data subject is required; or
Amendment 323 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number or other unique identifier, location data, online identifier or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person;
Amendment 332 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3a) 'profiling' means any form of automated processing intended to evaluate, or generate data about, aspects relating to natural persons or to analyse or predict a natural person's performance at work, economic situation, location, health, preferences, reliability, behaviour or personality;
Amendment 343 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘'personal data breach’' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Amendment 348 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
(13) ‘'main establishment’' means as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and means of the processing of personal data are taken or the place of its establishment which exercises dominant influence over other establishments of the controller; if no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities of an establishment of a controller in the Union take place. As regards the processor, ‘'main establishment’' means the place of its central administration in the Union;
Amendment 369 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 370 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller in adequacy with points (a) to (e) of the same paragraph, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 386 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In the case referred to in point (f) of paragraph 1, the controller shall inform the data subject about this explicitly and separately. The controller shall also publish the reasons for believing that its interests override the interests or fundamental rights and freedoms of the data subject.
Amendment 387 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 389 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 392 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The controller shall in all cases bear the burden of proof for the data subject's purpose-specific, informed and explicit consent to the processing of their personal data for specified purposes.
Amendment 394 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The freely given specific, informed and explicit consent of the data subject for the processing of his/her personal data cannot be differentiated or categorised according to the type of the personal data in question.
Amendment 398 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal of consent terminates the relationship with the controller.
Amendment 402 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 406 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 409 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or philosophical beliefs, trade-union membership, and the processing of genetic data or data concerning health or sex life or criminal convictions, criminal offences and matters which have not led to a conviction, or related security measures shall be prohibited.
Amendment 412 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the data subject has given consent to the processing of those personal data, subject to the conditions laid down in Articles 7 and 8, except where Union law or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; or
Amendment 414 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law providing for adequate safeguards for the fundamental rights and the interests of the data subject; or
Amendment 416 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) processing is necessary for the performance of a task carried out in the public interest, on the basis of Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's fundamental rights and legitimate interests; or
Amendment 422 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions, criminal offences and matters which have not led to a conviction, or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards for the fundamental rights of the data subject. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 425 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 433 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller to identify a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 442 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 445 #
2012/0011(COD)
Proposal for a regulation
Article 13
Article 13
The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
Amendment 446 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the specific purposes of the processing for which the personal data are intended as well as information regarding the actual processing of personal data, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller, as well as the reasons why the controller thinks that this interest overrides the interests or fundamental rights and freedoms of the data subject, where the processing is based on point (f) of Article 6(1);
Amendment 447 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the period for which the personal data will be stored, when it is feasible to name a precise period;
Amendment 453 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the right to lodge a complaint to the supervisory authority and the contact details ofs well as the information needed to contact the supervisory authority;
Amendment 454 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the recipients or categories of recipients of the personal data;
Amendment 455 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point g a (new)
Article 14 – paragraph 1 – point g a (new)
(ga) where the controller processes personal data as described in Article 20(1), information about the existence of processing for a measure of the kind referred to in Article 20(1) and the intended effects of such processing on the data subject;
Amendment 456 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point g b (new)
Article 14 – paragraph 1 – point g b (new)
(gb) information regarding specific security measures taken to protect personal data;
Amendment 457 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
(h) any furtheradditional information necessary to guarantee fair processing ion respectbehalf of the data subject, havtaking regard tointo account the specific circumstances in which the personal data are collected.
Amendment 459 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate, except where the data originates from a publicly available source.
Amendment 465 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. The Commission mayshall lay down standard forms for providing the information referred to in paragraphs 1 to 3, taking into account the specific characteristics and needs of various sectors and data processing situations where necessary, as well as the needs of the relevant stakeholders, including the possible use of layered notices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 466 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from the controller at any time, on request, in clear and plain language, confirmation as to whether or not personal data relating to the data subject are being processed, and as to whether the controller takes measures in respect of the data subject that are based on profiles as referred to in Article 20(1). This shall also apply to data which only permit singling out, where the data subject can verifiably authentify him/herself. Where such personal data are being processed, and/or such measures are taken, the controller shall provide the following information:
Amendment 468 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) the recipients or categories of recipients to whom the personal data are to be or have been disclosed, in particular tocluding all recipients in third countries;
Amendment 471 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point f
Article 15 – paragraph 1 – point f
(f) the right to lodge a complaint to the supervisory authority and the contact detailsinformation of the supervisory authority;
Amendment 473 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h a (new)
Article 15 – paragraph 1 – point h a (new)
(ha) in the case of measures based on profiles, meaningful information about the logic about the logic used in the profiling;
Amendment 474 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h b (new)
Article 15 – paragraph 1 – point h b (new)
Amendment 478 #
2012/0011(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The data subject shall haves the right to obtain from the controller the rectification of personal data relating to them which are inaccurate. The data subject shall haves the right to obtain completion of incomplete personal data, including by way of supplementing a corrective statement.
Amendment 479 #
Amendment 482 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The data subject shall haves the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data, especiallyincluding in relation to personal data which are made available by the data subject while he or she was a child, where one of the following grounds applies:
Amendment 484 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the storage period consented to has expired, and where there isare no other legal grounds for the processing of the data;
Amendment 490 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 494 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The controller shall carry out the erasure without delay and regardless of the effort required, except to the extent that the retention of the personal data is necessary:
Amendment 498 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
(d) for compliance with a legal obligation to retain the personal data by Union or Member State law to which the controller is subject; Member State laws shall meet an objective ofrequire justification with respect to the public interest, respect the essencprinciple of the right to the protection of personal data and be proportionate to the legitimate aim pursued;
Amendment 504 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall haves the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic, interoperable and structured format which is commonly used and allows for further use by the data subject.
Amendment 507 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn.
Amendment 509 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. This right is without prejudice to the obligation to delete data when they are no longer necessary under Article 5(e).
Amendment 517 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall haves the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (fe) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
Amendment 518 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where personal data are processed for direct marketing purposes or where processing is based on Article 6(1)(f), the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child, and shall be clearly distinguishable from other information.
Amendment 527 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right, both off-line and online, not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 535 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Subject to the other provisions of this Regulation, including paragraphs (3) and (4), a person may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
Amendment 538 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course ofnecessary for the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain humanincluding the right to be provided with meaningful information about the logic used in the profiling, and the right to obtain human intervention, including an explanation of the decision reached after such intervention; or
Amendment 541 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests, and which protects the data subjects against possible discrimination resulting from measures described in paragraph 1; or
Amendment 545 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards, including effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 550 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely oninclude or generate any data that fall under the special categories of personal data referred to in Article 9, except when falling under the exceptions listed in Article 9(2).
Amendment 551 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited.
Amendment 552 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3b. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be used to identify or individualise children.
Amendment 555 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 and 15 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject, as well as the access to the logic underpinning the data undergoing processing.
Amendment 560 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. TWithin six months of the coming into force of this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's' legitimate interests referred to in paragraph 2. The Commission shall consult representatives of data subjects and the Data Protection Board on its proposals before issuing them.
Amendment 561 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 and Articles 11 to 2019 and Article 32, when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard:
Amendment 564 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) other important public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters and the protection of market stability and integrity;
Amendment 565 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
Amendment 567 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 must comply with the standards of necessity and proportionality and shall contain specific provisions at least as to: (a) the objectives to be pursued by the processing and; (b) the determination of the controller; (c) the specific purposes and means of processing; (d) the categories of persons authorised to process the data; (e) the procedure to be followed for the processing; (f) the safeguards against any arbitrary interferences by public authorities; (g) the right of data subjects to be informed about the restriction.
Amendment 569 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Legislative measures referred to in paragraph 1 shall not impose obligations on private controllers to retain data additional to those strictly necessary for the original purpose.
Amendment 570 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. Legislative measures referred to in paragraph 1 shall be notified to the European Data Protection Board for opinion. If the European Data Protection Board considers that the notified measure does not comply with the requirements of paragraph 2, it shall inform the Commission. The Commission shall then consider launching the procedure established under Article 258 of the Treaty on the Functioning of the European Union.
Amendment 581 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant toas stated by Article 34(1) and (2);
Amendment 585 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) establishing and documenting the measures referred to in Article 11.
Amendment 587 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. The controller shall make public a summary of the measures referred to in paragraphs 1 and 2.
Amendment 590 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures referred to in paragraph 1 other than those already referred to in paragraph 2, the conditions for the verification and auditing mechanisms referred to in paragraph 3 and as regards the criteria for proportionality under paragraph 3, and considering specific measures for micro, small and medium-sized-enterprises.
Amendment 591 #
2012/0011(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Data protection by designfault and by defaultsign
Amendment 593 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject. This shall include both: (a) technical measures relating to the technical design and architecture of the product or service; and (b) organisational measures which relate to operational policies of the controller. Where a controller has carried out a data protection impact assessment pursuant to Article 33, the results of this shall be taken into account when developing the measures referred to in points (a) and (b) of this paragraph.
Amendment 599 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. This shall be ensured using technical and/or organisational measures, as appropriate. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals and that data subjects can control the distribution of their personal data.
Amendment 605 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraph 1 and 2, in particular for the requirements of data protection by design requirementsthat are applicable across sectors, products and services.
Amendment 608 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The Commission may lay downspecify technical standards for the requirements laid down in paragraphs 1 and 2. ThoseSuch implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 611 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point a
Article 25 – paragraph 2 – point a
Amendment 612 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 personprocessing personal data relating to less than 250 data subjects; or
Amendment 613 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The designation of a representative by the controller shall be without prejudice to legal actions which could be initiated taken against the controller itself.
Amendment 634 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h a (new)
Article 26 – paragraph 2 – point h a (new)
(ha) take into account the principle of data protection by design.
Amendment 638 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 648 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c
Article 28 – paragraph 2 – point c
(c) the purposes of the processing, including the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 657 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 personprocessing personal data relating to less than 250 data subjects that is processing personal data only as an activity ancillary to its main activities.
Amendment 667 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The controller and the processor shall, following an evaluation of the risks, take the measures referred to in paragraph 1 to protect personal data against accidental or unlawful destruction or accidental loss and to prevent any unlawful forms of processing, in particular any unauthorised disclosure, dissemination or access, or alteration of personal data. Where a controller has carried a data protection impact assessment pursuant to Article 33, the results of this assessment shall be taken into account in the evaluation of the risks.
Amendment 680 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 683 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely or seriously affect the protection of the personal data or privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delay.
Amendment 684 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (ba) andto (ce) of Article 31(3).
Amendment 688 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Commission shall be empowered to adopt, after consulting the European Data Protection Board, delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements as to the circumstances in which a personal data breach is likely to adversely affect the personal data referred to in paragraph 1.
Amendment 698 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual, including any further processing operation of the kind referred to in Article 20(1) of this Regulation;
Amendment 701 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) information on sex life, health, race and ethnic origin or for the provision of health care, epidemiological researches, or surveys of mental or infectious diseases, where the data are processed for taking measures or decisions regarding specific individuals on a large scale;
Amendment 702 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) monitoring publicly accessible areas, especially when using optic-electronic devices (video surveillance) on a large scale;
Amendment 703 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point d
Article 33 – paragraph 2 – point d
(d) personal data in large scale filing systems on children, genetic data or biometric data;
Amendment 705 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, including in particular the risk of discrimination being embedded in or reinforced by the operation, the measures envisaged to address the risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of data subjects and other persons concerned.
Amendment 708 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. The controller shall seekinquire for the views of data subjects or their representatives on the intended processing, without prejudice to the protection of commercial or public interests or the security of the processing operations.
Amendment 714 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
7. TSubject to the previous provisions, within six months of the coming into force of this Regulation, the Commission mayshall specify standards and procedures for carrying out and verifying and auditing the assessment referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 717 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects: (a) where a controller performs any processing operation of the kind referred to in Article 20(1) of this Regulation in relation to minors; (b) where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) o; (c) where a controller does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation; (d) where a controller or processor transfers personal to a third country or an international organisation based on the derogations in Article 44; (e) where a controller performs processing operations referred to in Article 81(3) or Article 83(3).
Amendment 722 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The controller or processor acting on the controller's behalf shall consult the supervisory authority prior to the processing of any personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 723 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point a
Article 34 – paragraph 2 – point a
(a) a data protection impact assessment as provided for in Article 33 indicates that processing operations are by virtue of their nature, their scope or their purposes, likely to present a high degree of specific risks, including in particular the risk that the operations may have a discriminatory impact; or
Amendment 724 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point a a (new)
Article 34 – paragraph 2 – point a a (new)
(aa) The supervisory authority shall seek the views of representatives of the data subjects and of the Data Protection Board on the intended processing;
Amendment 728 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
(3a) Where the supervisory authority is of the opinion that the intended processing may pose a risk of discriminatory treatment of data subjects, it shall order that the actual effects of the processing shall be monitored for such effects, and that it shall be provided with all the necessary information to assess this, at regular intervals.
Amendment 736 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or moreprocessing personal data relating to more than 250 data subjects a year; or
Amendment 756 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design, and data protection by default and data security and toccording to Article 23, data security according to Articles 30 to 32, and the information of data subjects and their requests in exercising their rights according to Articles 11 to 20 under this Regulation;
Amendment 757 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point d
Article 37 – paragraph 1 – point d
(d) to ensure that the full documentation referred to in Article 28 is maintained;
Amendment 758 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point e
Article 37 – paragraph 1 – point e
(e) to monitorsupervise the documentation, notification and communication of personal data breaches pursuant to Articles 31 and 32;
Amendment 759 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point g
Article 37 – paragraph 1 – point g
(g) to monitorsupervise the response to requests from the supervisory authority, and, within the sphere of the data protection officer's competence, co-operating with the supervisory authority at the latter's request or on the data protection officer's own initiative;
Amendment 764 #
2012/0011(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation may only take place if,shall be prohibited unless subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation.
Amendment 766 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any further authorisation. Such decisions shall not affect the level of protection under this Regulation.
Amendment 767 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
(a) the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, as well as the implementation of this legislation, the professional rules and security measures which are complied with in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 768 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point a a (new)
Article 41 – paragraph 2 – point a a (new)
(aa) The Commission shall request the European Data Protection Board to provide an opinion on the adequacy of the level of protection. To this end, the Commission shall provide the European Data Protection Board with all necessary documentation, including correspondence with the government of the third country or the international organisation;
Amendment 769 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. The Commission may decide that a third country, or a territory or a processing sector within that third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2, taking the opinion of the European Data Protection Board into utmost account. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 770 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 4 a (new)
Article 41 – paragraph 4 a (new)
(4a) The Commission shall, on an ongoing basis, monitor developments that could affect the fulfilment of the elements listed in paragraph 2 in third countries and international organisations concerning which a decision pursuant to paragraph 3 has been adopted.
Amendment 771 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 4 b (new)
Article 41 – paragraph 4 b (new)
(4b) If the Commission has grounds to believe, either because of the monitoring pursuant to paragraph 4a or any other source, that a country or international organisation concerning which a decision pursuant to paragraph 3 has been adopted no longer provides an adequate level of protection within the meaning of paragraph 2, it shall review this decision.
Amendment 773 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be prohibited, without prejudice to Articles 42 tounless it is subject to adequate safeguards pursuant to Articles 42 or falls under the derogations in Article 44. At the appropriate time, the Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation resulting from the Decision made pursuant to paragraph 5 of this Article.
Amendment 776 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 41, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument. These safeguards shall, at least, guarantee the observance of the principles of personal data processing as established in Article 5 and guarantee data subject rights as established in Chapter III.
Amendment 783 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 785 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article tThe controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the supervisory authority for transfers according to this Article. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57.
Amendment 789 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument, the controller or processor shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.
Amendment 792 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) expressly confer enforceable rights on data subjects and are transparent for data subjects;
Amendment 794 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point d
Article 43 – paragraph 2 – point d
(d) the general data protection principles, in particular purpose limitation, data minimisation, limited retention periods, data quality, legal basis for the processing, processing of sensitive personal data; measures to ensure data security; and the requirements for onward transfers to organisations which are not bound by the policies;
Amendment 795 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this Article, in particular as regards the criteria for their approval, including transparency for data subjects, the application of points (b), (d), (e) and (f) of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned.
Amendment 797 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point g
Article 44 – paragraph 1 – point g
(g) the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest, to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case; or and the controller or processor has obtained prior authorisation for the transfer or set of transfers by the supervisory authority in accordance with Article 34;
Amendment 798 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point h
Article 44 – paragraph 1 – point h
Amendment 800 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 801 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Points (b), (c) and (hc) of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers.
Amendment 802 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The public interest referred to in point (d) of paragraph 1 must be recognised in Union law or in the law of the Member State to which the controller is subject. This derogation shall only be used for occasional transfers. In each and every case, a careful assessment of all circumstances of the transfer needs to be carried out.
Amendment 803 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
Amendment 804 #
2012/0011(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44 a Disclosures not authorised by Union law 1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognised or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State. 2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (d) of Article 34(1). 3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 44. 4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority. 5. The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 807 #
2012/0011(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the Member State concerned.
Amendment 813 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 1 – point j a (new)
Article 52 – paragraph 1 – point j a (new)
(ja) develop guidelines on the use of enforcement powers, where necessary coordinated at the level of the European Data Protection Board.
Amendment 821 #
2012/0011(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. In cases where data subjects in several Member States are likely to be affected by processing operations, a supervisory authority of each of those Member States shall have the right to participate in the joint investigative tasks or joint operations, as appropriate. The competent supervisory authority shall invite the supervisory authority of each of those Member States to take part in the respective joint investigative tasks or joint operations and respond to the request of a supervisory authority to participate in the operations without delay.
Amendment 831 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point f a (new)
Article 58 – paragraph 2 – point f a (new)
(fa) permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3). permits processing for research purposes in accordance with Article 81(3) and/or Article 83(3).
Amendment 834 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. The chair of the European Data Protection Board shall immediatwithout undue delay electronically inform the members of the European Data Protection Board and the Commission of any relevant information which has been communicated to it, using a standardised format. The chair of the European Data Protection Board shall provide translations of relevant information, where necessary.
Amendment 836 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 7
Article 58 – paragraph 7
7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within one week after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within onetwo months by simple majority of the members of the European Data Protection Board. The chair of the European Data Protection Board shall inform, without undue delay, the supervisory authority referred to, as the case may be, in paragraphs 1 and 3, the Commission and the supervisory authority competent under Article 51 of the opinion and make it public.
Amendment 839 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Where the Commission has adopted an opinion in accordance with paragraph 1, the supervisory authority concerned shall take utmost account of the Commission's opinion and inform the Commission and the European Data Protection Board whether it intends to maintain or amend its draft measure.
Amendment 844 #
2012/0011(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 – point a
Article 62 – paragraph 1 – subparagraph 1 – point a
Amendment 846 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point a
Article 66 – paragraph 1 – point a
(a) advise the CommissEuropean Institutions on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Regulation;
Amendment 848 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point e
Article 66 – paragraph 1 – point e
(e) promote the co-operation and the effective bilateral and multilateral exchange of information and practices between the supervisory authorities, including the coordination of joint operations and other common activities, where it so decides upon request of one or several supervisory authorities;
Amendment 853 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred or when it considers that a controller has breached its obligations under Article 23.
Amendment 856 #
2012/0011(COD)
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Proceedings against a controller or a processor shall becan be whether brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought, or before the courts of the Member State where the data subject has its habitual residence, unless the controller is a public authority of a Member State acting in the exercise of its public powers.
Amendment 859 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74, 75 and 757 on behalf of one or more data subjects.
Amendment 860 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damagemonetary damage or non-monetary damages such as distress or time loss as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 863 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage. In the case of a group of undertakings, the entire group shall be liable as a single economic entity.
Amendment 876 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory part
Article 79 – paragraph 6 – introductory part
6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise up to 25 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 877 #
2012/0011(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expressionwhenever this is necessary in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
Amendment 879 #
2012/0011(COD)
Proposal for a regulation
Article 80 – paragraph 1 a (new)
Article 80 – paragraph 1 a (new)
(1a) The European Data Protection Board shall issue guidance on when such exemptions or derogations may be necessary, after consultation with representatives of the press, authors and artists, data subjects and relevant civil society organisations.
Amendment 880 #
2012/0011(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80 a Processing of personal data and the principle of public access to official documents Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation regarding public access to official documents, which reconciles the right to the protection of personal data with the principle of public access to official documents.
Amendment 882 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 1 – introductory part
Article 81 – paragraph 1 – introductory part
1. Within the limits ofout prejudice to this Regulation and in accordance with point (h) of Article 9(2), processing of personal data concerning health must be on the basis of Union law or Member State law which shall provide for suitable and specific measures to safeguard the data subject's legitimate interests, and be necessary for:
Amendment 891 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data not falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research purposes only if:
Amendment 898 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point a a (new)
Article 83 – paragraph 1 – point a a (new)
(aa) Subject only to the exception in paragraph (3), data falling within the categories of data covered by Articles 8 and 9 of the Regulation may be processed for historical, statistical or scientific research only with the consent of the data subjects, given in accordance with Article 4(8).
Amendment 900 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point b a (new)
Article 83 – paragraph 1 – point b a (new)
(ba) Member States may by law provide for exceptions to the requirement of consent for research, stipulated in paragraph (2), with regard to research that serves exceptionally high public interests, if that research cannot possibly be carried out otherwise. The data in question shall be anonymised or pseudonymised to the highest possible standards, and all possible measures shall be taken to prevent re-identification of the data subjects. Such processing shall be subject to prior authorisation of the relevant national supervisory authority or authorities, in accordance with Article 34(1) of this Regulation, and to the Consistency Mechanism provided for in Chapter VII, Section 2, of this Regulation.
Amendment 904 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 – introductory part
Article 83 – paragraph 2 – introductory part
2. Bodies conducting historical, statistical or scientific research may publish or otherwise publicly disclose personal data only if:with the consent of the data subjects, given in accordance with Article 4(8).
Amendment 908 #
2012/0011(COD)
Proposal for a regulation
Article 83 a (new)
Article 83 a (new)
Amendment 909 #
2012/0011(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. Within the limits ofout prejudice to this Regulation, Member States may adopt specific rules to set out the investigative powers by the supervisory authorities laid down in Article 53(2) in relation to controllers or processors that are subjects under national law or rules established by national competent bodies to an obligation of professional secrecy or other equivalent obligations of secrecy, where this is necessary and proportionate to reconcile the right of the protection of personal data with the obligation of secrecy. These rules shall only apply with regard to personal data which the controller or processor has received from or has obtained in an activity covered by this obligation of secrecy.
Amendment 912 #
2012/0011(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment ofbe subject to supervision by an independent supervisory authority in accordance with Chapter VI of this Regulation.
Amendment 16 #
2012/0000(RSP)
Recital G a (new)
Ga. whereas the TA also contains far- reaching obligations for the Colombian and Peruvian governments to enact legislation concerning e-commerce and intellectual property rights with the risk of imposing limitations to the freedom of expression; notes the already existing concern that insufficient safe-guards in TAs cause detrimental development to, and a risk of criminalization of, freedom of speech in particularly Colombia;
Amendment 79 #
2012/0000(RSP)
Paragraph 17
17. Emphasises the importance of the principles of fair, just and transparent administrative and legal procedures in order to implement national labour laws, including strict labour inspections, as well as international Human Rights standards, in accordance with their international obligations; believes that fair, just and transparent administrative and legal procedures are also needed to ensure that no undue restrictions are put on communication or freedom of speech, which are very important for empowering citizens to themselves organize;
Amendment 1 #
2011/2313(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes thatAcknowledges the fragmentation of the on-line market, marked for example by technological barriers, complexity of licensing procedures, differences in methods of payment, cultural and language differences between Member Stateslack of interoperability for crucial elements such as eSignature and variations in certain taxes which apply to goods and services, necessitates; believes, therefore, that there is an actual need for a transparent, flexible and harmonised approach at European level in order to advance towards the digital single market; underlines that any proposed measures should take into account the reduction of the administrative burdens and transaction costs for licensing of content;
Amendment 10 #
2011/2313(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that greater attention should be given to improvinge the security of online distribution platforms, including online payments, and to combating the high levels of on-line piracy in the audiovisual sector, and suggests a comprehensive approach at EU level which should involve greater cooperation between rights-holders, online distribution platforms, and internet service providers and judicial and law enforcement authoritiesto facilitate user-friendly and competitive access to audiovisual content;
Amendment 2 #
2011/2284(INI)
Motion for a resolution
Recital A
Recital A
A. whereas information and communication technologies (ICT) are able to deploy their full capacity for advancing the economy and society only if users have trust and confidence in their safety and resilience, and if legislation on matters such as data privacy and intellectual property rights is enforced effectively in cyberspace;
Amendment 17 #
2011/2284(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls, in view of the inter-connected and highly interdependent, sensitive, strategic and vulnerable nature of national and EU CIIP, for the regular updating of minimum resilience standards to protect against any disruptions, incidents, destruction attempts or attacks, such as distributed denial of servicethose resulting from insufficiently robust infrastructure or insufficiently secured end-terminals;
Amendment 37 #
2011/2284(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Commission propose bindingUrges ENISA to propose measures designed to impose minimum standards and improve coordination among the national CERTs;
Amendment 58 #
2011/2284(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the primary driving force behind the development and use of technologies designed to increase internet security is the ICT industry; recalls that EU policies need to include the necessary incentives in order to exploit the potential of business and public-private partnerships to the full, recommends the investigation of further incentives for the industry to develop more robust operator security plans according to 2008/114/EC;
Amendment 14 #
2011/2202(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the year saw consolidation and further modernisation of the administration, with a stronger focus on core activities, restructuring of services, better use of modern technologies and increased interinstitutional cooperation which together ensured; that budgetary and staffing resources were used in thea mostre cost-effective way;
Amendment 18 #
2011/2202(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the adoption, by the Bureau, on 24 March 2010, of a medium-term ICT Strategy (and in particular the Knowledge Management System - KMS - forming part of it) and a medium-term building policy which both have a substantial financial dimension;
Amendment 19 #
2011/2202(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes however the significant carry- overs into 2010 (EUR 190 365 823), resulting to a large extent from the particular nature of the 2009 election year and calls for improved planning of expenditure taking this into account in the run up to future European elections;
Amendment 22 #
2011/2202(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that this overall high level of implementation is partly due to two targeted transfers made before the end of the financial year 2010 (EUR 9 240 000 for the purchase of a Europe House in Sofia and EUR 10 923 000 for four major IT projects); welcomes the fact that for the second time no mopping-up transfers took place between 2010 and 2011; encourages, however, its administration to pursue the objective of better and clearer budget planning and discipline in the future and notes that to put buildings, IT or any other important expenditure in the budget would provide morefull financial clarity;
Amendment 24 #
2011/2202(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Acknowledges as positive the reversed trend in 2010 (as compared to 2009 and previous years) in the number of exceptional negotiated procedures, as shown in the following breakdown:
Amendment 26 #
2011/2202(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Directorates General which still have high figures to further reduce the number/proportion of such procedures; calls on the Secretary-General to report on a six monthly basis to the Committee on Budgetary Control on progress made;
Amendment 29 #
2011/2202(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the Court of Auditors finding that the procedures in place in 2010, which did not require evidence of actual travel costs and which included cash payments to group leaders, presented a risk of overpayment and limited the possibility of applying internal controls to such payments, and welcomestakes note of the adoption of recent changes to this system; points out however that Members have still the option to request cash payment to groups of visitors; requests the Secretary-General to seek the opinion of the Court of Auditors on the amended rules;
Amendment 35 #
2011/2202(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes with satisfaction the promptness and extent of written answers in respect of the 2009 discharge resolution provided to the Committee on Budgetary Control on 6 October 2011 and the quality of the exchange of views between the Secretary- General and the Committee on Budgetary Control during the follow-up of the 2009 discharge exercise on 11 October 2011;
Amendment 36 #
2011/2202(DEC)
Motion for a resolution
Paragraph 24 – point i
Paragraph 24 – point i
(i) to propose arrangementstrict rules applicable to all Members to ensure that the General Expenditure allowance is transparent in all cases and that it is only used for the purposes for which it is intended (paragraph 6);
Amendment 40 #
2011/2202(DEC)
Motion for a resolution
Paragraph 24 – point ii
Paragraph 24 – point ii
(ii) to make a comprehensive evaluation covering changes in staff as well as the development of expenditure in all services concerned by the implementation of the new Statutes (of Members and of Assistants) and to forward this to its competent committees, together with an action plan and an assessment of thedirect and indirect financial implications for Parliament's budget for the coming 5 years, including the provision to be made for possible extra office space, removal and costs for renovations/ alterations (paragraph 7);
Amendment 42 #
2011/2202(DEC)
Motion for a resolution
Paragraph 24 – point v
Paragraph 24 – point v
(v) to report on the total amount of savings that were made including those as a result of further rationalisation of the missions between the three working places (paragraph 102);
Amendment 46 #
2011/2202(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Refers to its comments, contained in previous discharge resolutions, on internal audit reports; recognises that internal audit reports serve as tools for improvements in systems and performance, and can only be properly interpreted when changes and results are completed, based on their recommendations; notes however that future action and treatment of these reports by all institutions will depend on the outcome of negotiations concerning the ongoing review of the Financial Regulation, is however of the opinion that in order to guarantee a proper assessment from the Committee on Budgetary Control on Parliament's budget and expenditure the Members of this committee should have full access to the internal audit reports and that these reports should be published on time, together with the actions taken , on Parliament's website;
Amendment 51 #
2011/2202(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes with satisfaction that the Risk Manager took up his appointment on 1 June 2010 and reports directly to the Secretary-General; welcomes the publication on 16 December 2011 of a Risk Management Manual and reiterates its request that its competent committee receive the Risk Manager's annual activity report for 2010 and be kept informed of development in the implementation of Parliament's new risk management policy twice a year, during a committee meeting in the presence of the risk manager based on a report sent to the competent committee beforehand;
Amendment 55 #
2011/2202(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes a slight decrease in the budget devoted to security from EUR 45 980 000 to EUR 45 590 000 between 2009 and 2010 due to internalisation of certain parts of the security tasks ; welcomes the continued decreasing trend in the 2011 budget expenditure (final appropriations: EUR 42 830 000) compared to 2010 and the adoption by the Bureau in July 2011 of the Global Security Concept providing more modern and efficient security for Parliament; calls on the Secretary General to inform the Committee on Budgetary Control on the total costs of security including the expenses for internal parts of the security policy; suggests to the Secretary-General to perform a survey among the Members asking them if they are prepared to use their badge for entering and leaving the premises of the Parliament;
Amendment 60 #
2011/2202(DEC)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reiterates its request to the Secretary General to come forward, by 30 June 2012, with proposals for a more effective secure and fraudproof signing system (including considerations about opening hours for signing), and in particular for a possible future electronic signing system for Members both for signing documents (such as amendments) and for recording their presence by digital signature, even though it is aware that only minimal impact is to be expected in terms of costs or savings;
Amendment 66 #
2011/2202(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Recalls the political importance of delegations in Parliament´'s work inside and outside the Union, notes however the apparently wide disparity in total costs per Member per day (ranging from EUR 1 400 to EUR 5 300) on different delegations, particularly those outside the Union; calls on its Bureau, in collaboration with all DGs concerned, to consider principles for a more economic and uniform cost structure for delegation visits, in particular taking account of their political importance and duration, and the optimum ratio of Members to staff.; call on the Secretary- General to provide figures whereby the "individual" cost per Member per day and all other costs per day are split;
Amendment 71 #
2011/2202(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 83 #
2011/2202(DEC)
Motion for a resolution
Paragraph 42 c (new)
Paragraph 42 c (new)
42c. Regrets that decisions taken by the Bureau and other bodies concerning the House of European History were not based on the full "estimated" final costs involved in establishing a fully operational project; advises the Bureau and the Quaestors not to approve any project or initiative in future for which no total financial estimate for direct or indirect costs is presented;
Amendment 86 #
2011/2202(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Recognises the importance of the visitors' scheme in raising awareness of the Parliament and its legislative work; welcomes improvementsnotes the recent changes made to the visitor group payment system put in place since 2010 and calls for an evaluation of the new payment system and reimbursement scheme to show the evolution of costs and the degree to which payments reflect the actual costs incurred by the groups; suggests to the Court of Auditors to follow this up and looks forward to the Internal Auditor's remarks on the implementation of the new system;
Amendment 101 #
2011/2202(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that costs relating to the Prize for Journalism in 2010 were EUR 118 059, an increase of 18 % on 2009 figure; is concerned that the costs rose for the event in 2011 by more than a quarter, and requests that a full cost-benefit analysis be carried out before any alternative initiatives are developed in theis domain of relations with the press or any other domain, now that the Prize has been terminated;
Amendment 107 #
2011/2202(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Notes the opening in April 2010 of the EP Liaison Office (EPLO) in Washington and the system of one-year missions for four officials put in place in October 2010; observes that, although the creation of the Washington Office has not entailed the creation of any new posts, other costs have inevitably been incurred; would like to be informed of the level of those costs for 2011 and 2012;
Amendment 110 #
2011/2202(DEC)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Notes that, at 31 December 2010, a majority of staff in the Secretariat (58,4 %) and within the administrators' function group (51,7 % female) were women; welcomnotes that, at the level of senior and middle management, the proportion of female directors-general increased in 2010 (to 36,4 %, that is, four out of 11) and heads of unit (to 26,2 %); calls on the Secretary- General to achieve before 2025 the aim of at least 50 % women in all higher grades;
Amendment 115 #
2011/2202(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Notes that, in 2010, there were 33 200 missions (official trips) representing a total of 98 629 mission days, most of them involving travel between Parliament's three places of work; reiterates the need to avoid unnecessary missions between the three working places and the costs they entail with more systematic and documentary justifications and better monitoring; requests that the Secretary General report, as part of the discharge procedure, on any savings made as a result of further rationalisation; and about further initiatives taken or in preparation leading to less missions; is further of the opinion that in general no committee meeting should take place in Strasbourg with the exception of those committees the agenda of which is directly linked to the reports or discussions on that week's part session's agenda;
Amendment 120 #
2011/2202(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Notes with satisfaction that the switch to this new employment system has been broadly budget neutral, with approximately 15 members of staff administering the employment of around 1400 assistants; and looks forward to receiving a copy of the report on that new employment system's implementation, its total indirect and direct costs, including the unemployment benefits paid out by the Commission;
Amendment 129 #
2011/2202(DEC)
Motion for a resolution
Paragraph 64 e (new)
Paragraph 64 e (new)
64e. Regrets that the building policy lacks elements of social and economic integration with the citizens living and working in the areas around the buildings; calls on the Secretary-General and the Bureau to pay more attention to this aspect of Parliament's building policy;
Amendment 139 #
2011/2202(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Notes that final appropriations for the Travel Agency amounted to EUR 1 438 000 in 2010, with a high commitment rate (94 %); further notes that it obtains negotiated prices from airlines, which means that there is an average price for the best service; stresses however that this does not mean that, for a specific day or journey, it is not possible to get better prices by booking directly with travel operators; suggests that random checks are conducted to see if tickets with the same travel conditions are issued at the lowest available price; further suggests that Members and staff using the cheapest available tickets with fixed travel dates will be entitled to be fully compensated up to a maximum of 5 times a year when unforeseen circumstances force them purchase another ticket;
Amendment 143 #
2011/2202(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Welcomes the fact that, at the end of the 2010 financial year, the mopping up procedure was not used as has been asked by its Committee on Budgetary Control over the last years, thereby preventing there being a significant difference between the budget as planned for the year and its implementation, as happened in previous years and believes that all Union institutions could make scrutiny and budget discharge for future years easier if they planned buildings expenditure in a transparent way via the budget procedure:
Amendment 144 #
2011/2202(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
Amendment 146 #
2011/2202(DEC)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Notes that, although in 2010 the value of the assets of the Voluntary Pension Fund increased by 13, 3 % as the investment markets continued to recover from the global financial crisis of 2008, as at 31 December 2010 the voluntary pension fund had a deficit of EUR 178 960 000, which raises concerns about the possibility of the fund becoming exhaustedle default of the fund; reminds that Parliament is guaranteeing the payment of pension rights for all former and some current Members of this voluntary pension fund, when and if this fund is not able to meet its obligations; would like to be informed how and from which budget line Parliament will meet its obligations in that case;
Amendment 154 #
2011/2202(DEC)
Motion for a resolution
Paragraph 76 a (new)
Paragraph 76 a (new)
76 a. Expects a full report on how Parliament's Free Software projects have developed with regards to use and users in Parliament, citizen interaction and procurement activities; invites to investigate Parliament's obligations under Rule 103 with regard to Free Software and Open Standards;
Amendment 161 #
2011/2202(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Welcomes the pilot projects in the area of logistics which ran in 2010 (e.g. purchasing low-emissions vehicles - EURO 5 standard, holding training in environmentally responsible driving for drivers and removal staff, trunk sharing for the transport of working documents, thereby reducing CO2 emissions by around 33 % in that area) as part of EMAS Action Plan; would like to be informed on how Parliament will promote the use of electric cars and the number of charging points available;
Amendment 163 #
2011/2202(DEC)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Believes that better and more use should be made of solar panels on the roofs of Parliament's buildings; regrets that only a few are installed until now; would like to be informed on the total amount of square meters of roof available for the "economic" use of solar panels in future, how many square meters are used for the moment and the potential electric output in percentage of the total electricity consumption when installing a maximum of solar panels;
Amendment 45 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Staff Regulations of Officials of the European Union
Article 22a
Article 22a
Amendment 50 #
2011/0455(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6b (new)
Article 1 – paragraph 1 – point 6b (new)
Staff Regulations of Officials of the European Union
Article 22b
Article 22b
6b. Article 22b shall be replaced by the following: 1. A whistleblower who honestly believes that his rights under Article 22a were not respected or who honestly believes in the existence of breaches of law by officials in grade AD 14 or above and/or by Members of his Institution or OLAF is entitled to inform and provide supporting information to the President of the Commission or of the Court of Auditors (if the areas of the competences of the Court of Auditors are concerned) or of the Council or of the European Parliament or to the European Ombudsman. 2. A whistleblower who honestly believes that his rights under article 22b paragraph 1 and 3 were not respected is entitled to inform and provide supporting information about suspected wrongdoing detrimental to the interest of the European Union or suspected criminal behaviour of the officials and/or Members of its institution to any member of the European Parliament and the Court of (if the areas of the competences of the Court of Auditors are concerned). 3. The rights and obligations of article 22a respectively apply to whistleblowers and recipients under article 22b. A recipient under article 22b has the right to question a previously involved recipient and/or institution about his treatment of the whistleblowing and shall be provided with the necessary information for his analysis. 4. If EU legislation entrusts other bodies - outside the EU institutions - with the necessary competences to confidentially assess matters (within EU-Institutions) that could be subject of disclosures by EU-officials, officials may also address them under the conditions mentioned in this article. 5. The recipients mentioned in paragraphs 1, 2 and 4 also have the right to inform the public if they deem that this is necessary. 6. If a whistleblower is undergoing disciplinary or other procedures for not respecting the recipient-limitations of art. 22a/b and/or e.g. by providing information to the media and public any measure taken against him must take into account if the information provided was true or the whistleblower believed it to be true. The public interests in the issue at stake must also be taken into account.
Amendment 34 #
2011/0430(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) A document should be considered as a document in a machine readable format if it is in a file format that is structured in such a way that software applications can easily identify, recognise and extract data of interest from it. Data encoded in files that are structured in a machine-readable format are machine-readable data. Machine-readable formats can exist as formal open standards or not. Documents encoded in a file format that limits such automatic processing, because the data cannot or cannot easily be extracted from these documents, should not be considered as documents in machine- readable format. Member States should when appropriate encourage the use of open, machine-readable formats.
Amendment 44 #
2011/0430(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Documents and works, including audio and audiovisual productions, produced by public service broadcasters and other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit should as a principle be re-usable. The possibility of accessing and re-using such publicly funded documents would be particularly beneficial to stimulate production of derivative creative content and would allow a future lifecycle for works that are held in public broadcasters' archives.
Amendment 50 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/98/EC
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(1a) In paragraph 2, point (d) is deleted.
Amendment 56 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/98/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1a. In Article 2 paragraph 1 is replaced by the following: "1. 'public sector body' means the State, regional or local authorities, bodies governed by public law and associations formed by one or several such authorities or one or several such bodies governed by public law and other undertakings entrusted with the operation of services of general economic interest (SGEI);".
Amendment 57 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
1b. In Article 2 paragraph 2, point (a) is replaced by the following: "(a) established for the specific purpose of meeting needs in the general interest, not having exclusively an industrial or commercial character; and".
Amendment 58 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 c (new)
Article 1 – point 1 c (new)
Directive 2003/98/EC
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
1c. In Article 2 (Definitions) paragraph 3, point (a) is replaced by the following: (a) any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording, including software source code);
Amendment 62 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2003/98/EC
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
2a. In Article 2 the following paragraph is added: "6a. undertakings entrusted with the operation of services of general economic interest are defined by Commission Decision of 28 November 2005 on the application of Article 106(2) Treaty on the functioning of the European Union to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest. The documents subject to this directive are the documents strictly connected to the operation of services of general economic interest.".
Amendment 64 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Directive 2003/98/EC
Article 2 – paragraph 6 b (new)
Article 2 – paragraph 6 b (new)
2b. In Article 2 the following paragraph is added: "6b. "formal standard" means a standard which has been codified in written form, detailing specifications for the requirements on how to make interoperable software for the management of files.".
Amendment 65 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2 c (new) Directive 2003/98/EC
Article 1 – point 2 c (new) Directive 2003/98/EC
2c. In Article 2 the following paragraph is added: "6c. "open format" means that the format's specification is maintained by a not-for-profit organisation the membership of which is not contingent on membership fees; its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties; the format specification document is available freely; the intellectual property of the standard is made irrevocably available on a royalty- free basis.".
Amendment 74 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2003/98/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) In paragraph 1, the words ‘through electronic means’ are replaced by ‘in machine-readable format and together with their metadata, both of which in so far as possible should comply with open, formal standards.’.
Amendment 112 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9b (new)
Article 1 – point 9b (new)
Directive 2003/98/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
9b. The following paragraph is added to Article 11: "2a. Notwithstanding paragraphs 1 and 2, where an exclusive right is granted in connection with commercial exploitation which is necessary in order to digitise cultural collections, the exclusive agreement shall not in general continue for longer than five years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public. Where an exclusive right relating to the preferential commercial exploitation necessary to digitise cultural resources exists, the public sector body shall be provided with a copy of the digitised cultural resources as part of that agreement, and any term of that agreement shall be void in so far as it purports to restrict the re-use, after the termination of the agreement, of a digital copy of a cultural resource that was in the public domain before the agreement was made.".
Amendment 488 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.6 a (new)
Annex 1 – section 2 – point 1 – point 1.1 – point 1.1.6 a (new)
1.1.6 a. Regulatory and economical challenges for the future: The objective is to research how and where there may be need for new regulatory frameworks to accommodate for the new relationships between citizens and their societies, as well as markets and their consumers. This includes cross- scientific research combining legal analysis with the economic, cultural and social impacts of the technological changes.
Amendment 238 #
2011/0401(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Parliament has called for a radical simplification of Union research and innovation funding in its Resolution of 11 November 2010, has highlighted the importance of the Innovation Union to transform Europe for post-crisis world, in its resolution of 12 May 2011, has drawn attention to important lessons to be learned following the interim evaluation of the Seventh Framework Programme in its resolution of 8 June 2011 and has supported the concept of a common strategic framework for research and innovation funding in its resolution of 27 September 20118 . The Horizon 2020 Programme should therefore be granted a substantial budget increase compared to the Seventh Framework Programme, including a transfer of at least 5% of the budget of the Common Agricultural Policy 2014-2020.
Amendment 1022 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.2 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.2 – paragraph 1
ICT underpins innovation and competitiveness across a broad range of private and public markets and sectors, and enables scientific progress in all disciplines. Over the next decade, the transformative impact of digital technologies, ICT components, infrastructures and services will be increasingly visible in all areas of life. Unlimited computing, communication and data storage resources will be available to every citizen on the globe. Vast amounts of information and data will be generated by sensors, machines and information-enhanced products, making action at a distance a commonplace, enabling global deployment of business processes and sustainable production sites and bringing a wide range of services and applications. Many critical commercial and public services and all key processes of knowledge production in science, learning, business and the public sector will be provided through ICT. ICT will provide the critical infrastructure for production and business processes, communication and transactions. ICT will also be indispensable in contributing to key societal challenges , as well as societal processes such as community formation, consumer behaviour, and public governance, for example by means of social media and collective awareness platforms and tools.
Amendment 1031 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point c
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point c
(c) Future Internet: Isoftware, hardware, infrastructures, technologies and services;, including enhanced support to research and development of open-systems and distributive systems.
Amendment 1041 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point f a (new)
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – point f a (new)
(f a) Regulatory and economical challenges for the future: new demands and needs on the regulatory framework and economical framework, as a consequences of societal impact of new technologies and applications;
Amendment 1047 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2
These sixeven major activity lines are expected to cover the full range of needs. These would include industrial leadership in generic ICT-based solutions, products and services needed to tackle major societal challenges as well as application- driven ICT research and innovation agendas which will be supported together with the relevant societal challenge.
Amendment 1048 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2 a (new)
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.3 – paragraph 2 a (new)
The fundamental rights and freedoms of natural persons and in particular their right to privacy is a key in the EU. Horizon 2020 shall support research and development of systems that can give Europe's citizens full control of their communications.
Amendment 166 #
2011/0399(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Rules governing the exploitation and dissemination of results should be laid down to ensure that the participants protect, exploit and disseminate those results as appropriate, in particular the possibilityrules for open access to results and data ofr additional exploitationdissemination, exploitation or licensing conditions in the European strategic or public interest.
Amendment 170 #
2011/0399(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 172 #
2011/0399(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Additional exploitation and dissemination conditions should be laid down for results concerning technologies with potential for tackling major societal challenges, for example the development into a novel medical technology (e.g. drug, diagnostic or vaccine) or technologies for fighting climate change.
Amendment 174 #
2011/0399(COD)
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) In the process of selection of proposals, the criterion of impact should include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 195 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'dissemination‘' means the public disclosure of the results by any appropriate means (other than resulting from protecting or exploiting the results), including by publishing, in any medium, articles presenting the result of research such as scientific publications in peer-reviewed journals;
Amendment 203 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) 'exploit/exploitation' means the direct use of results for developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 204 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7b) 'fair and reasonable conditions' means terms, including royalty-free conditions, which take into account the specific circumstances of the request for access and/or the scope, duration or other characteristics of the use envisaged;
Amendment 233 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) the information concerned is relevant to public policy objectives and the promotion of public interest;
Amendment 236 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
In actions under the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’,ies of the Societal Challenges pillar the Commission may make available to Union institutions and bodies or Member States' national authorities any useful information in its possession on results of a participant that has received Union funding.
Amendment 280 #
2011/0399(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where appropriate, proposals shall include a draft plan for the exploitation and disseminatioof the results, whenever exploitation is expected or required as part of the call, as well as a plan for dissemination, including a data management and sharing plan of the results.
Amendment 284 #
2011/0399(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Any proposal for research with the potential for further development into a novel medical technology (e.g. drugs, vaccines, medical diagnostics) shall include a draft plan specifying a strategy to guarantee the immediate and widest possible access to this technology, where lack of access to the technology would pose a threat to the protection of public health.
Amendment 315 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The criterion of impact shall include the potential extent of dissemination and public availability of research results and data, assigning priority to projects potentially entailing a wider dissemination and exploitation of results.
Amendment 360 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. When research is conducted in a field relevant to the preservation of public health, the grant agreement shall contain provisions that foster accessibility of the results through socially responsible licensing strategies.
Amendment 629 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results, without any right to sub-licence, subject to the following conditions:
Amendment 634 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – point b
Article 38 – paragraph 2 – subparagraph 2 – point b
(b) fair and reasonable compensation shall be provided to the oif compensation is required from the joint owners for granting non-exclusive licences to third parties to exploit ther jointly ownersd results, compensation shall be fair and reasonable.
Amendment 637 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Where results are capable of commercial or industrial application, the participant owning these results shallmay examine the possibility for protection and, if possible and justified given the circumstances, shallmay adequately protect them for an appropriatreasonable period of time and with an appropriate territorial coverage, having due regard to the public interest, its legitimate interests and the legitimate interests, particularly the commercial interests, of the other participants in the action.
Amendment 639 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
2. Where a participant that has received Union funding intends not to protect results generated by it for reasons other than impossibility under Union or national law or the lack of potential for commercial exploitation, and unless the participant intends to transfer them to another legal entity established in a Member State or associated country in view of their protection, it shall inform the Commission or funding body before any dissemination relating to these results takes place. The Commission on behalf of the Union or the funding body may assume ownership of these results and take the necessary steps for their adequate protection, having regard to the public interest and with a view of maximising dissemination of results.
Amendment 643 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. No dissemination relating to these results may take place until the Commission or the funding body has taken a decision or has decided thatwhether it will assume ownership or not and has taken the necessary stepssteps, as relevant, to ensure protection. The grant agreement shall lay down time-limits in this respect.
Amendment 646 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a participant that has received Union funding intends to abandon the protection of results or not to seek extension of such protection for reasons other than the lack of potential for commercial exploitation, it shall inform the Commission or the funding body which may continue or extend protection by assuming ownership thereof. The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. The grant agreement shall lay down time-limits in this respect.
Amendment 652 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 1
Article 40 – paragraph 2 – subparagraph 1
2. Subject to any restrictions due to the protection of intellectual property, security rules or legitimate commercial interests, each participant shall through appropriate means disseminate the results it owns as soon as possible. The grant agreement may lay down time-limits in this respect. In the field of major societal challenges (health, climate, biodiversity), licensing of results to third parties shall by default take place on non- exclusive terms so as to enable immediate competition and thereby to foster global accessibility.
Amendment 657 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through research publications, open access shall apply as default policy with the aim of free of charge, on-line public access to Union funded research publications as soon as possible, and in any event within six months of publication, in a peer- reviewed scientific journal and under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the grant agreement mayshall lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areaspublic interest areas such as public health, environment or other major societal interest.
Amendment 663 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3 a (new)
Article 40 – paragraph 2 – subparagraph 3 a (new)
Proposals shall contain a management and sharing plan of data and other results to ensure that they are made available as widely and freely as possible, while acknowledging the possible need for a limited period of exclusive use of the research results.
Amendment 667 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 4
Article 40 – paragraph 2 – subparagraph 4
Prior notice of any dissemination activity shall be given to the other participants. Following notification, a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination. In such cases, the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests. The grant agreement mayshall lay down reasonable time-limits in this respect.
Amendment 681 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 3
Article 41 – paragraph 1 – subparagraph 3
Following notification, a participant may object to the transfer of ownership if it demonstrates that the intended transfer would adversely affect the exercise of its access rights. In such case, the transfer may not take place until agreement has been reached between the participants concerned. The grant agreement mayshall lay down reasonable time-limits.
Amendment 685 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with, the participant who owns results may grant licences or otherwise give the right to exploit them to any legal entity, including on an exclusive basis. The possibility to grant licenses on an exclusive basis shall be exceptional and should not conflict with the objective of maximum dissemination and exploitation of results. Terms for its conditions shall be laid down in the grant agreement.
Amendment 691 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. With regard to results which are generated by participants that have received Union funding, the Commission or funding body may object to transfers of ownership or to grants of an exclusive licence, to third parties established within the Union or in a third country not associated to Horizon 2020, if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations.
Amendment 701 #
2011/0399(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
Amendment 705 #
2011/0399(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
1. A participant shall enjoy access rights to the results of another participant in the same action, if such access is needed by the former to carry out its work under the action.
Amendment 726 #
2011/0399(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
1. The Union institutions and bodies shall, for the purpose of developing, implementing and monitoring Union policies or programmes, enjoy access rights to the results of a participant that has received Union funding. Such access rights are limited to non-commercial and non-competitive use.
Amendment 740 #
2011/0399(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. In the case of ERC frontier research actions, or research actions that address a societal challenge the grant agreement mayshall lay down specific provisions, in particular on access rights, portability and dissemination, relating to participants, researchers and any party concerned by the action.
Amendment 742 #
2011/0399(COD)
Proposal for a regulation
Article 47 – paragraph 3 a (new)
Article 47 – paragraph 3 a (new)
3a. In case of innovation that is highly relevant to developing countries' needs, including in the field of global health, the Commission shall include in the grant agreement licensing conditions to improve access and affordability of biomedical products in developing countries by means of 'humanitarian use licensing conditions'.
Amendment 747 #
2011/0399(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
Specific provisions regarding ownership, access rights, exploitation and dissemination including licensing provisions, shall be laid down in the conditions governing a prize award, to ensure maximum uptake of the results and affordable and widespread access to the results.
Amendment 749 #
2011/0399(COD)
Proposal for a regulation
Article 48 – paragraph 1 b (new)
Article 48 – paragraph 1 b (new)
The contracting authority shall own the results and data generated, and grant non-exclusive licences to third parties to exploit the results under fair and reasonable conditions.
Amendment 53 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 3
Annex – part 1 – point 1.1 – paragraph 3
A genuine change in our innovation systems and paradigms is therefore necessary. Still too often, excellence in higher education, research and innovation, while clearly existing across the EU, remains fragmented. Europe needs to overcome this lack of strategic co- operation across boundaries – countries, sectors and disciplines. Moreover, Europe needs to embrace ahas a strong, open and true entrepreneurial culture, which is essential forith large diversity of small and medium-size enterprises, which is essential to nurture and support to capturing the value of research and innovation, for setting-up new ventures and achieve actual market deployment of innovations in potential high-growth sectors. Europe needs to foster the role of higher education institutions as engines of innovation, as talented people need to be equipped with the right skills, knowledge and attitudes in order to drive innovation forward.
Amendment 71 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.2 – paragraph 1 – point 4 a (new)
Annex – part 1 – point 1.2 – paragraph 1 – point 4 a (new)
Creating sustainable solutions for the dissemination and adoption of new technologies with end-consumers, citizen and society at large: EIT takes particular care that the incentivising of new research and innovation accommodate for special needs in different entrepreneurial spaces. In order to achieve this aim the EIT shall ensure that in each sector, the management of intellectual property rights ensure that competitive conditions are maintained, especially for sectors where market entrance barriers are typically low. This applies in particular to the ICT and digital infrastructure services.
Amendment 69 #
2011/0384(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The rules concerning the dissemination of results through open access, licensing and management of intellectual property rights are defined in the Rules for Participation.
Amendment 28 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governments of resource-rich countries in implementingin implementing accountability and transparency standards equivalent to at least the EITI Principles and Criteria30 and account to their citizens for payments such governments receive from undertakings active in the extractive industry or loggers of primary forests operating within their jurisdiction. The report should incorporatand local and regional public authorities receive. In the reports by undertakings and public interest entities which are active in the extractive industry, in digital services and telecommunications infrastructure, in agriculture, in fisheries, in large scale energy production, in the construction sector or logging of primary forests, payments to governments shall also be disclosuresed on a country and project basis, where a "project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a" means an operational unit set up on the basis of one or more licences, concessions, geographical basin, etc and where payments have been attributed to such projectcontracts or other specific legal agreements which give rise to fiscal or parafiscal liabilities. In the light of the overall objective of promoting good governance in these countries, the materiality threshold of payments to be reported should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absoluteall be limited to projects for which the total amount, or a percentage threshold (such asf payments in excess of a percentage of a country's GDP) and these can be defined through a delegated acteds EUR 50 000. The reporting regime shouldall be subject to a review and a report by the Commission within fiveour years of the entry into force of the Directive. The review shouldall consider the effectiveness of the regime and take into account international developments including issues of competitiveness, access to knowledge and communication, food security and energy security. The review shouldall also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account information.
Amendment 31 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 1
Article 36 – paragraph 1 – point 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B-Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council34 ' means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
Amendment 34 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1 – point 4 a (new)
Article 36 – paragraph 1 – point 4 a (new)
4a. "Constituent entities" means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the Undertaking to the extent that they are consolidated in the annual financial statements of that Undertaking.
Amendment 35 #
2011/0308(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make publicto prepare, have audited and make public, as part of their annual fiscal statements, a report on payments made to governments on an annual basis.
Amendment 164 #
2011/0302(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Telecommunications are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelatedinfrastructure catalysing the use of digital services for a large part of useful society activities. The internet is becoming the dominant platform for communication, offering servicessocial and cultural cohesion, and doing business. Therefore the trans- European availability of fast Internet access and digital services is essential for economic growth and the Single Market.
Amendment 174 #
2011/0302(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) In its Resolution of the 5th of May 2010, the European Parliament called for both open source investments as well as particular attention targeting the construction of Gbps networks for European research institutions and universities, and the affordable access to ultrafast connections by small and medium-sized enterprises;
Amendment 177 #
2011/0302(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is necessary to develop strong and coherent EU-wide networks for the digital delivery of public-good actions, involving both public and civil society actors at national and regional level, and to this end it is essential to ensure the structured EU financing of the costs of the system and software design, as well as maintenance of a resilient hub for such networks, leaving only in-country costs for national operator budgets. Particular priority should be given to ensuring that all publicly financed systems and software designs get disseminated in the form of open, accessible standards which are easily obtained and used by all society actors, including not-for-profit actors, and that code resulting from public investments is always made available as open source to the public;
Amendment 180 #
2011/0302(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) In the application of financial instruments for the aim of creating trans- European core services, particular priority should be given to ensuring services being based on open, accessible standards which are easily reviewed, obtained and used by all society actors and where the standard development process is open, transparent and inclusive for as many stakeholders as are interested, including not-for-profit actors, and that source code resulting from public investments in core service applications is always made openly available to the public;
Amendment 181 #
2011/0302(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Ensuring cross-border interoperability in the deployment of large scale infrastructure projects, in particular at the level of core services, may require simultaneous procurement and installation of equipment by the Commission, Member State and/or their beneficiaries. To facilitate the fulfilment of the interoperability requirement, preference should be given to solutions implementing open, transparent standards provided on royalty-free basis. In such cases, Union financial aid may need to be allocated to procurements executed by infrastructure providers in Member States, either on their own behalf or in cooperation with the Commission. Provisions also enable multiple sourcing, which may be needed, inter alia, to provide for multi- language arrangements, to ensure security of supply and/or to implement network redundancy that is required to eliminate infrastructure network downtime that could be caused by a single point of failure.
Amendment 183 #
2011/0302(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Generic services in areas of public interest (as core services) are often affected by a strong degree of market failures. Indeed, the areas to be funded relate to public service delivery (eHealth, eIdentity, eProcurement large scale deployment and interoperability) hence not commercial by definition at a starting level. In addition, if only core services are funded, the challenge would be to create the right incentives at Member State and regional level to actually deploy services of public interest: this is due particularly to lack of incentive at national level to link national systems to the core systems (hence develop conditions for interoperability and cross- border services) as well as to the fact that private investors would not alone ensure service deployment within interoperable frameworks. Before implementing large, new investments, there should however be careful consideration given to the open source solutions already implemented in a wide range of constituencies around Europe, and the potential for spreading them to other constituencies.
Amendment 204 #
2011/0302(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) While most financial instruments should be common for all sectors, some may be specific for individual sectors. Commission services estimate that while the financial support for broadband networks would primarily rely on financial instruments, for transport and energy the volume of Union budgetary resources required for financial instruments should not exceed EUR 2 billion and EUR 1 billion respectively.
Amendment 327 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
(i) accelerating the deployment of fast and ultrafast broadband networks and their uptake, including by small and medium sized enterprises (SMEs), to be measured by the level of broadband and ultrafast broadband coverage and the numberby ensuring that by 2020 all Europeans have access to 100 Mbps and 50% of EU households having subscribed for broadband connectione access to 1 Gbits for above 100 Mbpsmore;
Amendment 475 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) actions in the field of broadband networks: the amount of Union financial aid shall not exceedbe proportionate and reasonable in relation to the exclusivity period granted to the co-investing private actor on operating and providing services over the network; in general, peering and local-loop unbundling should be mandatory in all cases from the termination of the construction of the network where Union financial aid or other public funding exceeds 50% of the eligible costs of the project;
Amendment 736 #
2011/0302(COD)
Proposal for a regulation
Annex – Part III - Point b - introductory part
Annex – Part III - Point b - introductory part
Intervention in the field of broadband shall contribute to smart and inclusive growth through building a balanced and geographically diversified portfolio of broadband projects, including both 30Mbps and 100Mbps plus projectaiming for ubiquitous Gbps-networks and reaching at least for a base-capacity of 100 Mbps; with urban- suburban and rural projects, in order to reach a satisfactory level of connectivity in all the Member States.
Amendment 738 #
2011/0302(COD)
Proposal for a regulation
Annex – Part III - Point b - row 2 - paragraph 1
Annex – Part III - Point b - row 2 - paragraph 1
The intervention in the field of broadband Investments in broadband networks networks shall include: capable of achieving the Digital Agenda 2020 target of universal coverage at 3coverage at 100Mbps; or Investments in broadband networks capable of achieving the Digital Agenda 2020 target and having at least 50% of households subscribing to speeds above 100Mbps;
Amendment 740 #
2011/0302(COD)
Proposal for a regulation
Annex – Part III - Point b - row 2 - paragraph 2
Annex – Part III - Point b - row 2 - paragraph 2
The intervention in the field of broadband Investments in broadband networks networks shall include: capable of achieving the Digital Agenda 2020 target of universal coverage at 3coverage at 100Mbps; or Investments in broadband networks capable of achieving the Digital Agenda 2020 target andof having at least 50% of least 50% of households subscribing to speeds above 100Mbpsspeeds of 1Gbps and above;
Amendment 742 #
2011/0302(COD)
Proposal for a regulation
Annex – Part III - Point c - row 4
Annex – Part III - Point c - row 4
Enabling access to public sector Digitalization of large collections of information and multilingual services European cultural resources and fostering their re-free access to the public and free re- use by third parties. Achieving full access for re-use to all disclosable information held by the public sector in the EU by 2020. Enabling any business in the EU to offer online services in its own language that shall be seamlessly accessible and usable in any EU language
Amendment 743 #
2011/0302(COD)
Proposal for a regulation
Annex – Part III - Point c - row 5
Annex – Part III - Point c - row 5
Safety and security Shared computing facilities, and databases and software tools for the Safer Internet Centres (SICs) in the Member States, as well as back-office operations to handle the reporting on sex abuse content Centres (SICs) in the Member States. Critical service infrastructures, including communication channels and platforms developed and deployed in order to enhance the EU-wide capability for preparedness, information sharing, coordination and response.
Amendment 1 #
2011/0299(COD)
Proposal for a regulation
Title
Title
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on guidelines for trans-European telecommunicationsdigital networks and repealing Decision No 1336/97/EC
Amendment 2 #
2011/0299(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) TelecommunicationsDigital networks and services are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelated. The internet is becoming the dominant platform for communication, services, and doingeducation, participating in social and political life, and business. Therefore, the trans-European availability of fastwidespread, fast, secure Internet access and digital services in the public interest is essential for social and economic growth, competitiveness, social inclusion and the Single Market.
Amendment 3 #
2011/0299(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) TelecommunicationsDigital networks and services are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelated. The internet is becoming the dominant platform for communication, services, and business. Therefore, the trans-European availability of fast Internet access and digital services in the public interest is essential for economic growth and the Single Market.
Amendment 4 #
2011/0299(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The development of broadband and high-speed broadband networks and digital services will reinforce the need for European technical standards. EU research and development programmes and increased monitoring of standardisation procedures are needed if the Union is to play a pivotal role in the telecommunications industry.
Amendment 10 #
2011/0299(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Digital Agenda for Europe stipulates that by 2020 all Europeans should have access to internet speeds of above 30 Mbps and 50% or more of European households should subscribe to internet connections above 100 Mbps. However, given the rapid evolution of technologies that lead to ever faster internet connexions, it is appropriate today, for all Union households, to target internet connections above 100 Mbps with 50% of the households having access to 1 Gbps.
Amendment 11 #
2011/0299(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the Internal Market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value, as well as giving the Union the capacity to be a world leading knowledge-based economy. A rapid deployment of high-speed broadband networks is crucial for the development of European productivity and for the emergence of new and small enterprises that can be leaders in different sectors, for example health care, manufacturing and the service industries.
Amendment 12 #
2011/0299(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The combination of new opportunities in infrastructure and new, innovatory and interoperable services should set in motion a virtuous circle by stimulating increasing demand for high- speed broadband to which, in commercial terms, it would be advisable to respond.
Amendment 13 #
2011/0299(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) While the deployment of fibre and ultra high-speed broadband connections in the Union remains unsatisfactory, other economies in the world are taking the global lead by offering significantly higher capacity and speeds of 1 Gbps and beyond. Investment in fibre, both in the home and in passive infrastructure in the backhaul network, is a crucial ingredient if the Union is to be home to innovation, knowledge and services.
Amendment 14 #
2011/0299(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) Targets for 2020 should be revised, aiming for the Union to have the fastest broadband speed in the world by seeking to ensure that by 2020 all Union citizens have access to 100 Mbps and 50% of Union households have access to 1 Gbps or more.
Amendment 15 #
2011/0299(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Public funding for broadband should be spent solely on infrastructures open to competition. Only networks open to competition via mandated third party access can deliver affordable competitive services and innovation for consumers and businesses.
Amendment 17 #
2011/0299(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Ensuring that consumers are easily able to access and distribute content, services and applications of their choice via a single internet subscription is of vital importance for the completion of the Union's single digital market. In this context, BEREC's findings of May 2012 show that at least 20% of mobile internet users in Europe experience some form of restriction on their ability to access VoIP services. Although competition is expected to discipline operators, progress has been very slow and the publicly- funded telecommunications networks covered by this Regulation should therefore be prohibited from blocking services.
Amendment 21 #
2011/0299(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down guidelines for the timely deployment and interoperability of projects of common interest in the field of trans-European telecommunicationsdigital networks.
Amendment 22 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
"TelecommunicationsDigital networks" means broadband networks and digital service infrastructures.
Amendment 24 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
f) "Broadband networks" means wired and wireless access networks, ancillary infrastructure and core networks capable of delivering very high speed connectivity, thereby contributing to the broadband targets of the Digital Agenda for Europ100 Mbps and 1Gbps where possible and above.
Amendment 26 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) improvements in the daily life for citizens, businesses and governments at every level through the promotion of broadband networks, interconnection and interoperability of national, regional and local telecommunications networks as well as access to such networksopen and non-discriminatory access to such networks and digital inclusion, bearing in mind that the more sparsely populated and less developed regions must be included in and served with connections. In order to complete the single digital market, close cooperation and coordination of activities under the Connecting Europe Facility programme with the national and regional broadband actions shall be ensured.
Amendment 32 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(3a) Financing shall be allocated taking into account the specific needs of the beneficiaries, in particular by balancing the division between subsidies and innovative financial instruments.
Amendment 36 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Second pPriority shall be given toalso to other digital service infrastructures in support of specific provisions of EU legislation and based on existing building blocksas listed in the annex (Section 1.2.).
Amendment 37 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a (new)
Article 6 – paragraph 3 – point a (new)
(3a) As the core service platform is a pre- condition for establishing a digital service infrastructure, the support to core service platforms and their common building blocks shall take priority over generic services.
Amendment 40 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) make a significant contribution to the realisation of thebroadband targets of the Digital Agenda for Europ100Mbps and 1Gbps where possible and above.
Amendment 41 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point e
Article 6 – paragraph 5 – point e
Amendment 42 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point f
Article 6 – paragraph 5 – point f
(f) deploy state of the art technology and/or be based on innovative business models, and have a high potential fpropose the best balance between state of the art technologies in terms of data flow capacity, transmission security, network replicabilitsilience, and cost efficiency.
Amendment 43 #
2011/0299(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 45 #
2011/0299(COD)
Proposal for a regulation
Article 7
Article 7
The Union may establish contacts, discuss, exchange information and cooperate with public authorities or any other organisations in third countries to achieve any objective pursued by these guidelines. Among other objectives, this cooperation shall seek to promote the interoperability between telecommunicationsdigital networks in the Union and telecommunicationsdigital networks of third countries.
Amendment 48 #
2011/0299(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 17 June 2010, the European Council endorsed the Digital Agenda for Europe and called upon all institutions to engage in its full implementation. The Digital Agenda aimsed to chart a course to maximise the social and economic potential of information and communication technologies, in particular through the deployment of high-speed broadband networks by seeking to ensure that by 2020 all Europeans have access to internet speeds of above 30 Mbps and 50% or more of European households subscribe to internet connections above 100 Mbps. The Digital Agenda aimsHowever, considering the fast evolution of technologies that lead to ever faster internet connexions, it is appropriate today, for all EU households, to target internet connexions above 100 Mbps or connexions that tend to 100 Mbps as much as possible, to establish a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services; a true single market for online content and services; active support for the digitisation of Europe's rich cultural heritage, and the promotion of internet access and take-up by all, especially through support of digital literacy and accessibility. In addition, Member States should implement operational national plans for high speed internet, targeting public funding on areas not fully served by private investments in internet infrastructures and promote deployment and usage of modern accessible online services.
Amendment 49 #
2011/0299(COD)
Proposal for a regulation
Article 8 – paragraph 2 – last paragraph
Article 8 – paragraph 2 – last paragraph
The Expert Group may also consider any other issue relating to the development of the trans-European telecommunicationsdigital networks.
Amendment 51 #
2011/0299(COD)
Proposal for a regulation
Annex – Section 1 – first paragraph
Annex – Section 1 – first paragraph
Interventions in the area of digital service infrastructure generally rely on a two-layer architecture approach: core service platforms and generic services. As the core service platform is a pre-condition for establishing a digital service infrastructure, the support to core service platforms and their common building blocks shall take priority over generic services.
Amendment 54 #
2011/0299(COD)
Proposal for a regulation
Annex – section 1 – point 2 – introductory part
Annex – section 1 – point 2 – introductory part
2. Other digital service infrastructures a priori identified as eligible in accordance with Article 6.1 and 6.3:
Amendment 57 #
2011/0299(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions -European Broadband: investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks. Public support for this area is therefore necessary, but should not unduly distort competitionwith particular attention being given to the deployment and, if relevant, future regional/local public exploitation of passive infrastructures, where incentives for private investment are usually weaker, and on which a maximum of competition should be guaranteed in the rest of the communication chain, from active infrastructures to e-services.
Amendment 63 #
2011/0299(COD)
(ha) Deployment of infrastructures in public transport allowing the use of secure and interoperable mobile proximity services: the deployment of infrastructures in public transport allowing the use of secure and interoperable mobile proximity services will enable citizens, businesses and organisations to access a variety of innovative services in mobility across the Union.
Amendment 65 #
2011/0299(COD)
(hb) European Platform for Access to Educational Resources. The objective is to exploit the benefits of ICT in the field of education through Europe-wide access to shared educational material. Cost- effective access to and improved quality of educational material through peer-review would strengthen European cohesiveness by enabling contacts, cooperation and debates among students and in the academic world. It would serve as a backbone for cooperation between educational institutions facilitating the implementation of other Union programmes such as "Erasmus for All". It would improve access to education and enhance the position of the Union in the global academic realm.
Amendment 69 #
2011/0299(COD)
Proposal for a regulation
Annex – section 2 – point 2 – introductory part
Annex – section 2 – point 2 – introductory part
All projects financially supported under this Regulation shall significantly contribute to the achievement of the targets of the Digital Agenda for Europ100Mbps and 1Gbps and above where possible.
Amendment 72 #
2011/0299(COD)
Proposal for a regulation
Annex – section 2 – point 2 – point a – subparagraph a
Annex – section 2 – point 2 – point a – subparagraph a
(a) be based on state-of-the art technology, either wired or wireless, capable of delivering very high-speed broadband services of speeds to at least 100 Mbps, thus meeting demand for applications which require high bandwidth, or
Amendment 74 #
2011/0299(COD)
Proposal for a regulation
Annex – section 2 – point 2 – point a – subparagraph c a (new)
Annex – section 2 – point 2 – point a – subparagraph c a (new)
(ca) Comply with applicable law, in particular with competition law and with the obligation to ensure access. Only networks open to competition should be eligible for public funding as set out in this Regulation.
Amendment 76 #
2011/0299(COD)
Proposal for a regulation
Annex – section 2 – point 2 – point a – subparagraph c b (new)
Annex – section 2 – point 2 – point a – subparagraph c b (new)
(cb) Support the open character of the internet by ensuring that blocking of services on telecommunications networks funded via this Regulation is prohibited, while allowing for reasonable traffic management at time of network congestion at peak hours, respecting the minimum quality of service requirements stipulated in Article 22(3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (the Universal Service Directive).
Amendment 77 #
2011/0299(COD)
Proposal for a regulation
Annex – section 2 – point 2 – point b
Annex – section 2 – point 2 – point b
b) Actions funded from additional ring- fenced contributions provided in accordance with Article 15.2 of Regulation (EU) No xxxx/2012 [CEF regulation] shall bring significant new capabilities to the market in terms of broadband service availability, speeds and capacity. Projects which provide speeds of data transmission of less than 3100 Mbps should ensure the increase of speeds to at least 3100 Mbps over time.
Amendment 85 #
2011/0299(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) The combination of new opportunities in infrastructure and new, innovatory and interoperable services should set in motion a virtuous circle by stimulating increasing demand for high- speed broadband to which, in commercial terms, it would be advisable to respond.
Amendment 89 #
2011/0299(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) There is a need to gather information and statistical data on the public works which are likely to be used, partly or completely, to install new- generation networks, and to set up a database for monitoring these works and the creation of a European register of telecommunications networks, where possible supplemented by similar information on energy and transport networks.
Amendment 96 #
2011/0299(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the area of safety and security, an EU-wide platform for sharing resources, information systems and software tools promoting online safety will contribute to creating a safer environment for children online. It will enable centres handling hundreds of thousands of requests and alerts per year to operate across Europe. Critical Information Infrastructures will enhance the Union-wide capability for preparedness, information sharing, coordination and response to cyber security threats.
Amendment 107 #
2011/0299(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documentsinformation to the European Parliament and Council.
Amendment 123 #
Amendment 124 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘Ttelecommunication networks’ means: broadband networks and digital service infrastructurinfrastructures for digital services.
Amendment 125 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘Bbroadband networks’ means: wired andor wireless (including satellite) access networks, ancillary infrastructure and core networks capable of delivering very high speed connectivity with associated infrastructures capable of delivering ultra fast speeds.
Amendment 130 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘Digital service iInfrastructures’: means networked services delivered electronically, typically over the internet,all types of equipment or services for all levels of the value chain required to create and providinge trans-European interoperable services in the public interest and having an enabling character for citizens, businesses and/or governmentof common interest which have a positive effect for enterprises, citizens and/or public authorities.
Amendment 133 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a.‘Digital services’: means services delivered digitally on an infrastructure, normally over the internet.
Amendment 134 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
3 b. ‘active infrastructure’: means infrastructures which generate or handle signals with the help of passive infrastructure.
Amendment 135 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 c (new)
Article 3 – paragraph 1 – point 3 c (new)
3 c. ‘passive infrastructure’: means masts, canalization, fibre, buildings or other facilities which do not handle or generate signals.
Amendment 136 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 d (new)
Article 3 – paragraph 1 – point 3 d (new)
3 d. ‘information infrastructure’: means active infrastructure created specifically for the purpose of handling digital services.
Amendment 137 #
2011/0299(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 e (new)
Article 3 – paragraph 1 – point 3 e (new)
3 e. ‘Open networks’ means networks designed to enable wholesale access to the broadband infrastructure for all electronic communications operators on equal and non-discriminatory conditions that enable wholesale access takers to deliver any services of their choice and compete with the operator owning or managing the network, thereby strengthening choice and competition for end users. Wholesale access shall be priced in a manner which reconciles economic viability for the investor, prevents margin-squeeze, and ensures maximum take-up by users.
Amendment 141 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the deployment of ultra fast broadband networks ensuring the speed of data transmission of 100 Mbps and above;, as referred to in the sectoral objectives in the field of telecommunications networks set out in Article 4 (1)(c)(i) of Regulation (EU) No xxxx/2012 of the European Parliament and of the Council establishing the Connecting Europe Facility1; __________________ 1 OJ L (...).
Amendment 145 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) if the deployment of broadband networks to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions thaspeed of data transmission of 100 Mbps is not achievable, the deployment of broadband networks ensuring the highest speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and above;
Amendment 154 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) actions allowing to achieve coordinated synergies and interoperability between different projects of common interest in the field of Telecommunications, between projects of common interest concerning different types of infrastructures, including Transport and Energy, between project of common interest in the field of Telecommunications and projects supported by the Structural and Cohesion funds, as well as relevant research infrastructures, and between projects of common interest in the field of telecommunications and existing and planned infrastructures including in Transport and Energy.
Amendment 158 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(d a) actions proposing the best ratio between state-of-the-art technologies in terms of data flow capacity, transmission security, network resilience, and cost efficiency.
Amendment 161 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d c (new)
Article 4 – paragraph 1 – point d c (new)
(d c) measures to stimulate demand for increasing speeds both by developing and providing innovative, interoperable digital services and by improving accessibility by means of an increase in the digital competence of disadvantaged groups, thus ensuring that all EU citizens can benefit from such projects of common interest.
Amendment 162 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Projects of common interest set out in the Annex shall contribute to the achievement of the objectives set out in Article 2, respond to the priorities set out in Article 3, be based on mature technology ready for deployment and demonstrate European added value.
Amendment 180 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 7 – point b
Article 5 – paragraph 7 – point b
Amendment 183 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point a
Article 5 – paragraph 8 – point a
(a) contributes to the achievement of the objectives set out in Article 2 and correspond to the priorities set out in Article 3;
Amendment 197 #
2011/0299(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. A delegated act adopted pursuant to Article 5(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 24 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 204 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 1 – point a
Annex 1 – section 1 – point a
(a) Innovative management, mapping & services. Technical assistance measures, where necessary for deployment and governance, shall include project and investment planning and feasibility studies, in support of investment measures and financial instruments. Mapping of pan- European broadband infrastructure together with the mapping of existing and planned infrastructures, including in Transport and Energy, will develop an on- going detailed physical surveying and documentation of relevant sites, analysis of rights of way, assessments of potential for upgrading existing facilities, etc. It should follow the principles of the Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community(INSPIRE Directive) and related standardisation activities. Technical assistance measures may also support replication of successful investment and deployment models.
Amendment 205 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 1 – point a – paragraph 2
Annex 1 – section 1 – point a – paragraph 2
These actions mayshould also include climate proofing to assess the climate related risks and ensure disaster resilience of infrastructure, in compliance with relevant requirements set out in EU or national legislation.
Amendment 226 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 8
Annex 1 – section 2 – paragraph 8
Actions contributing to the project of common interest in the field of broadband networks shall constitute a balanced portfolio including actions contributing to both the 30Mbps and the 100Mbps Digital Agenda targets, coveringver suburban and rural areas in particular, as well as areas across the European Union.
Amendment 228 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – introductory part
Annex 1 – section 2 – paragraph 9 – introductory part
Actions contributing to the project of common interest in the area of broadband networks, irrespective of the technology used, shall:
Amendment 229 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – point a
Annex 1 – section 2 – paragraph 9 – point a
(a) Support investments in broadband networks capable of achieving the Digital Agenda 2020 target of universal coverage at 30Mbps; or, for all EU households, speeds of 100 Mbps or above and, if not achievable, the highest speed possible.
Amendment 236 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – point b
Annex 1 – section 2 – paragraph 9 – point b
Amendment 245 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 10 – introductory part
Annex 1 – section 2 – paragraph 10 – introductory part
and shall consist in particular of one or more ofthe actions mentioned below, set up according to the following actionspriority order:
Amendment 246 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 10 – point a
Annex 1 – section 2 – paragraph 10 – point a
(a) The deployment of passive physical infrastructure or the deployment of combined passive and active physical infrastructure and ancillary infrastructure elements, complete with services necessary to operate such infrastructure;
Amendment 247 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 10 – point a a (new)
Annex 1 – section 2 – paragraph 10 – point a a (new)
(a a) the deployment of combined passive and active physical infrastructure and ancillary infrastructure elements, complete with services necessary to operate such infrastructure;
Amendment 251 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – introductory part
Annex 1 – section 2 – paragraph 13 – introductory part
Beneficiaries of EU support for the project of common interest in the area of broadband include, but are not limited tocan be any public entity in the Union or any private entity that is based and pays tax in the Union. These beneficiaries can be, among others:
Amendment 252 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point a
Annex 1 – section 2 – paragraph 13 – point a
(a) Telecom operators (incumbent, whether investing directly or through a subsidiary or new-entrant) launching investments in fast and ultra fast broadband networks.
Amendment 255 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point b
Annex 1 – section 2 – paragraph 13 – point b
(b) Utility companies (e.g. water, sewage, energy, transport), which are expected to invest in passive broadband networks, either alone or in partnership with operators.
Amendment 282 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 20
Annex 1 – section 3 – paragraph 20
The support will provide integrated and interoperable services at European level, based on sharedcollective awareness, resources, tools and practices and aimed at empowering children, their parents and carers, and teachers to make the best use of the Internet.
Amendment 283 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 21
Annex 1 – section 3 – paragraph 21
Amendment 284 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22
Annex 1 – section 3 – paragraph 22
Amendment 285 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22 – point a
Annex 1 – section 3 – paragraph 22 – point a
Amendment 286 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22 – point b
Annex 1 – section 3 – paragraph 22 – point b
Amendment 287 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22 – point c
Annex 1 – section 3 – paragraph 22 – point c
Amendment 288 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22 – point d
Annex 1 – section 3 – paragraph 22 – point d
Amendment 289 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 22 – point e
Annex 1 – section 3 – paragraph 22 – point e
Amendment 1962 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.4
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.4
2.2.4 Downstream actions must provide the means to exploit and diffuse R&I results, stemming from Horizon 2020, into the market and into the wider research community, and may include: pilot plants and demonstration sites, proof of concept and early stage financing, incubation facilities, applied research, specific industrial and technology transfer capabilities and cluster support. (Changes to 2.2.4)
Amendment 1963 #
2011/0276(COD)
Proposal for a regulation
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.5
Annex -I (new) – Part 2 – Section 2.2 – Paragraph 2.2.5
2.2.5 Joint support must be provided to national and regional authorities for the design and implementation of such innovation strategies, which may include: support to identify opportunities for joint financing of R&I infrastructures of European interest, the promotion of international collaboration, methodological support through peer reviews, open access strategies for publications and research data, exchange of good practice, and training across regions. (Changes to 2.2.5)