812 Amendments of Salvador SEDÓ i ALABART
Amendment 59 #
2013/2945(RSP)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the transformative power of accession negotiations between the Union and Turkey, which have provided Turkey with a clear reference for its reform process; stresses therefore the importance of credible negotiations based on a mutual commitment by Turkey and the Union to effective reforms furthering the democratic foundations of Turkish society, promoting fundamental values and producing positive change in the institutions, in legislation and, in the mentality of society; welcomes, therefore the opening of Chapter 22;
Amendment 63 #
2013/2945(RSP)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the full potential of EU- Turkey relations is best fulfilled within the framework of an active and credible accession process;
Amendment 73 #
2013/2945(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressWelcomes the importance of achieving a common understanding between Turkey and the EU on the relevance for both the EU and Turkey of the readmission agreement and the roadmap leading to visa liberalisation; recalls that Turkey is one of the key transit countries for irregular migration to the EU and therefore calls on Turkey to sign and implement the readmission agreement without further delay;agreement to sign and implement the readmission agreement staged in Ankara on December 2013 and calls on the Commission in parallel to take steps towards visa liberalisation and stresses the clear benefits of, with an aim to facilitatinge access to the EU for Turkish business people, academics, students and representatives of civil society;
Amendment 101 #
2013/2945(RSP)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned about the undermining of the separation of powers in the aftermath of the discovered alleged corruption cases and condemns the dismissal of police officers investigating the corruption cases; calls on the government to respect the rule of law and the independence of the judiciary and to actively support the investigations on corruption cases; is strongly concerned about the on-going defamation campaign against the Turkish Judiciary;
Amendment 111 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6
Paragraph 6
6. CommendsRegrets the dissolution of the Conciliation Committee for reaching consensus on 60 constitutional amendmentsafter the third absence of the Government's party without excuse and calls on its Memberall parties to continue their work on a new Constitution for Turkey as this is essential for the reform process in Turkey; stresses the importance of achieving consensus in the framework of the constitutional reform process on an effective system of separation of powers and an inclusive definition of citizenship; underlines that Turkey, as a Member State of the Council of Europe, could benefit from active dialogue with the Venice Commission on the constitutional reform process; stresses that the rules governing the election and composition of the High Council of Judges and Prosecutors should be fully in line with the criteria of the Venice Commission;
Amendment 132 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that the protests in Gezi Park testify both to the existence in Turkey of a vibrant civil society and also the need for further vital reforms on the promotion of fundamental values; highlights the importance of including civil society more structurally in the decision making process; deeply regrets the loss of life amongst the protesters and the police forces, the excessive use of force by the police and the violent acts by a number of protesters; welcomes the on-going administrative investigations launched by the Ministry of Interior and the inquiries by the Ombudsman into complaints related to the events in Gezi Park and expects them to fully address the concerns without delay; calls on Turkey to adopt adequate internal review procedures and to establish an independent supervisory body for police offences; is of the opinion that the Gezi Park events underline the need for far-reaching reforms in order to ensure respect for freedom of assemblyfact that since Gezi work on other major projects has continued without consultation and despite the opposition of a large section of the population concerned, including the construction of a road on the campus of the Middle East Technical University in Ankara and the third bridge over the Bosphorus;
Amendment 188 #
2013/2945(RSP)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reaffirms its support to the Commission’s new approach offor opening Chapters 23 (judiciary and fundamental rights) and 24 (justice and home affairs) early in the negotiation process and closing them at the end; stresses that delivering the official benchmarks for the opening of such Chapters to Turkey would provide a clear roadmap for and give a boost to the reform process; calls, therefore, on the Council to make renewed efforts for the opening of Chapters 23 and 24; calls on Turkey to cooperate as much as possible to this effect;
Amendment 230 #
2013/2945(RSP)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that social dialogue and involvement of social partners are vital for the development of a prosperous society; Underlines the importance of further progress in the areas of social policy and employment, in particular to remove all obstacles to the effective functioning of trade unions, to establish a national employment strategy, address undeclared work, widen the coverage of social protection mechanisms, and increase employment rates among women and people with disabilities; stresses the importance of opening Chapter 19 on social policy and employment in order to achieve fast progress in this area;
Amendment 7 #
2013/2188(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
– having regard to the Presidential Policy Directive/PPD-28 on Signals Intelligence Activities of 17th January 2014,
Amendment 8 #
2013/2188(INI)
Motion for a resolution
Citation 40 a (new)
Citation 40 a (new)
– having regard to the working document 1 on the US and EU Surveillance programmes and their impact on EU citizens fundamental rights,
Amendment 9 #
2013/2188(INI)
Motion for a resolution
Citation 40 b (new)
Citation 40 b (new)
– having regard to the working document 3 on the relation between the surveillance practices in the EU and the US and the EU data protection provisions,
Amendment 10 #
2013/2188(INI)
Motion for a resolution
Citation 40 c (new)
Citation 40 c (new)
– having regard to the working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation,
Amendment 11 #
2013/2188(INI)
Motion for a resolution
Citation 40 d (new)
Citation 40 d (new)
– having regard to the working document 5 on Democratic oversight of Member State intelligence services and of EU intelligence bodies,
Amendment 24 #
2013/2188(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in September 2001 the world entered a new phase which resulted in the fight against terrorism being listed among the top priorities of most governments; whereas the revelations based on leaked documents from Edward Snowden, former NSA contractor, put democratically electedput political leaders under an obligation to address the challenges of the increasing capabilities of intelligence agencies in surveillance activities and their implications for the rule of law in a democratic society;
Amendment 68 #
2013/2188(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, under the ECHR, Member States’ agencies and even private parties acting in the field of national security under certain circumstances also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other States; whereas this also goes for cooperation with other States’ authorities in the field of national security;
Amendment 72 #
2013/2188(INI)
Motion for a resolution
Recital R
Recital R
Amendment 74 #
2013/2188(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas the transfer of data is not geographically limited and especially in terms of increasing globalisation and worldwide communication the EU legislator is confronted with new challenges in terms of protecting personal data and communication, therefore it is of utmost importance to foster legal frameworks on common standards;
Amendment 75 #
2013/2188(INI)
Motion for a resolution
Recital R b (new)
Recital R b (new)
Rb. whereas the mass collection of personal data for commercial purposes and in the fight against terror and serious transnational crime put at risk the personal data and privacy rights of EU citizens;
Amendment 76 #
2013/2188(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the US data protection legal framework does notshould ensure an adequate level of protection for EU citizens;
Amendment 77 #
2013/2188(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas in its working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation of 12 December 2013 the Rapporteurs expressed doubts and concerns as to the adequacy of the Safe Harbour and called on the Commission to end the adequacy of Safe Harbour and to find new legal solutions;
Amendment 85 #
2013/2188(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;
Amendment 86 #
2013/2188(INI)
Motion for a resolution
Recital AK
Recital AK
Amendment 90 #
2013/2188(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that since the entry into force of the TFTP Agreethe US government (the NSA is in that sense considered part of the government it) hads not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any obeen collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US government body or departDepartment of the Treasury did not comment or n whether the US administrationor not it was aware of NSA mass surveillance activities; whereas on 18 Dec24 September 2013 Mr Glenn GreenwEuropol and SWIFT officialds stated before the LIBE Committee inquiry that the NSA and GCHQ had targeted SWIFT networksre were no indications for a breach of the TFTP Agreement by the NSA;
Amendment 93 #
2013/2188(INI)
Motion for a resolution
Recital AP
Recital AP
AP. whereas the Joint Review fails to mention the fact that iArticle 13 of the agreement between the United States of America and the European Union on the cause of proceassieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;
Amendment 94 #
2013/2188(INI)
Motion for a resolution
Recital AR
Recital AR
AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;
Amendment 95 #
2013/2188(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas this agreement should provide for clear and precise legally binding data- processing principles and should in particular recognise EU citizens’' right to judicial access, rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data- processing activities;
Amendment 124 #
2013/2188(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that recent revelations in the press by whistleblowers and journalists, together with the expert evidence given during this inquiry, have resulted in compelling evidence of the existence of far-reaching, complex and highly technologically advanced systems designed by US and some Member States’ intelligence services to collect, store and analyse communication and location data and metadata of all citizens around the world on an unprecedented scale and in an indiscriminate and non-suspicion-based manner; recalls the importance of strengthening the existing structures in the Member States against mass surveillance; therefore considers of utmost importance a decentralised structure for the purpose of data retention;
Amendment 127 #
2013/2188(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points specifically to US NSA intelligence programmes allowing for the mass surveillance of EU citizens through direct access to the central servers of leading US internet companies (PRISM programme), the analysis of content and metadata (Xkeyscore programme), the circumvention of online encryption (BULLRUN), access to computer and telephone networks and access to location data, as well as to systems of the UK intelligence agency GCHQ such as its upstream surveillance activity (Tempora programme) and decryption programme (Edgehill); believes that the existence of programmes of a similar nature, even if on a more limited scale, is likely in other EU countries such as France (DGSE), Germany (BND) and Sweden (FRA);
Amendment 135 #
2013/2188(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. States that trust has been profoundly shaken: trust between the two transatlantic partners, trust among EU Member States, trust between citizens and their governments, trust in the respect of the rule of law, and trust in the security of IT services and communication; believes that in order to rebuild trust in all these dimensions a comprehensive plan is urgently neededof the utmost urgency;
Amendment 142 #
2013/2188(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;
Amendment 152 #
2013/2188(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Questions the compatibility of some Member States’ mapossivble economic espionage activities with the EU internal market and competition law as enshrined in Title I and Title VII of the Treaty on the Functioning of the European Union; reaffirms the principle of sincere cooperation as enshrined in Article 4 paragraph 3 of the Treaty on European Union and the principle that the Member States shall ‘refrain from any measures which could jeopardise the attainment of the Union’s objectives’;
Amendment 157 #
2013/2188(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 161 #
2013/2188(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is adamant that secret laws, treaties and courts violate the rule of law; pPoints out that any judgment of a court or tribunal and any decision of an administrative authority of a non-EU state authorising, directly or indirectly, surveillance activities such as those examined by this inquiry may not be automatically recognised or enforced, but must be submitted individually to the appropriate national procedures on mutual recognition and legal assistance, including rules imposed by bilateral agreements;
Amendment 165 #
2013/2188(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments; considers that, since internet and mobile devices are everywhere in modern daily life (‘'ubiquitous computing’') and the business model of most internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person, the scale of this problem is unprecedented;
Amendment 167 #
2013/2188(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regards it as a clear finding, as emphasised by the technology experts who testified before the inquiry, that at the current stage of technological development there is no guarantee, either for EU public institutions or for citizens, that their IT security or privacy can be protected from intrusion by well-equipped third countries or EU intelligence agencies (‘no 100% IT security’); notes that this alarming situation can only be remedied if Europeans are willing to dedicate sufficient resources, both human and financial, to preserving Europe’'s independence and self-reliance;
Amendment 172 #
2013/2188(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Strongly rejects the notion that these issuall issues related to mass surveillance programmes are purely a matter of national security and therefore the sole competence of Member States; recalls a recent ruling of the Court of Justice according to which ‘although it is for Member States to take the appropriate measures to ensure their internal and external security, the mere fact that a decision concerns State security cannot result in European Union law being inapplicable’38 ; recalls further that the protection of the privacy of all EU citizens is at stake, as are the security and reliability of all EU communication networks; believes therefore that discussion and action at EU level is not only legitimate, but also a matter of EU autonomy and sovereignty; __________________ 38 No 1 BvR 518/02 of 4 April 2006. No 1 BvR 518/02 of 4 April 2006.
Amendment 190 #
2013/2188(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the US authorities and the EU Member States to prohibit blanket mass surveillance activities and bulkmass processing of personal data for intelligence;
Amendment 205 #
2013/2188(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on certain EU Member States, including the UK, Germany, France, Sweden and the Netherlands, to revise whereif necessary their national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a ‘complex interaction’ between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;
Amendment 215 #
2013/2188(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States immediately to fulfil their positive obligation under the European Convention on Human Rights to take measures to protect their citizens from surveillance contrary to its requiremenwhich violates human rights, including when the aim thereof is to safeguard national security, undertaken by third states and to ensure that the rule of law is not weakened as a result of extraterritorial application of a third country’s law;
Amendment 217 #
2013/2188(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on Member States to take appropriate action immediately, including court action, against the breach of their sovereignty, and thereby the violation of general public international law, perpetrated through the mass surveillance programmes; calls further on EU Member States to make use of all available international measures to defend EU citizens’' fundamental rights, notably by triggering the inter-state complaint procedure under Article 41 of the International Covenant on Civil and Political Rights (ICCPR);
Amendment 219 #
2013/2188(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;
Amendment 223 #
2013/2188(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that the companies identified by media revelations as being involved in the large-scale mass surveillance of EU data subjects by US NSA are companies that have self-certified their adherence to the Safe Harbour, and that the Safe Harbour is the legal instrument used for the transfer of EU personal data to the US (Google, Microsoft, Yahoo!, Facebook, Apple, LinkedIn); expresses its concerns on the fact that these organisations admitted that they do not encrypt information and communications flowing between their data centres, thereby enabling intelligence services to intercept information39 ; welcomes in this regard the subsequent efforts by some US companies to accelerate plans to encrypt data flows among their global data centres; __________________ 39 The Washington Post, 31 October 2013.
Amendment 246 #
2013/2188(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;
Amendment 264 #
2013/2188(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Asks for an immediate resumption of the negotiations with the US on the ‘'Umbrella Agreement’', which should provide for clearput rights for EU citizens on an equal footing with rights for EUS citizens and, moreover the agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;
Amendment 265 #
2013/2188(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Asks the Commission and the Council not to initiate any new sectorial agreements or arrangements for the transfer of personal data for law enforcement purposes with the US as long as the ‘'Umbrella Agreement’' has not entered into force;
Amendment 270 #
2013/2188(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Recalls that the concepts of 'privacy by design' and 'privacy by default' are a strengthening of data protection and should be the guidelines for all products, services and systems provided in the internet;
Amendment 271 #
2013/2188(INI)
Motion for a resolution
Paragraph 52 b (new)
Paragraph 52 b (new)
52b. Considers higher transparency and safety standards for online and telecommunication as a necessary principal towards a better data protection regime, therefore calls on the Commission to bring forward a legal proposal on standardized general terms and conditions for online and telecommunications and to mandate a supervisory body to monitor the compliance of the general terms and conditions;
Amendment 277 #
2013/2188(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its serious concerns about the compulsory direct disclosure of EU personal data of EU citizens and information processed under cloud agreements to third-country authorities by cloud providers subject to third-country laws or using storage servers located in third countries, and about direct remote access to personal data and information processed by third-country law enforcement authorities and intelligence services; suggests the creation of a reliable EU cloud, or if necessary a "Schengen cloud", as an useful tool in strengthening EU based IT systems against external threats; relaying on binding legal provisions ensuring that cloud data must be processed within in EU territory and without leaving EU borders;
Amendment 297 #
2013/2188(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will only consent to the final TTIP agreement provided theand distinguishes clearly the TTIP negotiations from revelations on the US NSA mass surveillance programme; however the TTIP agreement shall fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS;
Amendment 336 #
2013/2188(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Europol Joint Supervisory Body, together with national data protection authorities, to conduct a joint inspectionreview before the end of 2014 in order to ascertain whether information and personal data shared with Europol has been lawfully acquired by national authorities, particularly if the information or data was initially acquired by intelligence services in the EU or a third country, and whether appropriate measures are in place to prevent the use and further dissemination of such information or data;
Amendment 339 #
2013/2188(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on Europol to ask the competent authorities of the Member States, in line with its competences, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny; calls on the Commission review the activities of the European Cybercrime Centre and to put forward if necessary a proposal for a comprehensive framework for strengthening the competences of the European Cybercrime Centre;
Amendment 347 #
2013/2188(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 352 #
2013/2188(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 366 #
2013/2188(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Takes the view that the mass surveillance revelations that have initiated this crisis can be used as an opportunity for Europe to take the initiative and build up an autonomous IT key-resource capability for the mid term; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services; therefore urges the Commission to review the current public procurement directives with regard to data based public procurement, in particular in the research sector; and to restrict public procurement only to certified companies; and only to EU companies if security interests or vital are involved;
Amendment 371 #
2013/2188(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Calls on all the Members States, the Commission, the Council and the European Council to address the EU’s dangerou's lack of autonomy in terms of IT tools, companies and providers (hardware, software, services and network), and encryption and cryptographic capabilities;
Amendment 378 #
2013/2188(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Points out that both telecom companies and the EU and national telecom regulators have clearly neglected the IT security of their users and clients; calls on the Commission to make full use of its existing powers under the ePrivacy and Telecommunication Framework Directive to strengthen the protection of confidentiality of communication by adopting measures to ensure that terminal equipment is compatible with the right of users to control and protect their personal data, and to ensure a high level of security of telecommunication networks and services, including by way of requiring state-of-the-art encryption of communications;
Amendment 383 #
2013/2188(INI)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Calls for the promotion of - EU search engines and EU social networks as a valuable step in the direction of EU's IT independency; - European IT-service provider; - encrypting communication in general including e-mail and sms communication; - European IT-key elements, for instance solutions for client-server-operating system, using open source standards, developing European elements for grid coupling, e.g. router;
Amendment 384 #
2013/2188(INI)
Motion for a resolution
Paragraph 84 b (new)
Paragraph 84 b (new)
84b. Calls on the Commission to present a proposal for a system of product certifying for hard- and software, because there is no structure in the EU for scrutinising hard- and software products regarding backdoors;
Amendment 391 #
2013/2188(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;
Amendment 397 #
2013/2188(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Believes that ENISA should play a key role in securing European communication systems, therefore calls on the Commission, to present a legal proposal for the reform of ENISA, to strengthen its role in defending the internal systems within the EU institutions and to establish within ENISA's structure a Competent Emergency Response Team (CERT) for the EU and its Member States; in this regard recommends to consider a move of ENISA to Brussels;
Amendment 429 #
2013/2188(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Calls on the Commission to present a legal proposal for a EU-routing-system; a EU processing of call detail record (CDR); notes that all routing data and CDR should be processed in accordance with EU legal frameworks and without leaving the EU borders;
Amendment 454 #
2013/2188(INI)
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106 a. Calls on the Commission to present an action plan for the establishment of a Single European Digital Area (SEDA), including commercial data, data used for law enforcement and intelligence purposes;
Amendment 464 #
2013/2188(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Is aware that some EU Member States are pursuing bilateral communication with the US authorities on spying allegations, and that some of them have concluded (United Kingdom) or envisage concluding (Germany, France) so-called ‘'anti-spying’' arrangements; underlines that these Member States need to observe fully the interests of the EU as a whole; therefore calls for a EU no-spy-agreement between Member States and a no-spy-agreement with third countries including an obligation for no spying on politicians, research and economy;
Amendment 468 #
2013/2188(INI)
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109a. Considers tap-proof communication structures (email and telecommunications, including landlines and cell phones) and tap-proof meeting rooms within all relevant EU institutions and EU delegations as absolutely necessary; therefore calls for the establishment of an encrypted internal EU email-system;
Amendment 472 #
2013/2188(INI)
Motion for a resolution
Paragraph 109 b (new)
Paragraph 109 b (new)
109b. Calls on the European Parliament to implement in its rules of procedure a structure for inquiry committees with equal competences as implemented in some Member States by their national parliaments;
Amendment 495 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 4
Paragraph 114 – point 4
Action 4: Suspend the TFTP agreement until (i) the Umbrella Agreement negotiations have been concluded; (ii) a thorough investigation has been concluded on the basis of an EU analysis, and all concerns raised by Parliament in its resolution of 23 October have been properly addressedto conclude the on-going negotiations on a data protection agreement for law enforcement purposes ("umbrella agreement") soon as possible;
Amendment 501 #
2013/2188(INI)
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Action 5: Protect the rule of law and, the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;
Amendment 514 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 1
Paragraph 115 – point 1
April-July 2014: a monitoring group based on the LIBE inquiry team responsible for monitoring any new revelations in the media concerning the inquiry’'s mandate and scrutinising the implementation of this resolution;
Amendment 518 #
2013/2188(INI)
Motion for a resolution
Paragraph 115 – point 4
Paragraph 115 – point 4
Amendment 1 #
2013/2181(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the inclusion of the Mediterranean diet in the UNESCO Representative List of the Intangible Cultural Heritage of Humanity of 16 November 2010 and of 4 December 2013,
Amendment 2 #
2013/2181(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to the inclusion of the gastronomic meal of the French in the UNESCO Representative List of the Intangible Cultural Heritage of Humanity (Decision 5.COM 6.14),
Amendment 13 #
2013/2181(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas different countries have, through different domestic bodies, pushed through recognition of the Mediterranean diet as part of UNESCO’s Intangible Cultural Heritage, resulting in the promotion and establishment of patterns of behaviour that ensure a healthy lifestyle, by adopting a holistic approach that takes into account aspects relating to education, food, school, family life, nutrition, territory, landscape, etc.;
Amendment 15 #
2013/2181(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the European ‘Food at Schools’ programmes seek to ensure that the food served in school canteens includes all the necessary elements of a balanced diet; whereas education in the broadest sense of the term, including in the area of food, consolidates the notion of a healthy life style based on a balanced diet among schoolchildren;
Amendment 16 #
2013/2181(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Mediterranean diet offers a balanced and healthy combination of eating habits and lifestyle that is directly related to the prevention of chronic illnesses and health promotion in both the school and family environment;
Amendment 30 #
2013/2181(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas UNESCO’s recognition of the Mediterranean diet as an intangible cultural heritage is important because it considers this to be a set of knowledge, skills, practices, rituals, traditions and symbols that are related to agricultural crops, fisheries and livestock farming, and with methods of conserving, processing, cooking, sharing and eating food;
Amendment 36 #
2013/2181(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas the Mediterranean diet promotes local production and the consumption of Mediterranean foods, and encourages sustainable agriculture and healthy lifestyle practices, while also playing a vital role in fostering social cohesion at cultural arena, festivals and celebrations by bringing together people of all ages and social classes and conditions;
Amendment 37 #
2013/2181(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. Whereas the European heritage is made up of a set of tangible and intangible elements and, in the case of gastronomy and food, it is also formed by the territory and landscape from which the products for consumption originate;
Amendment 40 #
2013/2181(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asks the Member States to include the study and sensory experience of food, nutritional health and dietary habits in curricula, as a means of improving the health and wellbeing of the population;
Amendment 74 #
2013/2181(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the boost given by the recognition of the Mediterranean diet and the gastronomic meal of the French as an Intangible Cultural Heritage of Humanity by UNESCO has led to the creation of institutions and bodies promoting knowledge, practice and education in the values and habits of a healthy and balanced diet;
Amendment 79 #
2013/2181(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need to create awareness of the diversity and quality of the territory, landscape and products that are the basis of Europe’s gastronomy, which forms part of our cultural heritage and also constitutes a unique and internationally recognised lifestyle;
Amendment 87 #
2013/2181(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that the Mediterranean diet is a living and dynamic intangible cultural heritage that gives an identity and sense of belonging to the Mediterranean people and the whole of European society;
Amendment 89 #
2013/2181(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes initiatives to promote Europe’s gastronomic heritage, such as local and regional gastronomic fairs and festivals; that reinforce the concept of proximity as an element in respect for the environment and our surroundings and guarantee greater consumer confidence;
Amendment 92 #
2013/2181(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the Mediterranean diet highlights the values of hospitality, good neighbourly relations, intercultural dialogue and creativity, as well as being a way of life guided by respect for diversity;
Amendment 97 #
2013/2181(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Member States and the Commission to develop the cultural aspects of gastronomy and the Mediterranean diet and to promote eating habits which can maintainpresent consumer health while at the same time retaining the pleasure associated with eating;
Amendment 104 #
2013/2181(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports such initiatives as may be developed by Member States and their regions to promote and preserve the territory, landscape and all the products that make up their local gastronomic heritage;
Amendment 110 #
2013/2181(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends to the Commission that it include European gastronomy and the Mediterranean diet in its cultural initiatives and programmes;
Amendment 4 #
2013/2155(INI)
Motion for a resolution
Recital D
Recital D
D. whereas secrecy and discretion belong to an era when Europe was built by diplomats and civil servants; whereas transparency is essential to a democratic political union of citizens in which they can fully participate in the democratic process; whereas transparent administration benefits the interests of citizens, the fight against corruption and the legitimacy of the Union’s political system and legislation;
Amendment 9 #
2013/2155(INI)
Motion for a resolution
Recital E
Recital E
Amendment 8 #
2013/2146(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that in such a geopolitical climate, the EU must preserve and promote its values, interests and stability on the global stage, as well as protect the security and prosperity of its citizens; stresses that this demands a fresh approach to shaping a new multipolar world orderscenario that is inclusive, credible and cooperative, and underpinned by the rule of law and democracy, as well as universal values, including human rights;
Amendment 16 #
2013/2146(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the CA is today considered by all relevant international actors (including multilateral organisations and states) to be the best way to frame an efficient response to multidimensional crisemergencies, directly coming from the recognition of the fact that attempting to bring stability by means solely of a single approach (military, in some recent cases) is most likely to fail;
Amendment 31 #
2013/2146(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 41 #
2013/2146(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that special attention must be paid to respecting the principles of humanitarian aidction (independence, impartiality, neutrality); believes that safe access to affected populations and especially the security of humanitarian workers depend above all on how they are perceived by influential actors in the field, and that they should be seen as independent from any partisan political consideration; points out, however, that the Commission’s humanitarian aid and civil protection (ECHO) servicedepartment is still part of a political organisation – the EU – and, consequently, strongly believes that more should be done to enhance cooperation and coordination between ECHO and the EEAS, both at the level of Commissioners and services and at field level, for instance between ECHO field offices and EU delegations;
Amendment 44 #
2013/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the CA must be rooted in a vision shared by all EU actors of the evolving strategic context in which EU action takes place; calls, therefore, for more regular and transparent information- sharing, policy co-ordination and teamwork between EU actors through all phases of EU action; calls, further, for the development of formal structures in which those exchanges could take place and where early warning, situation analysis and crisisemergency and post-crisisemergency monitoring could be conducted, potentially integrating existing structures (such as the EU SitRoom, the Emergency Response Coordination Centre and ARGUS); reiterates the need for a ‘Crisis Response Board’ within the EEAS, to be chaired by the HR/VP and bringing together all actors relevant to crisis management;
Amendment 65 #
2013/2146(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes, in particular, the EU’s Strategic Framework for the Horn of Africa, which aims to bring stability to this strategic region by fighting piracy and its underlying causes, establishing legitimate authorities in Somalia and promoting regional cooperation through the simultaneous use of the EU’s external instruments, in cooperation with relevant partners in the field; recalls, however, that EU action in the region has been built up on the basis of pioneering CSDP initiatives (namely EUNAVFOR Atalanta and EUTM Somalia) that have then been followed by other EU instruments, making the CA in the Horn of Africa more of an ex-post empirical and pragmatic achievement rather than a well-designed and planned strategy; believes strongly that, in future, EU strategies must, if possible, be drawn up before the EU engages in a region, not after;
Amendment 71 #
2013/2146(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is convinced that, in cases where crisomplex emergencies cannot be avoided, the EU must be able to plan and deploy the appropriate civilian and military assets, as well as mobilise complementary EU instruments, rapidly and effectively across the whole spectrum of crisis management operations, including in cases of humanitarian crise disasters; calls for the implementation of the relevant Treaty articles in the field of rapid response, including Article 44 TEU; underlines, in that context, the need for political and security experts within the relevant EU delegations;
Amendment 51 #
2013/2135(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security of supply, sustainable growth, competitiveness and climate objectives are of the utmost importance for the EU, are inextricably linked and must be addressed and considered on an equal footing;
Amendment 190 #
2013/2135(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the 2013 climate and Energy policies need to reach balance between the climate commitments and the present economic and social issues;
Amendment 199 #
2013/2135(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas studies indicate that improving energy efficiency reduces costs and that benefit as much to industry as to citizen.
Amendment 205 #
2013/2135(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas it has been demonstrated that the biggest potential for cost-effective energy savings lies within the building;
Amendment 296 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses to set a binding target that guarantees energy savings and it estimates to calculate it taking on bottom- up sectoral savings to improve the economy.
Amendment 416 #
2013/2135(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that increased energy efficiency and energy savings will play an essential role in the decarbonisation of the energy sector; providing greater and cheaper GHG emissions reductions
Amendment 177 #
2013/2129(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all crimes against humanity and the totalitarian and dictatorial regimes which left a bloody stain on our history;
Amendment 190 #
2013/2129(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Pays tribute to all the heroes and victims, known and unknown, who, acting out of a profound sense of humanism and faithfulness to their values, opposed the totalitarian and dictatorial regimes and demonstrated their humanity, often paying with their own lives;
Amendment 273 #
2013/2129(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the proposal for a Platform of European Memory and Conscience, the aim of which is to establish an international judicial body to deal with the most serious crimes of the Communist and Fascist dictators;
Amendment 319 #
2013/2129(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on Member States to facilitate access to documents that reflect the suffering and human rights violations inflicted on large numbers of Europeans during our continent's darkest episodes;
Amendment 342 #
2013/2129(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports citizens’ initiatives and non- governmental organisations, including those outside the EU, which are actively engaged in researching the history of nations and gathering documents on the crimes committed under totalitarianism and dictatorships, and supports transnational partnerships and networks with the aim of promoting mutual relations between EU citizens; supports, in that context, cooperation between Member States and countries covered by the European Neighbourhood Policy;
Amendment 39 #
2013/2098(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a territorial project will also help the territory concerned to stand out in contrast to globalisation, enabling it to foster and accentuate its competitive advantages over other territories;
Amendment 53 #
2013/2098(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Also considers that businesses, organisations, and every other local actor should be encouraged to adopt a system making for continuous improvement in terms of management and standards of social responsibility, helping to enhance their own competitiveness while enhancing the competitiveness of the territory;
Amendment 74 #
2013/2098(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5. Notes that, although territorial quality branding is intended to drive a territorial value creation process seeking to encompass products and services within a perspective of identity and social responsibility and to complement, by forming a unified whole and generating synergies with, the existing origin-related agri-foodstuff quality labelling schemes, branding of this kind goes further in that it applies across the board to all products, goods, and services in a given territory and to the management model used by businesses, institutions, and local actors in that territory;
Amendment 128 #
2013/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the involvement of all relevant stakeholders, including training and education providers, local and regional authorities, individual employers, public and private employment services, social partners, third-sector organisations, and health and other authorities, is essential for the successful implementation of a variety of measures fostering youth employment and employability in an integrated fashion; emphasises that measures must be flexible so as to meet the continuously evolving needs on the labour market;
Amendment 174 #
2013/2045(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States to boost their support for enterprises, cooperatives, local and regional authorities and third- sector organisations wishing to participate in Youth Guarantee schemes in close cooperation with public and private employment services, including through tax incentives, subsidies for fixed employment costs, and the possibility of accessing funding for on-site training, which will support enterprises in providing high-quality employment and training offers, and will represent an investment in young people's potential in an effective and targeted way;
Amendment 195 #
2013/2045(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to draw up, in cooperation with local and regional authorities and economic and social actors, further specific outreach strategies targeted on NEETs, which should combine effective forms of intervention aimed at tackling early school-leaving and the reintegration of early school-leavers with strategies facilitating a smooth transition from education to work, and an increase in the employability of young people, together with the removal of the practical and logistical barriers faced by young people with more complex needs;
Amendment 218 #
2013/2045(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the European Commission to include specific measures addressed to combat youth unemployment in all its programmes, taking into account a global and integrated vision according to the emblematic initiative "Youth on the Move" in the Europe 2020 Strategy;
Amendment 220 #
2013/2045(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the key role that the European Social Fund should have to combat youth unemployment, and calls on the Member States and Managing Authorities in all Operational Programmes to include measures aimed to achieve this goal;
Amendment 258 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships, including measures of mobility to other countries in the European Union and all over the world, backed up by financial support and mandatory monitoring, as well as a common quality standard for traineeships and work placements; stresses that active promotion and awareness- raising in respect of such programmes is needed among entrepreneurs;
Amendment 271 #
2013/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the Alliance for Apprenticeship should also support European and nation, national, regional and local campaigns for changing perceptions of vocational education, and should organise a regular forum for discussions on the monitoring of the European apprenticeship strategy with all relevant European and nation, national, regional and local stakeholders; stresses that incentives should also be provided to facilitate funding for crossborder training activities enabling companies and social partner organisations to become involved in establishing dual education systems;
Amendment 283 #
2013/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to foster the mobility of young workersemployment opportunities for young people firstly in their territory, and complement this through facilitating the mobility of young workers to other EU countries and the rest of the world, through measures that help enhance their training and experience, and by means of further progress towards the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as by continuing to invest substantially in language learning;
Amendment 289 #
2013/2045(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the European Commission and the Member States to guarantee policies with measures to facilitate the return of young people to their countries of origin preventing "brain drain" and the loss of human capital.
Amendment 294 #
2013/2045(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, and where necessary, to reform public employment services so as to better target their activities and approaches on young people; stresses that raising of awareness of EURES is needed so as to increase its visibility and availability, as a career advice system that supports students in becoming more aware of their aspirations and capabilities, as well as of existing job opportunities. Additionally, calls for a greater coordination between EURES and other portals and services for citizens and business (i.e.Europe Direct information points or the European Enterprise Network for SMEs), for greater efficiency and effectiveness of the services provided;
Amendment 56 #
2013/2004(INL)
Motion for a resolution
Recital K
Recital K
K. whereas no single intervention will eliminate violence against women, but a combination of infrastructural, legal, judicial, enforcement, educational, social awareness raising, health, and other service-related actions can significantly reduce it and its consequences;
Amendment 121 #
2013/2004(INL)
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence may result in physical, sexual, emotional or psychological harm, orand economic or social losses, to the victim;
Amendment 122 #
2013/2004(INL)
Motion for a resolution
Recital L
Recital L
L. whereas women in the Union are not equally protected against male violence, due to differing policies and legislation across Member States, and are therefore more vulnerable;
Amendment 42 #
2013/0309(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) The processing of personal data referred to in 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 should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.24a __________________ 24a O. J. L 008 , 12/01/2001 P. 0001 – 0022
Amendment 44 #
2013/0309(COD)
Proposal for a regulation
Recital 80 a (new)
Recital 80 a (new)
(80a) This Regulation respects the principles and provisions of EU legislation on Data Protection.
Amendment 179 #
2013/0309(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is necessary to ensure that in similar circumstances there is no discrimination in the treatment of any European electronic communications provider by different Member States and that consistent regulatory practices are applied in the single market, in particular as regards measures falling within the scope of Articles 15 or 16 of Directive 2002/21/EC, or Articles 5 or 8 of Directive 2002/19/EC. European electronic communications providers should therefore have a right to equal treatment by the different Member States in objectively equivalent situations in order to enable more integrated multi- territorial operations. Furthermore, there should be specific procedures at Union level for the review of draft decisions on remedies within the meaning of Article 7a of Directive 2002/21/EC in such cases, in order to avoid unjustified divergences in obligations applicable to European electronic communications providers in different Member States.
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 315 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to promote sustainable competition within the single market and the global competitiveness of the Union, and to reduce sector-specific market regulation accordingly as and when these objectives are achieved;
Amendment 414 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equalobjectivity, transparency and non- discriminatory treatment between existing and potential operators and between European electronic communications providers and other undertakings.
Amendment 427 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. National competent authorities shall ensure that information is available on authorisation conditions and procedures for the use of radio spectrum, and allow stakeholders to present their views during the process.
Amendment 10 #
2012/2870(RSP)
Motion for a resolution
Citation 8
Citation 8
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 after the Council had approved the Negotiating Framework, and that the opening of such negotiations is the starting point for a long-lasting and open- ended process based on fair and rigorous conditionality and the commitment to reform,
Amendment 102 #
2012/2870(RSP)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Council decision to invite the Commission to take steps towards visa liberalisation as a gradual and long term perspective, in parallel with the signature of the readmission agreement; urges Turkey to sign and implement the readmission agreement without further delay and to ensure that, until this agreement enters into force, existing bilateral agreements are fully implemented; recalls that Turkey is one of the key transit countries for illegal migration to the EU and underlines the need to intensify cooperation with the EU on migration management, the fight against human trafficking and border controls; stresses once again the importance of facilitating access to the EU for business people, academics, students and representatives of civil society from Turkey; supports the efforts of the Commission and the Member States to implement the visa code, harmonise and simplify visa requirements and create visa facilitating centres in Turkey; Reminds the Member States of their commitments under the association agreement in line with the Soysal Ruling of the European Court of Justice of 19 February 2009;
Amendment 207 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Law on the protection of family and prevention of violence against women; commends the National Action Plan to combat Violence against Women (2012-2015) and stresses the need to enforce it effectively nationwide; calls on the Ministry for Family and Social Policies to continue its efforts to increase the number and quality of shelters for women and minors in danger; stresses the importance to provide women who have been victims of violence with concrete alternatives and self-sustainment prospects; urges Turkey to continue to step up its preventive efforts at all levels in the fight against ‘honour killings’, domestic violence and the phenomenon of forced marriages and child brides; calls on the Ministry to continue to actively promote women's participation in the labour market, which remains low, in politics and at senior level in the administration and the private sector, if necessary by foreseeing reserved quotas;
Amendment 46 #
2012/2263(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the adoption by the Commission of an action plan on unaccompanied minors; deplores, however, the fact that the Commission's approach is not based more on protecting the fundamental rights of such minors and of the Mid- term report on the implementation of the Action Plan on Unaccompanied Minors' (COM(2012)0554;
Amendment 56 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact pointsand sharing information, and to make better use of the existing tools available to collect statistics data at the European level, such as Fronted and EASO;
Amendment 70 #
2012/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the important role of civil society in the readmissions of unaccompanied minors in third countries; calls thus on Member States to increase cooperation also with local and international non governmental partners in the Country of origin in order to ensure safe returns for children.
Amendment 72 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 82 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States' authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity.
Amendment 116 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on Member States to share best practices on child friendly tools to clarify to the children the procedures and their rights;
Amendment 145 #
2012/2263(INI)
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. CIn order to ensure consistency and equal standards in the protection of unaccompanied minors within the EU, calls on Member States to give unaccompanied minors, irrespective of their status and under the same conditions as children who are nationals of the host country:
Amendment 176 #
2012/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the border; recalls also that the State responsible forpackage concerning unaccompanied minors; calls on Member States to make the necessary legislative and asylum application by an unaccompanied mdministrative reforms in or should always be the State of the most recent asylum applicationder to implement it effectively;
Amendment 181 #
2012/2263(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that any decision concerning unaccompanied minors should be on the basis of an individual assessment and in respect of the best interest of the child;
Amendment 32 #
2012/0366(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36 .
Amendment 44 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The Commission should carefully monitor the use of water-pipe tobacco by young people as there is increasing evidence of their use beyond the traditional, older market;
Amendment 54 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed through appropriate packaging and labelling of such products and by informing consumers about its harmfulness, so that the consumer is fully aware of the consequences of consumption of the product.
Amendment 70 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use42 provides a legal framework to assess the quality, safety and efficacy of medicinal products including n. Nicotine containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account other than the tobacco products covered by this directive should be regulated under the niupcotmine content of the product in question. Subjecting all nicotine-containing products, whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under Directive 2001/83/EC, to the same legal framework clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilledg review of the pharmaceutical package with the purpose of informing and protecting consumers. The revision may include provisions allowing to market nicotine containing products with lower risk and a positive risk/benefit balance and which can help consumers to quit smoking as consumer products, provided they feature an adapted health warning.
Amendment 101 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited towith the exception of menthol, including fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 119 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) "Tobacco products with lower risk" means a tobacco product that is designed and marketed to reduce the risks of smoking compared to conventional tobacco products, especially cigarettes, which is placed on the market after the entry into force of this Directive.
Amendment 161 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavourdditives that give a dominant flavour that differs from that of tobacco, taking the provisions of paragraph 2 into account.
Amendment 167 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Amendment 171 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1, based on scientific evidence. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 172 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 175 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 182 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
a) vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or
Amendment 183 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
b) caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or
Amendment 184 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibit the use of flavouringsthe additives indicated in paragraphs 1 and 4 in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 194 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 7 – subparagraph 1
Article 6 – paragraph 7 – subparagraph 1
Member States shall, based on scientific evidence, restrict or, if appropriately justified, prohibit the placing on the market of tobacco products with additives in quantities that increase in an appreci measurable manner at the stage of consumption the toxic or addictive effect of a tobacco product.
Amendment 199 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 204 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report. , at the request of a Member State or on its own initiative, be able to determine by means of delegated acts whether or not to withdraw this exemption if there is a substantial change of circumstances involving an increase in sales volume by product category of at least 20% in the ten largest Member State markets by volume. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall not apply in the case of new tobacco products regulated in Article 17.
Amendment 216 #
2012/0366(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to ensure their graphic integrity and visibility, and without prejudice to the labelling provisions in Article 10 and 11, health warnings shall be irremovably printed, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
Amendment 220 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm. For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 234 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 262 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 263 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
Article 9 – paragraph 1 – point g – point i
(i) height: not less than 6450 mm;
Amendment 281 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Tobacco for smoking other than cigarettes and roll-your-own tobacco shall be exempted from the obligations to carry the information message laid down in Article 8(2) and the combined health warnings in Article 9in Articles 8 and 9. Each unit packet of tobacco for smoking other than cigarettes and roll- your-own tobacco shall carry the general text warning "Smoking kills / Smoking kills – Stop now". In addition to the general text warning specified in Article 8(1), each unit packet and any outside packaging of these products shall carry a text warning listed in Annex I. The general text warning specified in Article 8(1) shall include a reference to the cessation services in accordance with Article 9(1)(b).
Amendment 283 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general text warning shall be printed on the most visible surface of the unit packet and any outside packaging with the exception of transparent packaging used in retail sales. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed on the other most visible surface of the unit packet and any outside packaging with the exception of transparent packaging used in retail sales.
Amendment 287 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The text warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging, with the exception of transparent packaging used in retail sales. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
Amendment 288 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
In the case of unit packets whose most visible surface exceeds 75 cm2, the warnings referred to in paragraphs 2 and 3 shall cover an area of at least 22.5 cm2 on each surface. That area shall be increased to 24 cm2 for Member States with two official languages and to 26.25 cm2 for Member States with three official languages.
Amendment 290 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. The general text warning and the text warning referred to in paragraph 1 shall be:
Amendment 292 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) printed in black Helvetica bold type on a white background. The warnings may be displayed by means of stickers, provided that such stickers cannot be removed. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportionart of the area set aside for the text required;
Amendment 296 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printed or irremovably affixed, parallel to the top edge of the unit packet and any outside packaging;
Amendment 300 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 313 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 317 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 333 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 334 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Paragraph 2 shall not apply to trademarks that existed as at 19 December 2012.
Amendment 338 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 341 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have cuboid or cylindrical shape, or have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 420 g.
Amendment 344 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 353 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 362 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 364 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The unique identifier referred to in paragraph 1 shall allow determining:
Amendment 384 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities:prohibit cross- border distance sales.
Amendment 385 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 386 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 387 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 388 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 389 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 390 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 391 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 395 #
2012/0366(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Amendment 397 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall conduct a market approval system for tobacco products with a lower risk which shall be carried out for a reasonable fee. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco products and for all tobacco products with a lower risk they intend to place on the markets of the Member States concerned. The notif by means of an application. This application shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question, all proposed labelling, conditions of use, the product composition, manufacturing and control processes as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco productapplying for a marketing authorization for tobacco products with a lower risk shall also provide the competent authorities in question with:
Amendment 399 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) availablerelevant scientific studies on the toxicity, addictiveness and attractiveness of the product, in particular as regards its ingredients and emissions;
Amendment 400 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) available studies and market research on the perception and use of the product including labelling by consumers as well as to the preferences of various consumer groups, includingespecially young people and
Amendment 401 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 402 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall require that manufacturers and importers of tobacco products inform their competent authorities of any new or updated information referred to in point (a) to (c) of paragraph 1make available to the Commission all information received pursuant to this Article. Member States shall be entitabled to require tobacco manufactureradopt packaging and labelling rules for importers to carry out additional tests or submit additional information. Member States shall make available to the Commission all information received pursuant to this Article. Member States shall be entitled to introduce an authorisation system and charge a proportionate feeall new tobacco products authorised as reduced-risk products which may differ from the requirements laid down by this Directive, and they shall notify the Commission of these rules.
Amendment 407 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. NExcept where authorised under the provisions of paragraph 2 of this Article, novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2.
Amendment 444 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(48(4), 9(3), 11(3), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 453 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(48(4), 9(3), 11(3), 14(9), 18(2) and 18(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 461 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(48(4), 9(3), 11(3), 14(9), 18(2) and 18(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 2 #
2012/0309(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II.
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 1 #
Amendment 53 #
2012/0192(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The database should contain all relevant information as regards the clinical trial. No personal data of data subjects participating in a clinical trial should be recorded in the database and allow public dissemination of objective information in order to support European research and to increase knowledge in the field of public health. It should not undermine innovation or competitiveness of European industries. No personal data of data subjects participating in a clinical trial should be recorded in the database, and it should not hamper the protection of commercial interests, including intellectual property, as foreseen by Article 4 of Regulation 1049/2001. The information in the database should be public, unless specific reasons require that a piece of information should not be published, in order to protect the right of the individual to private life and the right to the protection of personal data, recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, or commercially confidential information, as foreseen by Article 4 of Regulation 1049/2001..
Amendment 54 #
2012/0192(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) Commercially confidential information should be identified and protected in order to avoid harming the interests of patients and/or the competitive position of the sponsors.
Amendment 146 #
2012/0192(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 2 a (new)
Article 34 – paragraph 3 – subparagraph 2 a (new)
In order to protect personal data and commercially confidential information and subject to the provisions of Article 78(3), the summary of the results of a clinical trial intended to obtain a marketing authorisation shall be made public 30 days after the date of the marketing authorisation or 1 year after the end of the clinical trial in case of the discontinuation of the product development.
Amendment 158 #
2012/0192(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. The EU database shall be established to enable the co-operation between the competent authorities of the Member States to the extent that it is necessary for the application of this Regulation and to search for specific clinical trials. It shall also enable sponsors to refer to previous submissions of an application for authorisation of a clinical trial or a substantial modification. Publicly available information contained in the database shall contribute to protecting public health and fostering the innovation capacity of European medical research, while recognising the legitimate economic interests of sponsors.
Amendment 161 #
2012/0192(COD)
Proposal for a regulation
Article 78 – paragraph 3 – indent 2
Article 78 – paragraph 3 – indent 2
– protecting commercially confidential information; specifically when related to clinical trials intended for the support of any marketing authorisation application for indications which have not yet been approved;
Amendment 163 #
2012/0192(COD)
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. No personal data of subjects, commercially confidential information or information undermining intellectual property rights shall be publicly accessible.
Amendment 51 #
2012/0146(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) 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 data1 governs the processing of personal data carried out in the Member States, under the supervision of the Member States competent authorities, in particular the public independent authorities designated by the Member States. Accordingly, any processing of personal data performed in the context of this Regulation should comply with Directive 95/46/EC. _____________ 1 OJ L 281, 23.11.1995, p. 31
Amendment 73 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 31 a (new)
Article 3 – paragraph 1 – point 31 a (new)
(31a) '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 85 #
2012/0146(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Data processing and protection of personal data 1. Member States shall provide that the processing of personal data carried out by electronic identification schemes shall be in accordance with Directive 95/46/EC. 2. Such processing shall be strictly limited to the minimum data needed to issue and maintain an electronic identification and for the sole purposes of issuing, maintaining or providing electronic identification. 3. Personal data shall be kept in a form which permits identification of data subjects for no longer than it is necessary for the purposes for which the personal data are processed. 4. Member States shall ensure that electronic identification schemes guarantee the confidentiality and integrity of data related to a person to whom the electronic identification means service is provided.
Amendment 86 #
2012/0146(COD)
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8b Personal data breach Article 15(2) shall apply to any personal data breach by electronic identification schemes.
Amendment 88 #
2012/0146(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 95 #
2012/0146(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 98 #
2012/0146(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Cooperation with data protection authorities Member States shall provide that supervisory bodies referred to in Article 13 shall cooperate with Member States' data protection authorities designated pursuant to article 28 of Directive 95/46/EC in order to enable them to ensure compliance with national data protection rules adopted pursuant to Directive 95/46/EC.
Amendment 103 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify theits competent supervisory body, the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein, its data protection authorities and other relevant third parties as required by a Member State of any personal data breach.
Amendment 116 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point i a (new)
Article 19 – paragraph 2 – point i a (new)
Amendment 145 #
2012/0146(COD)
Proposal for a regulation
Annex 1 – paragraph 1 – point b – indent 2 a (new)
Annex 1 – paragraph 1 – point b – indent 2 a (new)
- sensitive data within the meaning of article 8 of Directive 95/46/CE shall not be processed.
Amendment 146 #
2012/0146(COD)
Proposal for a regulation
Annex 3 – paragraph 1 – point b – indent 2 a (new)
Annex 3 – paragraph 1 – point b – indent 2 a (new)
- sensitive data within the meaning of article 8 of Directive 95/46/CE shall not be processed.
Amendment 147 #
2012/0146(COD)
Proposal for a regulation
Annex 4 – paragraph 1 – point b – indent 2 a (new)
Annex 4 – paragraph 1 – point b – indent 2 a (new)
- sensitive data within the meaning of article 8 of Directive 95/46/CE shall not be processed.
Amendment 2145 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection officer in any caseonly where:
Amendment 2872 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. In case of a first and non-intentional non-compliance with this Regulation, a warning in writing mayshall be given and no sanction imposed, where:
Amendment 45 #
2011/2290(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the common fisheries policy (wildextractive fisheries and aquaculture sector) needs a thorough and ambitious reform if the EU is to lay the foundations of a socio-economically viable and environmentally sustainable fisheries industry in the Union;
Amendment 51 #
2011/2290(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the EU’s wildextractive fisheries and aquaculture sector, if properly managed, could make a greater contribution to European society’s needs, in terms of food security, employment, and the maintenance of dynamic fishing and coastal communities;
Amendment 59 #
2011/2290(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that incentives should be offered to those who fish sustainably using environment-friendly fishing methods, in order to ensure positive use of such fishing praccoastal fleets linked to the sustainable development of coastal communitices;
Amendment 69 #
2011/2290(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports the management of fisheries resources on the basis of MSY, in order to phase out overfishing and, achieve sustainable stock conservation and establish a timetable and the suitable economic means for its achievement;
Amendment 71 #
2011/2290(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 102 #
2011/2290(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that a ban on discards should only be put in place if accompanied by technical measures to reduce unwanted bycatch and incentives to encourage selective fishing practices, provided the ecosystem balance is maintained; priority should go to avoiding unwanted catches in the first place, and secondly to returning species with a high survival rate to the sea, rather than finding ways to market them; also stresses the importance of stakeholder engagement and careful design of the landing obligationelimination of discards based on the characteristics and realities of the different modalities and fisheries, in order not to shift from unwanted fish in the sea to unwanted fish on land;
Amendment 133 #
2011/2290(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the discard ban should be based on a step-by-step introduction by fishery, to make it easier for the sector to adapt; stresses that the producers’ organisations and the fishermen’s organisations (Fishermen’s Guilds) should be actively involved in the gradual implementation of such a ban;
Amendment 157 #
2011/2290(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the main reason for this lack of basic scientific data on the majority of stocks is inadequate reporting by Member States; in this respect, calls on the Commission to provide Member States with technical and financial assistance for the collection and analysis of reliable data, aiming for regionalisation to meet the information needs of the different regions and fisheries, employing both positive and negative incentives;
Amendment 178 #
2011/2290(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the proposal to introduce ‘Transferable Fishing Concessions’ (TFCs), contained in the basic regulation, raises concerns regarding the concentration and creation of monopolies; stresses that in a number of countries transferable fishing rights have allowed fishing capacity to be reduced, which is commendable; emphasises, however, that adequate safeguards would need to be introduced in order to protect small-scale and littoral coastal fishing, which is the most economically endangered part of the industry but also that providing most of the jobs and economic activity in coastal regions;
Amendment 186 #
2011/2290(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that such a measure should offer priority access to those who fish in a socially and environmentally responsible way; believes that TFCs should not be the only measure proposed for reducing overcapacity, and that a Member State should be exempted from the obligation to introduce TFCs if it achieves the necessary capacity reduction without their use;
Amendment 228 #
2011/2290(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that the fisheries sector can remain sustainable only if there are sufficient and adequately trained and skilled workers; believes that in order to achieve this, careers in fishing need to remain attractive and standards of qualifications and training need to meet international and European requirements; calls on the Commission to promote proper training and mandatory education schemes in best practice in different areas of the sector, since this will attract young people and help create a competitive and eco- friendlysustainable fisheries and aquaculture sector;
Amendment 8 #
2011/2179(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. having regard to the extensive and successful experience in regional cooperation in the Mediterranean within the framework of political processes such as the Barcelona Process, the Union for the Mediterranean or the 5+5 Dialogue, which have served as models to existing strategies (Baltic and Danube); having regard to the initiatives of multilateral or bilateral regional cooperation in the framework of some instruments and EU programs such as the MED or ENPI CBC MED under the Neighborhood Policy of the EU; having regard to the current evolution of the Union for the Mediterranean and its potential as a catalyst in the region that will continue to increase;
Amendment 25 #
2011/2179(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that this type of territorial cooperation strategy is justified, particularly when these territories have historically been divided by borders, bequeathing lownoticeable levels of cooperation between neighbouring territories;
Amendment 50 #
2011/2179(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports the implementation of a macro-regional strategy for the Mediterranean basin, in which the Union for the Mediterranean would have a central role, so as to give structure to this key area for Europe's future, and calls on the Council and the Commission to facilitate the emergence thereof;
Amendment 53 #
2011/2179(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that a macro-regional strategy that involves European, national, regional and local authorities, the Union for the Mediterranean, regional organisations, financial institutions, and NGOs from the European side of the Mediterranean basin, and that is open to neighbouring countries and/or countries at the pre-accession stage, would significantly improve territorial cooperation in this area in political and operational terms;
Amendment 33 #
2011/0430(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To facilitate re-use, public sector bodies should make documents available through technology-neutral machine readable formats and together with their metadata where possible and appropriate, in a format that ensures interoperability , e.g. by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under 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)23
Amendment 36 #
2011/0430(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where charges are made for supplying and allowing the re-use of documents, they should in principle be limited to the marginal costs incurred for their reproduction and dissemination, unless exceptionally justified according to objective, transparent and verifiable criteria. T. However, the necessity of not hindering the normal running of public sector bodies that are required to covering a substantial part of the operatingir costs relating to the performance of their public task from the exploitation of their intellectual property rights should notably be taken into considerationas well as the normal running of libraries, museums and archives should notably be taken into consideration. Those public sector bodies should be allowed to charge higher charges for re-use. Such charges above marginal costs should be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents should not exceed the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. The burden of proving that charges are cost-oriented and comply with relevant limitscriteria should lie with the public sector body charging for the re- use of documents.
Amendment 54 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 – point 3 a (new)
Article 1 – point 1 – point 3 a (new)
Directive 2003/98/EC
Article 1– paragraph 3
Article 1– paragraph 3
(3a) In Article 1, paragraph 3 is replaced by the following: “3. This Directive builds on and is without prejudice to access regimes in the Member States.”
Amendment 59 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2003/98/EC
Article 2 – point 6
Article 2 – point 6
6. “"machine-readable”" means that digital documents are sufficiently structured forso that software applications to identify reliably individual statements of fact and their internal structurecan, in a technology-neutral manner, extract individual data which are of interest.
Amendment 67 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Subject to paragraph (2) Member States shall ensure that documents of public sector bodies referred to in Article 1 shall be re-usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV.
Amendment 80 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction, provision and dissemination.
Amendment 83 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In exceptional cases, in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is in the public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this ArticleParagraph 1 shall not apply to the following: (a) Public sector bodies that are required to generate revenue to cover a substantial part of the costs of collection, production, reproduction and dissemination of documents. (b) Libraries (including university libraries), museums and archives.
Amendment 88 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 93 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Directive 2003/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
(2) The existing text of Article 6 becomes paragraph 4.Where charges are made under paragraph 2, the total charges shall be set according to objective, transparent and verifiable criteria and the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance, together with a reasonable return on investment. Charges should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved
Amendment 95 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 2 a (new)
Article 1 – point 6 – point 2 a (new)
Directive 2003/98/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(2 a) The following paragraph shall be inserted : "4a. Member States shall designate the appropriate body or appropriate bodies, other than the public sector body itself, competent to lay down the criteria for charging above marginal costs as laid out in paragraph 4.".
Amendment 96 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 3
Article 1 – point 6 – point 3
Directive 2003/98/EC
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 104 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2003/98/EC
Article 9
Article 9
Member States shall ensurfacilitate that practical arrangements facilitatingor the cross- lingual search for documents available for re-use are in place, such as asset lists of main documents with relevant metadata, accessible preferably online and inin technology-neutral, machine-readable format, and portal sites that are linked to decentralised asset lists.
Amendment 106 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 9 a (new)
Article 9 a (new)
9a. The following article is inserted: "Article 9a In order to contribute to a consistent implementation of this Article, the Commission may adopt guidelines with a list of recommended datasets available for re-use."
Amendment 107 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
9a. In Article 11, paragraph 2 is replaced by the following: '2. Notwithstanding paragraph 1, where an exclusive right is necessary for the provision of the service in the public interest, the validity of the reason that justified the authorization of the exclusive right will have to be reconsidered every year, except in those cases in which the inversion involves a pay-back superior to the year in which it will have to be reconsidered at least every three years. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.'
Amendment 110 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2003/98/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
9b. In Article 11, the following paragraph is inserted: '2a. Notwithstanding paragraph 1, where an exclusive right is granted in connection with the commercial exploitation which is necessary in order to digitise cultural collections, the commercial exploitation shall not continue for longer than seven years. During this period, the exclusive right need not be reviewed. 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 114 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
10. In Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3: ‘However, such arrangements involving cultural establishments and university libraries shall be terminated at the end of the contract or in any case not later than 31 December 20XX [6 years after entry into force of the paragraph 3 is replaced by the following: "3. Existing exclusive arrangements that do not qualify for the exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 December 2008. As for existing arrangements involving libraries (including university libraries), museums and archives, only arrangements concluded after 1 January 2012 shall be subject to the limitations of duration pursuant to this Directive].’ ."
Amendment 118 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 232 #
2011/0402(CNS)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The work programmes shall take account of the state of science, technology and, innovation at national, Union and international level and of relevant policy, market and societal developments. They shall contain information on coordination with research and innovation activities carried out by Member States (including their regions), including in areas where there are joint programming initiatives. They shall be updated where appropriate.
Amendment 300 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.2 – paragraph 3
Annex 1 – point 1 – point 1.2 – paragraph 3
In addition, the specific objective ‘Inclusive, innovative and secure societies’ will support social sciences and humanities research into issues of a horizontal nature such as the creation of smart and sustainable growth, social transformations in European societies, social innovation, innovation in the public sector or the position of Europe as a global actor. Horizon 2020 should include the Social Sciences and the Humanities (SSH) as an independent challenge with at least a meaningful budget, as in previous framework programme.
Amendment 307 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.3 – paragraph 1
Annex 1 – point 1 – point 1.3 – paragraph 1
Horizon 2020 will encourage and support the participation of SMEs in an integrated way across all specific objectives, in particular in the closer-to-market phases of projects.
Amendment 312 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.3 – paragraph 2
Annex 1 – point 1 – point 1.3 – paragraph 2
In accordance with Article 18 of Horizon 2020, dedicated measures as set out in the specific objective ‘Innovation in SMEs’ (dedicated SME instrument) shall be applied in the specific objective ‘Leadership in enabling and industrial technologies’ and Part III ‘Societal challenges’. The dedicated SME instrument, targeted at all types of SMEs with an innovation potential, shall be implemented in a consistent manner and through a single management. This integrated approach is expected to lead to around 15 % of their total combined budgets going to SMEs.
Amendment 389 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 1 – point 1.1 – paragraph 1 – point 3 – indent 1
Annex 1 – section 1 – point 1 – point 1.1 – paragraph 1 – point 3 – indent 1
– assure communication with the scientific community and, key stakeholders and regional and national funding agencies on the ERC's activities and achievements;
Amendment 400 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 1 – point 1.3 – paragraph 1 – indent 5
Annex 1 – section 1 – point 1 – point 1.3 – paragraph 1 – indent 5
– regularly inform the programme committee on the implementation of the ERC activities and results, ensuring they are continuously updated on the latest information.
Amendment 402 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 2 – point 2.1 – paragraph 1
Annex 1 – section 1 – point 2 – point 2.1 – paragraph 1
Supporting a large set of embryonicarly stage, high risk visionary science and technology collaborative research projects is necessary for the successful exploration of new foundations for radically new future technologies. By being explicitly non– topical and non-prescriptive, this activity allows for new ideas, whenever they arise and wherever they come from, within the broadest spectrum of themes and disciplines. Nurturing such fragile ideas requires an agile, risk-friendly and highly interdisciplinary research approach, going well beyond the strictly technological realms. Attracting and stimulating the participation of new high-potential actors in research and innovation, such as young researchers and high-tech SMEs is also important for nurturing the scientific and industrial leaders of the future.
Amendment 403 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 2 – point 2.3 – paragraph 2
Annex 1 – section 1 – point 2 – point 2.3 – paragraph 2
Activities in the three FET pillars are complemented, by a wide range of networking and community-based activities for creating a fertile and vibrant European base for science-driven research towards future technologies. They will support the future developments of the FET activities, foster the debate on implications of new technologies, and accelerate impact. FET activities should be open to collaboration with third countries, based on common interest and mutual benefit, while protecting European interests.
Amendment 420 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 3 – point 3.2 – paragraph 3
Annex 1 – section 1 – point 3 – point 3.2 – paragraph 3
In order to fully exploit the existing potential of researchers, possibilities to restart a research career after a break will also be supported. Re-integration of researchers into a longer term research position in Europe, including in the country of origin, after a trans- national/international mobility experiences, will also be supported. Mobility and opportunities for researcher's career development should be fostered promoting mechanisms such as the current Euraxess network.
Amendment 423 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 3 – point 3.3 – paragraph 2
Annex 1 – section 1 – point 3 – point 3.3 – paragraph 2
European funding will support short term exchanges of research and innovation staff within partnerships of universities, research institutions, businesses, SMEs and other socio-economic actors among Europe, as well as between Europe and third countries to reinforce international cooperation. It will be open to research and innovation staff at all career levels, from the most junior (post-graduate) to the most senior (management), including also administrative and technical staff. In this sense, industrial doctoral programs should be strengthened as an important element to foster an innovative spirit among researchers and create closer links between industry and academia.
Amendment 442 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – paragraph 2 – point c
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – paragraph 2 – point c
(c) the operation phase (e.g. access, data handling, outreach, training and international cooperation activities). Including support to running costs to ensure sustainability and the highest quality.
Amendment 448 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 2
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.3 – paragraph 2
To achieve this goal, support will be given to: global research and education networks providing advanced, standardised and scalable inter-domaiinstitutional and inter- domain common services on-demand; grid and cloud infrastructures providing virtually unlimited computational and data processing capacity; an ecosystem of supercomputing facilities, advancing towards exa-scale; a software and service infrastructure, e.g. for simulation and visualisation; real-time collaborative tools; and an interoperable, open and trusted scientific data infrastructure.
Amendment 537 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 2 – paragraph 1
Annex 1 – section 2 – point 2 – paragraph 1
Horizon 2020 will set up two facilities (the ‘Equity facility’ and the ‘Debt facility’), composed of various windows. The Equity facility and the SME window of the Debt facility will be implemented as part of two EU Financial Instruments that provide equity and debt to support SMEs' R&I and growth. (managed by the European Investment Bank and the European Investment Fund) that provide equity and debt to support SMEs' R&I and growth. In the interests of ensuring critical mass and a whole-innovation- chain approach, the two facilities will preferentially target activities resulting from other actions funded under Horizon 2020, including the new dedicated SME instrument.
Amendment 542 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.1 – paragraph 2 – point b
Annex 1 – section 2 – point 2 – point 2.1 – paragraph 2 – point b
(b) other frameworks, programmes and budget lines in the Union budget (such as Common Agriculture Policy, Fisheries Policy and COSME);
Amendment 545 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.1 – paragraph 5
Annex 1 – section 2 – point 2 – point 2.1 – paragraph 5
The SME window under the Debt facility shall target R&I-driven SMEs and small mid-caps with loan amounts exceeding EUR 1500 000, thus complementing finance to SMEs by the Loan Guarantee Facility under the Programme for the Competitiveness of Enterprises and SMEs.
Amendment 554 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 3
Annex 1 – section 2 – point 2 – point 2.2 – paragraph 3
In the latter case, the investment from the Equity Facility of Horizon 2020 shall not exceed 230% of the total EU investment except in cases of multi-stage funds, where funding from EFG and the equity facility for RDI will be provided on a pro rata basis, based on the funds' investment policy. Like the EFG, the Equity Facility shall avoid buy-out or replacement capital intended for the dismantling of an acquired enterprise. The Commission may decide to amend the 20% threshold in light of changing market conditions.
Amendment 568 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 3
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 3
Only SMEs will be allowed to apply for funding and support. They can form collaborations with local or European R+D performers according to their needs, including for subcontracting research and development work. Projects must be of clear interest and potential benefit to SMEs and have a distinct European dimension.
Amendment 572 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 5 – indent 3 – paragraph 1
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 5 – indent 3 – paragraph 1
This phase will not provide direct funding other than support activities, but aims to facilitate access to private capital and innovation enabling environments. Links to the financial instruments (see Part II, section 2 ‘Access to Risk Finance of this Annex) are foreseen, for example by giving SMEs that have successfully completed phases 1 and/or 2 priority within a ring- fenced volume of financial resources provided by means of the European Investment Bank and the European Investment Fund. SMEs will also benefit from support measures like networking, training, coaching and advice. In addition this part may connect to measures promoting pre- commercial procurement and procurement of innovative solutions.
Amendment 576 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 6
Annex 1 – section 2 – point 3 – point 3.1 – paragraph 6
Uniform promotion, implementation and monitoring of the SME instrument across Horizon 2020 will ensure easy access for SMEs. Relying on existing SME support networks, such as Enterprise Europe Network, a mentoring scheme for the beneficiary SMEs shall be established to accelerate impact from the support provided.
Amendment 577 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.1 – point 1 – paragraph 2 a (new)
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.1 – point 1 – paragraph 2 a (new)
Regional decentralized support structure will be implemented to manage the Eurostars Joint Programme.
Amendment 578 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.2 – paragraph 1
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.2 – paragraph 1
Activities assisting the implementation and complementing the SME specific measures across Horizon 2020 will be supported, notably to enhance the innovation capacity of SMEs. Activities may include awareness raising, information and dissemination, training and mobility activities, networking and exchange of best practices, developing high quality innovation support mechanisms and services with strong Union added value for SMEs (e.g. intellectual property and innovation management, knowledge transfer, innovative use of ICT and e-skills in SMEs), as well as assisting SMEs to connect to research and innovation partners across the Union, allowing them to spin in technology and develop their innovation capacity. Intermediary organisations representing groups of innovative SMEs or regional SMEs support services shall be invited to conduct cross-sectoral and cross- regional innovation activities with SMEs having mutually reinforcing competences, in order to develop new industrial value chains.
Amendment 583 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.3 – paragraph 1
Annex 1 – section 2 – point 3 – point 3.2 – point 3.2.3 – paragraph 1
This will support market-driven innovation in view of enhancing the innovation capacity of firms by improving the framework conditions for innovation as well as tackling the specific barriers preventing the growth of innovative firms, in particular SMEs and enterprises of intermediate size with potential for fast growth. Specialised innovation support (on e.g. IP exploitation, networks of procurers, international technology transfer services, support to technology transfer offices, strategic design, cluster development) and reviews of public policies in relation to innovation will be supported.
Amendment 589 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – paragraph 2
Annex 1 – section 3 – point 1 – paragraph 2
Successful efforts to prevent, manage, treat and cure disease, disability and reduced functionality are underpinned by the fundamental understanding of their causes, processes and impacts, as well as factors underlying good health and wellbeing. Effective sharing of data and the linkage of these data with real-world large scale cohort studies is also essential, as is the translation of research findings into the clinic, in particular through the conduct of clinical trials. Transferring research results from the basic research to clinical practice, clinical trials need to establish a prior link between the results obtained in the laboratory and the patient through translational research: "from bench to bedside approach".
Amendment 602 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 1
A better understanding of the determinants of health is required in order to provide evidence for effective health promotion, wellbeing and disease prevention, and will also allow the development of comprehensive health and wellbeing indicators in the Union. Environmental, behavioural (including life- style), biological, socio-economic and genetic factors, in their broadest senses will be studied. Approaches will include the long term study of cohorts, biobanks and their linkage with data derived from ‘-omics’ research, and other methods.
Amendment 605 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 2
Annex 1 – section 3 – point 1 – point 1.1 – paragraph 2
In particular, a better understanding of the environment as a determinant of health will require integrated molecular biological, epidemiological and toxicological approaches to investigate health- environment relationships, including studies of modes of action of chemicals, combined exposures to pollution and other environmental and climate related stressors, integrated toxicological testing as well as alternatives to animal testing. Innovative approaches to exposure assessment are needed using new- generation biomarkers based on ‘omics’ and epigenetics, human biomonitoring, personal exposure assessments and modelling to understand combined, cumulative and emerging exposures, integrating socio-economic and behavioural factors and design of environments to aid recovery and rehabilitation. Improved links with environmental data using advanced information systems will be supported.
Amendment 656 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.16 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.16 – paragraph 1
Support provided will cover the full spectrum of activities from knowledge and technology transfer to large scale demonstration actions, leading to scalable solutions for Europe and beyond. It should also take into account the important long term benefits of product development for patients in low-income countries, and match its funding accordingly. Product development through innovation can translate into concrete outcomes, with palpable results for society and poverty reduction with more investment in poverty-related and neglected diseases.
Amendment 668 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.1 – paragraph 1
Annex 1 – section 3 – point 2 – point 2.1 – paragraph 1
Appropriate knowledge, tools, services and innovations are necessary to support more productive, resource-efficient and resilient agriculture and forestry systems that supply sufficient food, feed, biomass and other raw-materials and deliver ecosystems services while at the same time supporting the development of thriving rural livelihoods. Research and innovation will provide options for integrating agronomic and environmental goals into sustainable, affordable and nutritious production, thus: increasing productivity and resource efficiency of agriculture; reducing agricultural greenhouse gases (GHGs) emissions; reducing leaching of nutrients from cultivated lands into terrestrial and aquatic environments; decreasing dependence from international plant derived protein imports to Europe; increasing the level of biodiversity in primary production systems, to better understand and develop responses to the ways we generate, distribute, market, consume and regulate food production.
Amendment 706 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.2 – point 2.2.3 – introductory part
Annex 1 – section 3 – point 2 – point 2.2 – point 2.2.3 – introductory part
2.2.3. A sustainable, affordable and competitive agri- food industry
Amendment 710 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.2 – point 2.2.3 a (new)
Annex 1 – section 3 – point 2 – point 2.2 – point 2.2.3 a (new)
Amendment 729 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 2 – point 2.5 – paragraph 2
Annex 1 – section 3 – point 2 – point 2.5 – paragraph 2
The impact and dissemination of research results will be actively supported through specific actions on communication, knowledge and technology exchange and the involvement of various actors all along the projects. Implementation will combine a wide range of activities, including substantial demonstration and pilot activities. Easy and open access to research results and best practices will be fostered, where appropriate via databases.
Amendment 820 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 4 – point 4.1 – introductory part
Annex 1 – section 3 – point 4 – point 4.1 – introductory part
4.1. Resource efficient and affordable transport that respects the environment
Amendment 833 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 4 – point 4.2 – point 4.2.2 – paragraph 1
Annex 1 – section 3 – point 4 – point 4.2 – point 4.2.2 – paragraph 1
This can be achieved through the development and widespread use of intelligent transport applications and management systems. This entails: planning, demand management, information and payment systems that are interoperable Europe-wide; and the full integration of information flows, management systems, infrastructure networks and mobility services into a new common multi-modal framework based on open platforms. This will also ensure flexibility and rapid responses to crisis events and extreme weather conditions by reconfiguring travel across modes. New positioning, navigation and timing applications, made possible through the Galileo and EGNOS satellite navigation systems, will be instrumental in achieving this objective, as well as wider application of behavioural sciences to understand how we choose to travel, bearing in mind that each transport mode faces different challenges and is characterised by different technology integration cycles.
Amendment 887 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 6 – point 6.1 – paragraph 2 a (new)
Annex 1 – section 3 – point 6 – point 6.1 – paragraph 2 a (new)
It is important to include Social Sciences and the Humanities (SSH) as an independent challenge with at least a meaningful budget, as in previous framework programme. The European Union is going through an important political, economic and social challenge that needs to be tackled with the maximum responsibility and rigour. If the key challenge for Europe is "to stabilise the financial and economic system in the short term while also taking measures to create the economic opportunities of tomorrow", it should be tackled as a challenge addressing important issues such as education, employment, youth and so on, which deserve specific specialised SSH knowledge at European level. It should also support creative societies to promote research and innovation of industries and to increase the value of the historical and cultural heritage as training and research in disciplines related to culture and creativity will provide capabilities that support the knowledge-based economy, contributing value.
Amendment 605 #
2011/0401(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Particular attention shall be paid to ensuring the adequate participation of, and innovation impact on, small and medium- sized enterprises (SME) in Horizon 2020, in particular in the closer-to-market phases of projects. Quantitative and qualitative assessments of SME participation shall be undertaken as part of the evaluation and monitoring arrangements.
Amendment 612 #
2011/0401(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Specific actions shall be undertaken within the specific objective ‘Leadership in enabling and industrial technologies’ set out in Point 1 of Part II of Annex I and each of the specific objectives under the priority ‘Societal challenges’ set out in Points 1 to 6 of Part III of Annex I. These specific actions shall take the form of a dedicated SME instrument that is targeted at all types of SMEs with an innovation potential and shall be implemented in a consistent manner through a single management and tailored to the needs of SMEs as set out under the specific objective ‘Innovation in SMEs’ in Point 3.3.(a) of Part II of Annex I.
Amendment 614 #
2011/0401(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The integrated approach set out in paragraphs 1 and 2 is expected to lead to around 1530% of the total combined budget ofor the specific objective on ‘Leadership in enabling and industrial technologies’ and 15% of the budget of the priority ‘Societal challenges’ going to SMEs.
Amendment 676 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
For the purposes of point (a), top-up funding shall be conditional on a significant level of prior financial commitments in cash or in-kind of the participating entities to the joint calls and actions. The ERA-NET instrument may include an objective to harmonise rules and implementation modalities of the joint calls and actions. It may also be used in order to prepare for an initiative pursuant to Article 185 TFEU.
Amendment 679 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3 – introductory part
Article 20 – paragraph 2 – subparagraph 3 – introductory part
For the purposes of point (b) such initiatives shall only be proposed in cases where there is a need for a dedicated implementation structure and where there is a high level of commitment of the participating countries and/or regions to integration at scientific, management and financial levels. In addition, proposals for initiatives referred to in point (b) shall be identified on the basis of all of the following criteria:
Amendment 680 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3 – point b
Article 20 – paragraph 2 – subparagraph 3 – point b
(b) clear financial commitments of the participating countries and/or regions, in cash or in-kind, including prior commitments to pool national and/or regional investments for transnational research and innovation;
Amendment 703 #
2011/0401(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Information, communication, exploitation and dissemination
Amendment 705 #
2011/0401(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The European Commission shall implement information and communication actions concerning Horizon 2020, including communication measures concerning supported projects and results. Budget allocated to communication under Horizon 2020 shall also contribute to covering the corporate communication of the Union's political priorities as far as they are related to the general objective of this Regulation. In particular, it shall provide timely and through information to Member States.
Amendment 738 #
2011/0401(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall annually monitor the implementation of Horizon 2020, its specific programme and the activities of the European Institute of Innovation and Technology. This shall include information on cross-cutting topics such as social and economic sciences, humanities, sustainability and climate change, including information on the amount of climate related expenditure.
Amendment 747 #
2011/0401(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a – point iii a (new)
Article 26 – paragraph 1 – point a – point iii a (new)
(iii a) the possibility of the KICs to integrate relevant new partners where they can provide added value.
Amendment 861 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 1 – point 1.1 – paragraph 2
Annex 1 – Part 1 – point 1 – point 1.1 – paragraph 2
Europe has set out its ambition to move to a new economic model based on smart, sustainable and inclusive growth. This type of transformation will need more than incremental improvements to current technologies and knowledge. It will require much higher capacity for basic science and science-based innovation fuelled by radical new knowledge, allowing Europe to take a leading role in creating the scientific and technological paradigm shifts which will be the key drivers of productivity growth, competitiveness, wealth and social progress in the future. Such paradigm shifts have historically tended to originate from the public-sector science base before going on to lay the foundations for whole new industries and sectors.
Amendment 862 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 1 – point 1.1 – paragraph 5
Annex 1 – Part 1 – point 1 – point 1.1 – paragraph 5
Another major part of the challenge is that in many European countries the public sector still does not offer sufficiently attractive conditions for the best researchers. It can take many years before talented young researchers are able to become independent scientists in their own right. This leads to a dramatic waste of Europe's research potential by delaying and in some cases even inhibiting the emergence of the next generation of researchers, who bring new ideas and energy, and by enticing excellent researchers starting their career to seek advancement elsewhere.
Amendment 871 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 4
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 4
The ERC shall also give support, as necessary, to emerging new ways of working in the scientific world with the potential to create breakthrough results and facilitates exploration and running of the commercial and social innovation potential of the research which it funds.
Amendment 874 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 5
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 5
By 2020, the ERC therefore shall aim to demonstrate: that the best researchers are participating in the ERC's competitions, that ERC funding has led directly to scientific publications of the highest quality, to research results with high social and economic potential impact and to the commercialisation and application of innovative technologies and ideas and that the ERC has contributed significantly to making Europe a more attractive environment for the world's best scientists. In particular, the ERC shall target a measurable improvement in the Union's share of the world's top 1 % most highly cited publications. In addition it shall aim at a substantial increase in the number of excellent researchers from outside Europe whom it funds and specific improvements in institutional practices and national policies to support top researchers. The ERC shall share experience and best practices with regional and national research funding agencies in order to promote the support of excellent researchers. Moreover, the ERC shall further raise the visibility of its programmes outside Europe in order to attract excellent researchers.
Amendment 879 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 6
Annex 1 – Part 1 – point 1 – point 1.3 – paragraph 6
The ERC's Scientific Council shall continuously monitor the ERC's operations and evaluation procedures and consider how best to achieve its objectives by means of grant schemes that emphasise effectiveness, clarity, stability and simplicity, both for applicants and in their implementation and management, and, as necessary, to respond to emerging needs. It shall endeavour to sustain and further refine the ERC's world-class peer-review system which is based on transparent, fair and impartial treatment of proposals so that it can identify ground-breaking scientific excellence and talent regardless of a researcher's gender, nationality or age. Finally, tIf these criteria are not fulfilled, participants may ask the exclusion of experts in order to avoid possible damages. The ERC shall continue conducting its own strategic studies to prepare for and support its activities, maintain close contacts with the scientific community, the regional and national funding agencies and other stakeholders and look to make its activities complement research conducted at other levels. Finally, the ERC will ensure transparency in communication about its activities and results to the scientific community and the general public and maintain updated data from funded projects, including data portability.
Amendment 893 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 2 – point 2.2 – paragraph 1
Annex 1 – Part 1 – point 2 – point 2.2 – paragraph 1
Radical breakthroughs with a transformative impact increasingly rely on intense collaboration across disciplines in science and technology (for instance, information and communication, biology, medicine, chemistry, earth system sciences, material sciences, neuro- and cognitive sciences, social sciences or economics) and with the arts and humanities. This requires not only excellence in science and technology but also new attitudes and novel interactions between a broad range of players in research.
Amendment 896 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point a
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point a
(a) By fostering novel ideas (‘FET Open’), FET shall support embryonicarly stage science and technology research exploring new foundations for radically new future technologies by challenging current paradigms and venturing into unknown areas. A bottom-up selection process widely open to any research ideas shall build up a diverse portfolio of targeted projects. Early detection of promising new areas, developments and trends, along with attracting new and high-potential research and innovation players, will be key.
Amendment 897 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point b
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point b
(b) By nurturing emerging themes and communities (‘FET Proactive’) in close association with societal challenges and industrial technological themes, FET shall address a number of promising exploratory research themes with the potential to generate a critical mass of inter-related projects that, together, make up a broad and multi-faceted exploration of the themes and build a European pool of knowledge.
Amendment 898 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point c
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 2 – point c
(c) By pursuing grand interdisciplinary S&T challenges (‘FET Flagships’), FET shall support ambitious large-scale, science-driven research aiming to achieve a scientific and technological breakthrough. Such activities will benefit from the alignment of European and national and regional agendas. The scientific advance should provide a strong and broad basis for future technological innovation and economic application in a variety of areas, plus novel benefits for society. Activities with high societal impact should be prioritized.
Amendment 899 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 3
Annex 1 – Part 1 – point 2 – point 2.3 – paragraph 3
The right mix of openness and varying degrees of structuring of topics, communities and funding shall be defined for each activity in order to address optimally the objectives pursued. FET activities shall be open to collaboration with third parties, based on common interest and mutual benefit, while protecting European interests.
Amendment 903 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 1
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 1
The specific objective is to ensure optimum development and dynamic use of Europe's intellectual capitalhuman resources in research and innovation in order to generate new skills and innovation and, thus, to realise its full potential across all sectors and regions.
Amendment 907 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 4
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 4
The necessary reform must start at the first stages of the researchers' careers, during their doctoral studies or comparable post- graduate training. Europe must develop state-of-the-art, innovative training schemes, consistent with the highly competitive and increasingly inter- disciplinary requirements of research and innovation. Strong involvement of businesses, including SMEs and other socio-economic actors, will be needed to equip researchers with the innovation skills demanded by the jobs of tomorrow and encourage them to consider their careers in industry or in the most innovative companies. It will also be important to enhance the mobility of these researchers, as it currently remains at too modest a level: in 2008, only 7 % of European doctoral candidates were trained in another Member State, whereas the target is 20 % by 2030.
Amendment 914 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 6
Annex 1 – Part 1 – point 3 – point 3.1 – paragraph 6
If Europe is to match its competitors in research and innovation, it must entice more young women and men to embark unified European-wide on research careers and provide highly attractive opportunities and environments for research and innovation. The most talented individuals, from Europe and elsewhere, should see Europe as a pre- eminent place to work. Gender equality, high-quality and reliable employment and working conditions plus recognition are crucial aspects that must be secured in a consistent way across the whole of Europe.
Amendment 924 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 6
Annex 1 – Part 1 – point 3 – point 3.2 – paragraph 6
Extension of the co-funding mechanism of the Marie Curie actions will be crucial to expand Europe's pool of talents. The numerical and structural impact of Union action will be increased by leveraging regional, national, international public and private funding to create new programmes and to open existing ones to international and intersectoral training, mobility and career development. Such a mechanism will forge stronger links between research and education efforts at national and Union levels.
Amendment 930 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point a – paragraph 2
Annex 1 – Part 1 – point 3 – point 3.3 – point a – paragraph 2
Key activities shall be to provide excellent and innovative training to early-stage researchers at post-graduate level via interdisciplinary projects or doctoral programmes involving universities, research institutions, businesses, SMEs and other socio-economic groups from different countries. In this sense, industrial doctoral programs should be strengthened as an important element to foster an innovative spirit among researchers and create closer links between industry and academia. This will improve career prospects for young post- graduate researchers in both the public and private sectors. Initial training of researchers may include the possibility of recruiting experienced researchers to facilitate the participation of small and medium enterprises and large companies in these projects and create synergies between young and experienced researchers.
Amendment 931 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point b – paragraph 2
Annex 1 – Part 1 – point 3 – point 3.3 – point b – paragraph 2
Key activities shall be to encourage experienced researchers to broaden or deepen their skills by means of mobility by opening attractive career opportunities in universities, research institutions, businesses, SMEs and other socio- economic groups all over Europe and beyond. Opportunities to restart a research career after a break and to re-integrate researchers into a longer term research position in Europe, including in the country of origin, after a trans- national/international mobility experiences, shall also be supported.
Amendment 938 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point c – paragraph 2
Annex 1 – Part 1 – point 3 – point 3.3 – point c – paragraph 2
Key activities shall be to support short- term exchanges of research and innovation staff among a partnership of universities, research institutions, businesses, SMEs and other socio-economic groups, both within Europe and worldwide. This will include fostering cooperation with third countries.
Amendment 941 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 3 – point 3.3 – point d – paragraph 2
Annex 1 – Part 1 – point 3 – point 3.3 – point d – paragraph 2
Key activities shall be, with the aid of a co- funding mechanism, to encourage regional, national and international organisations to create new programmes and to openadapt existing ones to international and intersectoral training, mobility and career development. This will increase the quality of research training in Europe at all career stages, including at pre-doctoral and doctoral level, will foster free circulation of researchers and scientific knowledge in Europe, will promote attractive research careers by offering open recruitment and attractive working conditions and will support research and innovation cooperation between universities, research institutions and enterprises and cooperation with third countries and international organisations.
Amendment 947 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 4 – point 4.1 – paragraph 2
Annex 1 – Part 1 – point 4 – point 4.1 – paragraph 2
Research infrastructures with the highest quality and international attractiveness are key determinants of Europe's competitiveness across the full breadth of scientific domains and essential to science- based innovation. In many fields research is impossible without access to supercomputers, radiation sources for new materials, clean rooms for nanotechnologies, databases for genomics and social sciences, observatories for Earth sciences, broadband networks for transferring data, etc. Research infrastructures are necessary to carry out the research needed to address grand societal challenges energy, climate change, bio-economy and lifelong health and wellbeing for all, among others. They propel collaboration across borders and disciplines and create a seamless and open European space for online research. They promote mobility of people and ideas, bring together the best scientists from across Europe and the world and enhance scientific education. Their construction challenges researchers and innovative companies to develop state of the art technology. By this way, they strengthen Europe's high tech innovative industry. They drive excellence within the European research and innovation communities and can be outstanding showcases of science for society at large.
Amendment 953 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 4 – point 4.2 – paragraph 1
Annex 1 – Part 1 – point 4 – point 4.2 – paragraph 1
State-of-the-art research infrastructures are becoming increasingly complex and costly, often requiring integration of different equipment, services and data sources and extensive transnational collaboration. No single country has enough resources to support all the research infrastructures it needs. The European approach to research infrastructures has made remarkable progress in recent years with continuously developing and implementing the ESFRI roadmap for infrastructures, integrating and opening national research facilities and developing e-infrastructures underpinning a digital European Research Area. The networks of research infrastructures across Europe strengthen its human capitalresources base by providing world- class training for a new generation of researchers and engineers and promoting interdisciplinary collaboration.
Amendment 964 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 4 – point 4.3 – paragraph 1
Annex 1 – Part 1 – point 4 – point 4.3 – paragraph 1
The activities shall aim at developing the European research infrastructures for 2020 and beyond, fostering their innovation potential and human capitalresources and reinforcing European research infrastructure policy.
Amendment 968 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 1 – point 4 – point 4.3 – point a
Annex 1 – Part 1 – point 4 – point 4.3 – point a
The aims shall be to ensure the preparation, construction, implementation and operation of the ESFRI and other world-class research infrastructures, including the development of regional partner facilities; integration of and access to national research infrastructures so that European scientists can use them, irrespective of their location, to conduct to top level research; and the development, deployment and operation of e- infrastructures when there exist strong added value for Union intervention.
Amendment 1023 #
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 the increasing penetration of mobile technologies through smartphones.
Amendment 1027 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.2 – paragraph 3
Annex 1 – Part 2 – point 1 – point 1.1 – point 1.1.2 – paragraph 3
Successive evaluations of ICT activities in the Union's Framework Programme for research and innovation have shown that focused ICT research and innovation investment undertaken at Union level has been instrumental in building industrial leadership in areas like mobile communications, safety-critical ICT systems, and to address challenges like energy-efficiency or demographic change and better health systems delivery. Union investments in ICT research infrastructures have provided European researchers with the world's best research networking and computing facilities.
Amendment 1032 #
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: Infrastructures, technologies and services in a secure environment;
Amendment 1046 #
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 six activity lines shall also include ICT specific research infrastructures such as living labs and urban infrastructures provided in the frame of the smartcity context for large-scale experimentation, and infrastructures for underlying key enabling technologies and their integration in advanced products and innovative smart systems, including equipment, tools, support services, clean rooms and access to foundries for prototyping.
Amendment 1062 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.2 – point 1.2.3 – point a – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.2 – point 1.2.3 – point a – paragraph 1
Aiming at fundamentally new products enabling sustainable solutions in a wide range of sectors such as ICT, life sciences, healthcare and consumer goods.
Amendment 1070 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.2 – point 1.2.3 – point e – introductory part
Annex 1 – Part 2 – point 1 – point 1.2 – point 1.2.3 – point e – introductory part
(e) Developing capacity-enhancing techniques, characterization, measuring methods and equipment
Amendment 1078 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.2 – paragraph 2
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.2 – paragraph 2
Application-driven development often involves the design of totally new materials, with the ability to deliver planned in-service performances. Such materials are an important element in the supply chain of high value manufacturing. They are also the basis for progress in cross-cutting technology areas (for example biosciences, electronics and photonics applied to health, construction and transport among other industrial sectors), and in virtually all market sectors. The materials themselves represent a key step in increasing the value of products and their performance. The estimated value and impact of advanced materials is significant, with an annual growth rate of about 6 % and expected market size of the order of EUR 100 billion by 2015.
Amendment 1081 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.2 – paragraph 5
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.2 – paragraph 5
Novel green innovation alliances and industrial symbiosis shall be fostered allowing industries to diversify, expand their business models, using renewable raw materials from biomass and re-using their waste compounds as a basis for new productions, e.g. CO2 as carbon base for fine chemicals and alternative fuels.
Amendment 1087 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point b – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point b – paragraph 1
Research and development to ensure efficient and sustainable scale up to enable industrial manufacturing of smart future products
Amendment 1089 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point d – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point d – paragraph 1
Developing new products and applications, coming from biomass and CO2 as carbon source and consumer behaviour that reduce energy demand, and facilitate low- carbon production and also reducing environmental impact.
Amendment 1098 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point f – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point f – paragraph 1
Promoting technologies such as characterisation, non-destructive evaluation, continuous assessing and monitoring and predictive modelling of performance for progress in materials science and engineering.
Amendment 1106 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point g – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point g – paragraph 1
Research and development to investigate alternatives to the use of materials and closure of the materials cycle and innovative business model approaches.
Amendment 1107 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.1 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.1 – paragraph 1
The specific objective of biotechnology research and innovation is to develop competitive, sustainable and innovative industrial products and processes and contribute as an innovation driver in a number of European sectors like agriculture, food, chemical and healthhealth, chemical, agriculture and food.
Amendment 1126 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point a – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point a – paragraph 1
Development of emerging technology areas such as synthetic biology, bioinformaticschip array and microarray technologies, bioinformatics, nanobiotechnology and systems biology, which hold great promise for completely novel applications.
Amendment 1134 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point c – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point c – paragraph 1
Development of platform technologies ( omic sciences (e.g. genomics, meta- genomics, proteomics), molecular tools sensing, biomarker discovery and analysis and drug discovery and analysis) to enhance leadership and competitive advantage in a wide number of economic sectors.
Amendment 1148 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.2 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.2 – paragraph 1
The manufacturing sector is of high importance to the European economy, contributing to around 17 % of GDP and accounting for some 22 million jobs in the Union in 2007 being most of the enterprises small and medium. With the lowering of economic barriers to trade and the enabling effect of communications technology, manufacturing is subject to strong competition and has been gravitating to countries of lowest overall cost. Due to high wages, the European approach to manufacturing therefore has to change radically to remain globally competitive and Horizon 2020 can help bring together all the relevant stakeholders to achieve this.
Amendment 1153 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point a – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point a – paragraph 1
Promoting sustainable industrial growth by facilitating a strategic shift in Europe from cost-based manufacturing to an approach based on the creation of high added value with innovative developments.
Amendment 1167 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – paragraph 1
Increasing the competitiveness of process industries, by drastically improving resource and energy efficiencies and reducing the environmental impact of such industrial activities through the whole value chain, promoting the adoption of low-carbon technologies, e.g. developing new catalysts for more ecofriendly and efficient processes.
Amendment 1206 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.2 – paragraph 9
Annex 1 – Part 2 – point 2 – point 2.2 – paragraph 9
The Debt and Equity facilities, supported by a set of accompanying measures managed by the European Investment Bank and the European Investment Fund, will support the achievement of Horizon 2020‘s policy objectives. To this end, they will be dedicated to consolidating and raising the quality of Europe's science base; promoting research and innovation with a business- driven agenda; and addressing societal challenges, with a focus on activities such as piloting, demonstration, test-beds and market uptake. In the interest of ensuring critical mass and a whole-innovation-chain approach, they will preferentially target activities resulting from other actions funded under Horizon 2020, including the new dedicated SME instrument.
Amendment 1209 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.2 – paragraph 10
Annex 1 – Part 2 – point 2 – point 2.2 – paragraph 10
In addition, they will help tackle the R&I objectives of other programmes and policy areas, such as the Common Agricultural Policy, climate action (transition to a low- carbon economy and adaptation to climate change), and the Common Fisheries Policy, the Cohesion Policy and the Programme for SME Competitiveness (COSME). Complementarities with national and regional financial instruments will be developed in the context of the Common Strategic Framework for Cohesion Policy, where an increased role for financial instruments is foreseen.
Amendment 1276 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 3
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 3
The cost of Union health and social care systems is rising with care and prevention measures in all ages increasingly expensive, the number of Europeans aged over 65 expected to nearly double from 85 million in 2008 to 151 million by 2060, and those over 80 to rise from 22 to 61 million in the same period. Increased longevity is a development which has positive social and economic implications and opportunities for society. Reducing or containing these costs such that they do not become unsustainable depends in part on ensuring the lifelong health and wellbeing of all and therefore on the effective prevention, treatment and management of disease and disability.
Amendment 1297 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 6
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 6
Infectious diseases (e.g. HIV/AIDS, tuberculosis and, malaria and neglected diseases), are a global concern, accounting for 41 % of the 1.5 billion disability adjusted life years worldwide, with 8 % of these in Europe. Emerging epidemics and the threat of increasing anti-microbial resistance must also be prepared for.
Amendment 1302 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 7 a (new)
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 7 a (new)
Other factors such as wealth, inclusion, engagement, social capital, and work also affect health and well-being and a holistic approach must be taken.
Amendment 1320 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 1
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 1
Effective health promotion, supported by a robust evidence base, prevents disease, improves wellbeing and is cost effective. Health promotion, wellbeing and disease prevention also depend on an understanding of the biological and social determinants of health, on effective preventive tools, (such as vaccines, on effective and policy interventions targeting social determinants and at risk groups), on effective health promotion, health and disease surveillance and preparedness, and on effective screening programmes.
Amendment 1329 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 3
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 3
An increasing disease and disability burden in the context of an aging population suffering more chronic disease from an increasingly younger age places further demands on health and care sectors. If effective health and care is to be maintained for all ages, efforts are required to improve decision making in prevention and treatment provision, to identify and support the dissemination of best practice in the health and care sectors, and to support integrated care and the wide uptake of technological, organisational and social innovations empowering in particular older persons as well as disabled persons to remain active and independent. Doing so will contribute to increasing, and lengthening the duration of their physical, social, and mental well-being.
Amendment 1353 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
Specific activities shall include: understanding the determinants of health (including social determinants and environmental and climate related factors), improving health promotion and disease prevention; understanding disease and improving diagnosis; developing effective screening programmes and improving the assessment of disease susceptibility; improving surveillance and preparedness; developing better preventive vaccines; using in-silico medicine for improving disease management and prediction; design of environments to aid recovery and rehabilitation; treating disease; transferring knowledge to clinical practice and scalable innovation actions; better use of health, cohort and administrative data; active ageing, independent and assisted living; individual empowerment for self- management of health; promotion of integrated care; broadening understanding of demographic change to inform policy development; improving scientific tools and methods to support policy making and regulatory needs; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice, and innovative technologies and approaches.
Amendment 1369 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.1 – paragraph 2
Annex 1 – Part 3 – point 2 – point 2.1 – paragraph 2
Over the coming decades, Europe will be challenged by increased competition for limited and finite natural resources, by the effects of climate change, in particular on primary production systems (agriculture, forestry, fisheries and aquaculture) and by the need to provide a sustainable, safe, affordable, nutritious and secure food supply for the European and an increasing global population. A 70 % increase of the world food supply is estimated to be required to feed the 9 billion global population by 2050. Agriculture accounts for about 10 % of Union greenhouse gases emissions, and while declining in Europe, global emissions from agriculture are projected to increase up to 20 % by 2030. Furthermore, Europe will need to ensure sufficient supplies of raw materials, water, energy and industrial products, under conditions of decreasing fossil carbon resources and other resources (oil and liquid gas production expected to decrease by about 60 % by 2050), while maintaining its competitiveness. Bio-waste (estimated at up to 138 million tonnes per year in the Union, of which up to 40 % is land-filled) represents a huge problem and cost, despite its high potential added value. For example, an estimated 30 % of all food produced in developed countries is discarded. Major changes are needed to reduce this amount by 50 % in the Union by 203026 . In addition, national borders are irrelevant in the spread of animal and plant pests and diseases, including zoonotic diseases, and food borne pathogens. While effective national prevention measures are needed, action at Union level is essential for ultimate control and the effective running of the single market. The challenge is complex, affects a broad range of interconnected sectors and requires a plurality of approaches.
Amendment 1380 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.1 – paragraph 5
Annex 1 – Part 3 – point 2 – point 2.1 – paragraph 5
In essence, a transition is needed towards an optimal and renewable use of biological resources and towards sustainable primary production and processing systems that can produce more food and other bio-based products with minimised inputs, environmental impact and greenhouse gas emissions, enhanced ecosystem services, and zero-waste and adequate societal value. Responses to the way we generate, distribute, market, consume and regulate food production must be better understood and developed. A critical effort of interconnected research and innovation is a key element for this to happen, in Europe and beyond.
Amendment 1407 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point a – paragraph 1
Annex 1 – Part 3 – point 2 – point 2.3 – point a – paragraph 1
The aim is to supply sufficient food, feed, biomass and other raw-materials, while safeguarding natural resources and enhancing ecosystems services, including coping with and mitigating climate change. The activities shall focus on more sustainable and productive agriculture and forestry systems which are both resource- efficient (including water low-carbon) and resilient, while at the same time developing of services, concepts and policies for thriving rural livelihoods.
Amendment 1409 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point b – introductory part
Annex 1 – Part 3 – point 2 – point 2.3 – point b – introductory part
(b) Sustainable and competitive agri-food sector for a safe, affordable and healthy diet
Amendment 1414 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point b – paragraph 1
Annex 1 – Part 3 – point 2 – point 2.3 – point b – paragraph 1
The aim is to meet the requirements of citizens and the environment for safe, healthy and affordable food, and to make food and feed processing and distribution more sustainable and the food sector more competitive. The activities shall focus on healthy and safe foods for all, informed consumer choices, and competitive food processing methods that use less resources and produce less by-products, waste and green-house gases.
Amendment 1430 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point d – paragraph 1
Annex 1 – Part 3 – point 2 – point 2.3 – point d – paragraph 1
The aim is the promotion of low carbon, resource efficient, sustainable and competitive European bio-based industries. The activities shall focus on fostering the bio-economy by transforming conventional industrial processes and products into bio- based resource and energy efficient ones (including water and energy), the development of integrated biorefineries, utilising biomass from primary production, biowaste and bio- based industry by- products, and opening new markets through supporting standardisation, regulatory and demonstration/field trial activities and others, while taking into account the implication of the bio-economy on land use and land use changes.
Amendment 1482 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 7
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 7
The activities under this challenge, together with relevant and interacting activities in the other challenges, will therefore form the technological backbone of European energy and climate policy. They will also contribute to achieving the Innovation Union in the field of energy and the policy goals outlined in ‘Resource Efficient Europe’, ‘An Industrial Policy for the Globalisation Era’ and ‘A Digital Agenda for Europe’.
Amendment 1484 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Research and innovation activities on nuclear fission and fusion energy are carried out in the EURATOM part of Horizon 2020, however coordination with societal challenge num. 3 is needed in order to create synergies between both programmes and promote a higher level of efficiency and efficiency in the use of resources.
Amendment 1489 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point a – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point a – paragraph 1
Activities shall focus on research and full- scale testing of new concepts, non- technological solutions, more efficient, socially acceptable and affordable technology components and control systems with in-built intelligence, to allow optimising real-time energy management for near-zero-emission buildings, renewable heating and cooling, balance between efficiency and low quality, highly efficient industries and mass take-up of energy efficiency solutions by companies, individuals, communities and cities adopting co-generation technologies, microgrid technologies and sustainable vehicles among other solutions.
Amendment 1499 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Activities shall focus on research, development and full scale demonstration - of innovative renewables and(such as energy production based on waste management and water treatment), carbon capture and storage technologies and infrastructures offering larger scale, lower cost, environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments.
Amendment 1526 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point e – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point e – paragraph 1
Activities shall focus on multi-disciplinary research for energy technologies (including visionary actions) and joint implementation of pan-European research programmes and world-class facilities. Interacting, comparative studies at the sub national scale could help to facilitate this.
Amendment 1541 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 1
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 1
The specific objective is to achieve a European transport system that is resource- efficient, affordable, environmentally- friendly, safe and seamless for the benefit of citizens, the economy and society.
Amendment 1546 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 2
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 2
Europe must reconcile the growing mobility needs of its citizens with the imperatives of economic performance and the requirements of a low-carbon society and climate resilient economy. Despite its growth, the transport sector must achieve a substantial reduction in greenhouse gases and other adverse environmental impacts, and must break its dependency on oil, while maintaining high levels of efficiency, affordability and mobility.
Amendment 1547 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 3
Annex 1 – Part 3 – point 4 – point 4.1 – paragraph 3
Sustainable mobility can only be achieved through a radical change in the transport system, inspired by breakthroughs in transport research, far-reaching innovation, and a coherent, Europe-wide implementation of greener, safer and smarter transport solutions. mainly performed by smart region/city around EU.
Amendment 1564 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 3
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 3
Within a few decades the expected growth rates of transport would drive European traffic into a gridlock and make its economic costs and societal impact unbearable. Passenger-kilometres are predicted to double over the next 40 years and grow twice as fast for air travel. CO2 emissions would grow 35 % by 2050. Congestion costs would increase by about 50 %, to nearly EUR 200 billion annually. The external costs of accidents would increase by about EUR 60 billion compared to 2005. It's important to reduce this impact through technological improvements, economic and regulatory frameworks to facilitate introduction of new technologies and infrastructures, and wider application of behavioural sciences to understand how we choose to travel, bearing in mind that each transport mode faces different challenges and is characterised by different technology integration cycles.
Amendment 1571 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 5
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 5
The problems of pollution, congestion, affordability, safety and security are common throughout the Union and call for collaborative Europe-wide responses. Accelerating the development and deployment of new technologies and innovative solutions for vehicles, infrastructures and transport management will be key to achieve a cleaner and more efficient transport system in the Union; to deliver the results necessary to mitigate climate change and improve resource efficiency; to maintain European leadership on the world markets for transport related products and services. These objectives cannot be achieved through fragmented national efforts alone.
Amendment 1598 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.3 – point d – paragraph 2
Annex 1 – Part 3 – point 4 – point 4.3 – point d – paragraph 2
The focus of activities shall be to improve the understanding of transport related socio-economic trends and prospects, and provide policy makers with evidence-based data and analyses disseminated via the European Commission's Transport Research Knowledge Centre.
Amendment 1603 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 1
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 1
The specific objective is to achieve a resource efficient and climate change resilient economy and society and a sustainable supply of raw materials, in order to meet the needs of a growing global population within the sustainable limits of the planet's natural resources. Activities will contribute to increasing European competitiveness and improving well being, whilst assuring environmental integrity and sustainability, with the aim of keeping average global warming below 2 °C and enabling ecosystems and society to adapt to climate change.
Amendment 1628 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 2
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 2
The focus of Union actions shall therefore be on supporting key Union objectives and policies including: the Europe 2020 strategy; the Innovation Union; Resource- Efficient Europe and the corresponding Roadmap; the Roadmap for moving to a competitive low carbon economy in 205030 ; Adapting to climate change: Towards a European framework for action31 ; the Raw Materials Initiative32 ; the Union's Sustainable Development Strategy33 ; an Integrated Maritime Policy for the Union34 ; the Marine Strategy Framework Directive35 ; the Eco-innovation Action Plan and the Digital Agenda for Europe36 ; The Water Framework Directive and daughter directives37. These actions shall reinforce the ability of society to become more resilient to environmental and climate change and ensure the availability of raw materials. __________________ 37 Directive 2000/20/EC
Amendment 1632 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 4
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 4
Addressing the availability of raw materials calls for co-ordinated research and innovation efforts across many disciplines and sectors to help provide safe, economically feasible, environmentally sound and socially acceptable solutions along the entire value chain (exploration, extraction, processing, re-use, recycling and substitution). Call for Water use in rural, urban and industrial areas should be included as well as call in the field of Water Ecosystem Protection. Innovation in these fields will provide opportunities for growth and jobs, as well as innovative options involving science, technology, the economy, policy and governance. For this reason, a European Innovation Partnership on Raw Materials is being prepared.
Amendment 1657 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.3 – point e a (new)
Annex 1 – Part 3 – point 5 – point 5.3 – point e a (new)
(e a) Cultural heritage: Community response to climate change Europe's heritage is an important distinct issue as it is a unique resource which is an important evolving component of individual and collective identity, research is needed into strategies, methodologies and tools to enable a continuing dynamic cultural heritage for Europe. For example, changing environments and more frequent extreme events e.g. floods, volcanic and seismic natural hazards, raise issues of how communities understand and respond to these challenges.
Amendment 1757 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 4 – point 3 – paragraph 2
Annex 1 – Part 4 – point 3 – paragraph 2
The JRC's key competence areas will be energy, transport, environment and climate change, agriculture and food security, health and consumer protection, information and communication technologies, reference materials, and safety and security (including nuclear in the Euratom programme).The JRC activities in these areas will be conducted taking into account relevant initiatives at the level of regions, member states or the EU, within the perspectives of shaping the European Research Area.
Amendment 1775 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 2 – paragraph 2
Annex 1 – Part 5 – point 2 – paragraph 2
The EIT will address these issues by promoting structural changes in the European innovation landscape. It will do so by fostering the integration of higher education, research and innovation of the highest standards, thereby creating new environments conducive to innovation, and by promoting and supporting a new generation of entrepreneurial people. In doing so, the EIT will contribute fully to the objectives of Europe 2020 and notably the Innovation Union and Youth on the Move flagship initiatives. In addition, the EIT and its KICs should foster synergies and interaction across pillars in H2020 and with other relevant initiatives.
Amendment 1777 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 2 – paragraph 6
Annex 1 – Part 5 – point 2 – paragraph 6
The EIT, via its KICs, operates in line with business logic. Strong leadership is a pre- requisite: each KIC is driven by a CEO. KIC partners are represented by single legal entities to allow more streamlined decision-making. KICs must produce annual business plans, including an ambitious portfolio of activities from education to business creation, with clear targets and deliverables, looking for both market and societal impact. The current rules concerning participation, evaluation and monitoring of KICs allow fast-track, business-like decisions. Business should have a strong role in driving activities in KICs and the KICS should be able to mobilize investment and long term commitment for the business sector.
Amendment 1783 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 2 – paragraph 8
Annex 1 – Part 5 – point 2 – paragraph 8
The EIT KICs are highly integrated ventures, bringing together partners from industry, including SME, higher education, research and technology institutes, renowned for their excellence. KICs allow world-class partners to unite in new, cross-border configurations, optimise existing resources and open up access to new business opportunities via new value chains, addressing higher-risk, larger-scale challenges.
Amendment 1785 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 3 – paragraph 1
Annex 1 – Part 5 – point 3 – paragraph 1
The EIT shall operate mainly, but not exclusively, via the Knowledge and Innovation Communities (KICs) in areas of societal challenges that are of utmost relevance to Europe's common future. While the KICs have a large degree of autonomy in defining their own strategies and activities, there are a number of innovative features common to all KICs where coordination and synergies shall be sought. The EIT will moreover enhance its impact by making the experiences from the KICs available across the Union, by disseminating good practices on how to integrate the knowledge triangle and the development of entrepreneurship, promoting the inclusion of additional partners and by actively fostering a new culture of knowledge sharing.
Amendment 185 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'background’ means any data, know- how and/or information whatever their form or nature as well as any rights such as intellectual property rights which are (i) held by participants prior to their accession to the action and (ii) identified by the participants in accordance with Article 42, which is needed for carrying out the indirect action or for using the results of the indirect action;
Amendment 202 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) 'exploitation' means the direct or indirect utilization of results in further research activities other than those covered by the indirect action concerned, or for developing, creating and marketing a product or process, or for creating and providing a service;
Amendment 209 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'legal entity’ means undertakings, research centres and universities or other research and innovation institutions, encompassing any natural person, or any legal person created under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations;
Amendment 211 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) 'non-profit legal entity' means a legal entity which by law shall not have a lucrative aim and/or which has a legal or statutory obligation not to distribute profits and/or which is recognized as such by national, Union or international authorities;
Amendment 214 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘ means any data, knowledge and information whatever their form or nature, whether or not they can be protected, which are generated in the action as well as any attached rights, including intellectual property rights such as copyright, design rights, patent rights, plant variety rights or similar forms of protection;
Amendment 221 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15a) 'usual accounting practices' means the accounting principles and conventions habitually and demonstrably employed by a participant for the purpose of participating in national or regional public research and innovation programmes analogous to Horizon 2020;
Amendment 229 #
2011/0399(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Subject to the conditions established in the implementing agreements, decisions or contracts, any data, knowledge and information communicated as confidential in the frame of an action shall be kept confidential by the institutions and bodies and the participants taking part in an action, taking due account of any rules regarding the protection of classified information.
Amendment 251 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. An European Grouping of Territorial Cooperation (EGTC) or other legal body established under the laws of one of the participating countries, may participate in the action provided that it is set up by public authorities and bodies from at least two participating countries and provided that the conditions laid down in this regulation have been met, as well as any conditions laid down in the relevant work programme or work plan.
Amendment 265 #
2011/0399(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. By way of derogation from paragraph 1, an EGTC, within the meaning of article 6, may apply as sole beneficiary for an operation.
Amendment 266 #
2011/0399(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By way of derogation from paragraph 1, in the case of a project coordinated by a European Grouping for Territorial Cooperation, the minimum condition shall be the participation of two legal entities established in two different Member States or associated countries.
Amendment 309 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Each criterion listed in paragraph 1 will be scored out of 5. Half marks can be given. The scores indicate the following with respect to the criterion under examination: (a) 0 - The proposal fails to address the criterion under examination or cannot be judged due to missing or incomplete information (b) 1 - Poor. The criterion is addressed in an inadequate manner, or there are serious inherent weaknesses. (c) 2 - Fair. While the proposal broadly addresses the criterion, there are significant weaknesses. (d) 3 - Good. The proposal addresses the criterion well, although improvements would be necessary. (e) 4 - Very good. The proposal addresses the criterion very well, although certain improvements are still possible. (f) 5 - Excellent. The proposal successfully addresses all relevant aspects of the criterion in question. Any shortcomings are minor.
Amendment 328 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission or the relevant funding body shall verify the financial capacity in advance only for coordinators or other participants when the requested funding from the Union for the action is equal or superior to EUR 6500 000, as in Seventh Framework Programme, unless where, on the basis of available information, there are grounds to doubt the financial capacity of the coordinator or other participants.
Amendment 379 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Participants shall make no commitments which are incompatible with the grant agreement. Where a participant fails to comply with its obligations regarding the technical implementation of the action, the other participants shall comply with the obligations without any additional Union funding unless the Commission or funding body expressly relieves them of that obligation. The financial responsibility of each participant shall be limited to its own debt, subject to the provisions relating to the Fund. The participants shall ensure that the Commission or funding body is informed of any serious event which might affect the implementation of the action or the interests of the Union.
Amendment 380 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The participants shall implement the action and shall take all necessary and reasonable measures to that end. They shall have the appropriate resources as and when needed for carrying out the action. Where it is necessary for the implementation of the action, they may call upon third parties, including subcontractors, to carry out certain elements of the action or may use resources made available by third parties by means of contributions in kind according to the conditions set out in the grant agreement. The participant shall retain sole responsibility towards the Commission or the relevant funding body and towards the other participants for the work carried out.
Amendment 383 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the model grant agreement.
Amendment 385 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. Participants shall comply with national legislation, regulations and ethical rules in the Union and associated countries where the action will be carried out. Where appropriate, participants shall seek the approval of the relevant national or local ethics committees prior to the start of the action. Actions which are carried out by third countries and funded by the Commission shall comply with the Union legislation.
Amendment 469 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6a. In case of public and non-profit institutions, the Horizon 2020 grant should reach a maximum of 100% of the total eligible costs for all type of actions, as there are no co-financing possibilities.
Amendment 502 #
2011/0399(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. For those institutions who demonstrate an accurate analytic accounting system, indirect costs could be based on real institutional overhead costs, up to a maximum of 60%.
Amendment 506 #
2011/0399(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Eligible personnel costs shall only cover the actual hours worked by the persons directly carrying out work under the action. The evidence regarding the actual hours worked shall be provided by the participant, normally through a time recording system. Third parties carrying out the project within the premises of the beneficiary may claim actual hours worked in the project.
Amendment 538 #
2011/0399(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) they are calculated on the basis of the total actual personnel costs recorded in the participant's general accounts which may be adjusted on the basis of budgeted or estimated elements according to the conditions defined by the Commission;usual accounting practices of the beneficiary.
Amendment 595 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Independent experts shall be identified and selected on the basis of calls for applications from individuals and calls addressed to relevant organisations such as national and regional research agencies, research and technology institutions, standardisation organisations or enterprise organisations and enterprises with a view to establishing a database of candidates.
Amendment 731 #
2011/0399(COD)
Proposal for a regulation
Article 46 – paragraph 2 – subparagraph 1
Article 46 – paragraph 2 – subparagraph 1
2. Regarding actions in the activity ‘Secure societies’ within the specific objective ‘Inclusive, innovative and secure societies’, the Union institutions and bodies as well as Member States' national and regional authorities shall, for the purpose of developing, implementing and monitoring their policies or programmes in this area, enjoy access rights to the results of a participant that has received Union funding. Notwithstanding Article 43(2), such access rights shall include the right to authorise third parties to use the results in public procurement in the case of the development of capabilities in domains with very limited market size and a risk of market failure, and where a predominant public interest exists.
Amendment 58 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco- system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)by 2015 where possible, and by 2020 at the latest.
Amendment 66 #
2011/0380(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In line with the goal of simplification and decentralisation, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme integrating the various sub- national operational programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national contexts and complement the other Union policies, in particular rural development policy and cohesion policy.
Amendment 71 #
2011/0380(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Recognising the importance of the role that spouses of self-employed fishermen play in small scale coastal fishing, the EMFF should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform.
Amendment 72 #
2011/0380(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Conscious of the weak presence of small scale coastal fishermen in the social dialoguesocial and territorial importance of coastal fishermen, the EMFF should support organisations promoting thise social dialogue in the coastal fishing sector in the appropriate fora.
Amendment 73 #
2011/0380(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start- ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities.
Amendment 81 #
2011/0380(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The introduction of the transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outside theas a complement to fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start-ups and the adaptation or reassignment of vessels for complementary maritime activities outsidether than fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems, paying particular attention to tourist fishing or fishing tourism.
Amendment 83 #
2011/0380(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks, in a manner compatible with the economic and social development of the fisheries and aquaculture sector. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. TheIn order to removal ofe overcapacity through, public aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concernedshould be continued for the coastal fleet.
Amendment 88 #
2011/0380(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 98 #
2011/0380(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In line with the discard bareduction introduced by the CFP, the EMFF should support investments on board aiming at makegradually reducing unwanted catches, making the best use of unwanted fish caught and valoriseing underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board and in processing and marketing aiming at adding commercial value to fish caught.
Amendment 102 #
2011/0380(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation; therefore having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.Does not affect English version.)
Amendment 106 #
2011/0380(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture such as angling- tourism, aquaculture tourism promoting the aquaculture sector and its products, and educational or environmental activities.
Amendment 107 #
2011/0380(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space, the EMFF should support national and sub-national authorities in making their strategic choices at national levelin line with their respective powers.
Amendment 110 #
2011/0380(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to promote environmentally sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to eco-management, the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture providing for special environmental servicessustainable aquaculture.
Amendment 115 #
2011/0380(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products] as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches.
Amendment 117 #
2011/0380(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Priority should be given to producer organisations and associations of producer organisations by granting them support. The compother represenstation for storage aid and aid for production and marketing plans should gradually be phased out as the importance of this particular kind of support has lost its interest in the light of the evolving structure of the Union market for this kind of products and the growing impve fishing organisations, in particular fishermen's associations, and associations of producer ortgance of strong producer's organisationsisations by granting them support.
Amendment 119 #
2011/0380(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Recognising the growing competition small scale coastal fishermen are confronted to, the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.
Amendment 120 #
2011/0380(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) ITaking account of the characteristics of the various fisheries and the cost- effectiveness of the equipment concerned, it is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth.
Amendment 124 #
2011/0380(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national and sub- national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.
Amendment 131 #
2011/0380(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP, those operators who do not comply with the rules of the CFP, and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY, and those who are involved in IUU fishing should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.
Amendment 133 #
2011/0380(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) Member States should adopt adequate measures to guarantee the proper functioning of management and control systems. To that end, a managing authority, a paying agency and a certification body should be designated for each sub-national operational programme and their responsibilities should be specified. These responsibilities should relate primarily to the sound financial implementation, organisation of evaluation, certification of expenditure, audit and compliance with Union law. Provision should be made for regular meetings between the Commission and the national authorities concerned in order to monitor the assistance. With respect to management and control it is necessary, in particular, to establish the modalities by which Member States give the assurance that the systems are in place and function satisfactorily.
Amendment 134 #
2011/0380(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) The rules and procedures governing commitments and payments should be simplified so that a regular cash flow is ensured. A pre-financing of 47 % of the contribution from the EMFF should help speeding up the implementation of the operational programme.
Amendment 137 #
2011/0380(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) the sustainable development of fisheries areas and inland fishing,Does not affect English version.)
Amendment 141 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 10
Article 3 – paragraph 2 – point 10
(10) 'inland fishing' means fishing carried out for commercial purposes by, from a vessels operatingr otherwise, exclusively in inland waters or by other devices used for ice fishing;
Amendment 144 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 18
Article 3 – paragraph 2 – point 18
(18) 'small scalinshore coastal fishing' means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in Table 3 Annex I of Commission Regulation (EC) No 26/2004 of 30 December 2003 regarding accessing local fishing grounds that strengthens the traditional social fabric of fishing communities, is managed by SMEs and family businesses, is handed down from one generation to the next, makes daily trips, and neither fishing vreezes nor processels register of the Unionits catches on board;
Amendment 146 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 19
Article 3 – paragraph 2 – point 19
(19) 'vessels operating exclusively in inland waters' means vessels engaged in commercial fishing in inland waters and not included in the Union fishing fleet register.Does not affect English version.)
Amendment 156 #
2011/0380(COD)
Proposal for a regulation
Article 6 – point 2 – point b
Article 6 – point 2 – point b
(b) enhancement of the competitiveness and viability of fisheries, in particular of small scalthe coastal fleet, and improvement of safety or working conditions;
Amendment 179 #
2011/0380(COD)
Proposal for a regulation
Article 13 – point b
Article 13 – point b
(b) construction of new fishing vessels, decommissioning or importation of fishing vessels;
Amendment 179 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, not later than 2015. The CFP shall implement the precautionary and eco- system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) where possible and by 2020 at the very latest.
Amendment 183 #
2011/0380(COD)
Proposal for a regulation
Article 13 – point c
Article 13 – point c
Amendment 186 #
Amendment 187 #
2011/0380(COD)
Proposal for a regulation
Article 13 – point f
Article 13 – point f
Amendment 191 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a – point iii
Article 17 – paragraph 1 – point a – point iii
(iii) the share of small scalthe inshore coastal fishing fleet in the fishing fleet;
Amendment 193 #
2011/0380(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a single operational programme integrating the various sub-national operational programmes to implement the Union priorities to be co- financed by the EMFF.
Amendment 205 #
2011/0380(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Operations financed under this Article must be carried out in collaboration with a scientific or technical body recognised by the Member State which shall validate the results of such operin the business classification provided for in national public procurement legislations.
Amendment 208 #
2011/0380(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The feasibility studies and advice referred to respectively in paragraph 1(a) and (b) shall be provided by recognised scientific or technical bodies with the required advisory competences as recognised byin the national law of each Member Statebusiness classification provided for in national public procurement legislation.
Amendment 212 #
2011/0380(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In line with the goal of simplification and decentralisation, all activities of the EMFF which fall under shared management, including control and data collection, should take the form of one single operational programme per Member State, in accordance with its national structure. The programming exercise shall cover the period from 1 January 2014 to 31 December 2020. Each Member State should prepare a single operational programme incorporating all of the operational programmes from the different regions. Each programme should identify a strategy for meeting targets in relation to the Union priorities for the EMFF and a selection of measures. Programming should comply with Union priorities, while being adapted to national contexts and complement the other Union policies, in particular rural development policy and cohesion policy.
Amendment 223 #
2011/0380(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 228 #
2011/0380(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Recognising the importance of the role that spouses of self-employed fishermen play in small scale coastal fishing, the EMFF should support training and networking contributing to their professional development and giving them the means to better fulfil the ancillary tasks they traditionally perform.
Amendment 233 #
2011/0380(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Conscious of the weak presence of small scale coastal fishermen in the social dialoguesocial and territorial importance of coastal fishermen, the EMFF should support organisations promoting thise social dialogue of the coastal fishing sector in the appropriate fora
Amendment 240 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. In order to reduce the impact of fishing on the marine environment, foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species abovet least at levels which can produce the MSY, the EMFF may support investments in equipment:
Amendment 245 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 247 #
2011/0380(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Conscious of the potential that diversification offers for small scale coastal fishermen and their crucial role in coastal communities, the EMFF should help diversification by covering business start- ups and investments for the retrofitting of their vessels, in addition to the relevant training to acquire professional skills in the relevant field outside fishing activities.
Amendment 269 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Support shall not contribute to the replacement or modernisation of main or ancillary engines. Support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel, fishermen's organisations and administrations.
Amendment 271 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In order to improve the quality of the fish caught the EMFF may support investments on board, in processing and marketing, for this purpose.
Amendment 272 #
2011/0380(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The introduction of the transferable fishing concessions systems should make the sector more competitive. Consequently, there may be a need for new professional opportunities outsidein addition to the fishing activities. Therefore, the EMFF should support the diversification and job creation in fishing communities in particular by supporting business start-ups and the conversion or reassignment of vessels for additional maritime activities outside fishing activities of small scale coastal fishing vessels. This last operation seems to be appropriate as the small scale coastal fishing vessels are not covered by the transferable fishing concessions systems, paying particular attention to recreational angling or recreational fishing.
Amendment 273 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. In order to improve the use of unwanted catches the EMFF may support investments on board, in processing and marketing, to make the best use of unwanted catches of commercial stocks and valorise underused components of fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment 274 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 275 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. The support referred to in paragraph 1 shall only be granted to owners of Union fishing vessels whose vessels are which have carried a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application, and to fishermen's organisations.
Amendment 278 #
2011/0380(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In order to facilitate the use of unwanted catches the EMFF may support investments in fishing ports and landing sites which enable to make the best use of unwanted catches of commercial stocks and which valorise under-used components of the fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment 280 #
2011/0380(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 281 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
Amendment 281 #
2011/0380(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The objective of the Common Fisheries Policy is to ensure a sustainable exploitation of fish stocks in a way that is compatible with the economic and social development of the fisheries and aquaculture sector. Overcapacity has been identified as a major driver for overfishing. It is therefore paramount to adapt the Union fishing fleet to the resources available. The removal of overcapacity through pPublic aid such as temporary or permanent cessation and scrapping schemes has proven ineffective. The EMFF will therefore support the establishment and management of systems of transferable fishing concessions aiming at the reduction of overcapacity and increased economic performance and profitability of the operators concernedfor coastal fleets should be maintained for the purpose of eliminating overcapacity.
Amendment 282 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) References made in Articles 33, 36 and 39 to fishing vessels shall be understood as references to vessels operating exclusively in inland water;Does not affect English version.)
Amendment 283 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
(b) References made in Article 36 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operatesis carried out.
Amendment 284 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 285 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 286 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 287 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
Amendment 289 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Support under this Chapter shall be limigranted to aquaculture enterprises unless otherwise expressly established, aquaculture farmers' and fishermen's organisations and natural persons.
Amendment 292 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Operations under this Article must be carried out in collaboration with a scientific or technical body as recognised byin the national law of each Member State which shall validate the results of such operbusiness classification provided for in national public procurement legislations.
Amendment 293 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) adding value to aquaculture products, in particular by allowing the aquaculture enterprisesector to carry out the processing, marketing and direct sale of its own aquaculture production;
Amendment 293 #
2011/0380(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 294 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) diversification of the income of the aquaculture enterprisessector through the development of new aquaculture species with good market prospects;
Amendment 295 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) diversification of the income of the aquaculture enterprisessector through the development of complementary activities outside aquaculture.
Amendment 296 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Support under paragraph 1(c) shall be granted only to aquaculture enterprises provided that the complementary activities outside aquaculture relate to the core aquaculture business of enterprise, such as angling tourism, aquaculture tourism promoting the aquaculture sector and its products, aquaculture environmental services or educational activities on aquaculture.
Amendment 298 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 299 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 311 #
2011/0380(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In line with the reduction of discard bans introduced by the CFP, the EMFF should support investments on board aiming at the progressive reduction of undesirable catches, make the best use of unwanted fish caught and valorise underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board and during the processing and marketing stages aiming at adding commercial value to fish caught.
Amendment 314 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 2 – introductory part
Article 55 – paragraph 2 – introductory part
2. Support may only be granted where the suspension of harvesting due to contamination of molluscs is the result of the proliferation of toxin-producing plankton or the presence of plankton containing biotoxins, or the proliferation of coliforms (E. coli) and when:
Amendment 315 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 2 – point a
Article 55 – paragraph 2 – point a
(a) it lasts for more than four months consecutivelya month; or
Amendment 316 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 319 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
The occurrence of an adverse climatic event or the outbreak of disease in aquaculture shall be formally recognised as such by the competent sub-national authority or the Member State concerned.
Amendment 320 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
The competent sub-national authority or the Member States may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted.
Amendment 331 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d
Article 72 – paragraph 1 – point d
(d) for the processing of organicsustainable aquaculture products as regulated in Article 6 and 7 of Council Regulation(EC) No 834/2007.
Amendment 332 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d a (new)
Article 72 – paragraph 1 – point d a (new)
(da) contributing to improved working conditions;
Amendment 333 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d b (new)
Article 72 – paragraph 1 – point d b (new)
(db) improving and monitoring public health and hygiene conditions or product quality;
Amendment 333 #
2011/0380(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) It is vital for the Union that a sustainable balance be achieved between fresh water resources and their exploitation; therefore having due regard to environmental impact while ensuring that these sectors retain economic viability, appropriate provisions should support inland fishing.
Amendment 334 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d c (new)
Article 72 – paragraph 1 – point d c (new)
(dc) producing new products, applying new technologies, or developing innovative production methods.
Amendment 342 #
2011/0380(COD)
Proposal for a regulation
Recital 48
Recital 48
New forms of income combined with aquaculture activities have already shown their added value for business development. Therefore the EMFF should support these complementary activities outside aquaculture such as angling- tourism, aquaculture tourism for promoting the aquaculture sector and its products, educational or environmental activities.
Amendment 344 #
2011/0380(COD)
Proposal for a regulation
Article 79 – paragraph 2 – point b
Article 79 – paragraph 2 – point b
(b) national and sub-national multi-annual sampling programmes;
Amendment 345 #
2011/0380(COD)
Proposal for a regulation
Article 79 – paragraph 2 – point e
Article 79 – paragraph 2 – point e
(e) the participation of Member States' and sub-national administrations' representatives in regional coordination meetings as referred to in Article 37(4) of the [Regulation on the Common Fisheries Policy], meetings of regional fisheries management organisations of which the EU is a contracting partner or an observer or meetings of international bodies in charge of providing scientific advice.
Amendment 351 #
2011/0380(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Conscious of the need to identify the most suitable areas for developing aquaculture taking into account access to waters and space, the EMFF should support national and sub-national authorities in making their strategic choices at national levelbased on their respective competences.
Amendment 364 #
2011/0380(COD)
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. In addition to the general rules of Article 72 of [Regulation (EU) No [...] laying down Common Provisions], and following the Commission decision approving the operational programme, an initial pre- financing amount for the whole programming period shall be paid by the Commission. This shall represent 47% of the contribution from the Union budget to the operational programme concerned. It may be split into two instalments depending on budget availability.
Amendment 368 #
2011/0380(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to promote environmentally sustainable aquaculture, the EMFF should support aquaculture activities which are highly respectful of the environment, the conversion of aquaculture enterprises to eco-management, the use of audit schemes as well as the conversion to organic aquaculture. In the same vein, the EMFF should also support aquaculture providing for special environmental servicessustainable aquaculture.
Amendment 384 #
2011/0380(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In order to ensure the viability of fisheries and aquaculture in a highly competitive market, it is necessary to lay down provisions granting support for the implementation of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products]1 as well as for marketing and processing activities carried by operators to maximise the value of fisheries and aquaculture products. Particular attention should be paid to the promotion of operations which integrate producing, processing and marketing activities of the supply chain. In order to adapt to the new discard ban policy, the EMFF should also support the processing of unwanted catches.
Amendment 394 #
2011/0380(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Priority should be given to producer organisations and associations of producer organisations by granting them support. The compensation for storage aid and aid for production and marketing plans should gradually be phased out as the importance of this particular kind of support has lost its interest in the light of the evolving structure of the Union market for this kind of products and the growing importance of strong producer's organisationsother representative fishing organisations, in particular fishermen's associations, and associations of producer organisations by granting them support.
Amendment 404 #
2011/0380(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Recognising the growing competition small scale coastal fishermen are confronted to, the EMFF should support entrepreneurial initiatives of small scale coastal fishermen adding value to the fish they catch, in particular by carrying out the processing or direct marketing of the fish they catch.
Amendment 412 #
2011/0380(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) ITaking account of the characteristics of the different fisheries and the cost effectiveness of each one of them, it is paramount that Member States and operators are equipped in such a way that controls can be carried out to a high standard and therefore ensure compliance with the rules of the Common Fisheries Policy while providing for the sustainable exploitation of living aquatic resources; the EMFF should therefore support Member States and operators in conformity with Council Regulation (EC) No 1224/2009. By creating a culture of compliance, this support should contribute to sustainable growth.
Amendment 421 #
2011/0380(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) Provisions should be laid down for support to collect, manage and use of fisheries data as specified in the multiannual Union programme, in particular to support national and sub- national programmes and the management and use of data for scientific analysis and CFP implementation. The support granted to Member States on the basis of the Regulation (EC) No. 861/2006 for the expenditure incurred relating to the collection, management and use of fisheries data should be continued under the EMFF pursuing the logic of a single fund.
Amendment 439 #
2011/0380(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Conscious of the importance of ensuring conservation of marine biological and protecting fish stocks in particular from illegal fishing and in the spirit of the conclusions drawn in the Green Paper on the Reform of the CFP1, those operators who do not comply with the rules of the CFP, and particularly jeopardise the sustainability of the stocks concerned and constitute therefore a serious threat to the sustainable exploitation of living marine biological resources that restores and maintains populations of harvested species above levels which can produce the MSY1, those operators who do not comply with the rules of the CFP, and those who are involved in IUU fishing should be excluded from support under the EMFF. Union funding should not at any stage from the selection to the implementation of an operation be used to undermine the public interest of conservation of marine biological resources expressed in the objectives of the CFP Regulation.
Amendment 442 #
2011/0380(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) Member States should adopt adequate measures to guarantee the proper functioning of management and control systems. To that end, a managing authority, a paying agency and a certification body should be designated for each sub-national operational programme and their responsibilities should be specified. These responsibilities should relate primarily to the sound financial implementation, organisation of evaluation, certification of expenditure, audit and compliance with Union law. Provision should be made for regular meetings between the Commission and the national authorities concerned in order to monitor the assistance. With respect to management and control it is necessary, in particular, to establish the modalities by which Member States give the assurance that the systems are in place and function satisfactorily.
Amendment 446 #
2011/0380(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) The rules and procedures governing commitments and payments should be simplified so that a regular cash flow is ensured. A pre-financing of 47 % of the contribution from the EMFF should help speeding up the implementation of the operational programme.
Amendment 465 #
2011/0380(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) the sustainable development of fisheries areas and inland fishing,
Amendment 500 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 10
Article 3 – paragraph 2 – point 10
(10) 'inland fishing' means fishing carried out for commercial purposes by, from a vessels operatingr otherwise, exclusively in inland waters or by other devices used for ice fishing;
Amendment 512 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 18
Article 3 – paragraph 2 – point 18
(18) 'small scale coastal fishing' means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in Table 3 Annex I of Commission Regulation (EC) No 26/2004 of 30 December 2003 regarding the fishing vesselin local fishing grounds which underpins the traditional social fabric of fishing communities and is managed by SMEs and family businesses that operate on a generational basis, and which involves daily fishing trips in which catches aregister of the Union not frozen or processed on board;
Amendment 516 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 19
Article 3 – paragraph 2 – point 19
(19) 'vessels operating exclusively in inland waters' means vessels engaged in commercial fishing in inland waters and not included in the Union fishing fleet register.
Amendment 520 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 19 a (new)
Article 3 – paragraph 2 – point 19 a (new)
(19a) ‘aquaculture sector’ means aquaculture enterprises, aquaculture farmers’ and fishermen’s organisations and natural persons involved in aquaculture activities.
Amendment 614 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point b
Article 6 – paragraph 1 – point 2 – point b
(b) enhancement of the competitiveness and viability of fisheries, in particular of small scale coastal fleet, and improvement of safety or working conditions;
Amendment 725 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) operators that have committed a serious infringement under Article 42 of the Regulation (EC) No 1005/2008 or Article 90(1) of the Regulation (EC) No 1224/2009, with a sanction based on a final administrative decision;
Amendment 729 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 737 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 747 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
Amendment 750 #
2011/0380(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall require that operators submitting an application under the EMFF provide to the managing authority a signed statement confirming that they respect the criteria listed in paragraph 1 and have not committed an irregularity under the EEF or the EMFF as referred to in paragraph 2. Member States shall verify the veracity of the statement before the approval of the operation.
Amendment 766 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) construction of new fishing vessels, decommissioning or importation of fishing vessels;
Amendment 780 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 791 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 801 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 859 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a – point iii
Article 17 – paragraph 1 – point a – point iii
(iii) the share of small scalinshore coastal fishing fleet in the fishing fleet;
Amendment 871 #
2011/0380(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each Member State shall draw up a single operational programme integrating the various subnational programmes to implement the Union priorities to be co- financed by the EMFF.
Amendment 995 #
2011/0380(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2,. Operations financed under this Article must be carried out in collaboration with a scientific or technical body recognised by the Member State which shall validate the results of such opeby means of the business classification provided for in national contract law for public administrations.
Amendment 1016 #
2011/0380(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The feasibility studies and advice referred to respectively in paragraph 1(a) and (b) shall be provided by recognised scientific or technical bodies with the required advisory competences as recognised by the national law of each Member Statein the business classification provided for in the national contract law for public administration.
Amendment 1073 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In order to facilitate diversification and job creation outside fishingto complement the main fishing activity, the EMFF may support:
Amendment 1088 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) business start-ups outsidecomplementary to fishing;
Amendment 1097 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) retrofitting of small scale coastal fishing vessels in order to reassign them for activities complementary to or outside fishing.
Amendment 1122 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Support under paragraph 1(b) shall be granted to small scale coastal fishermen owning a Union fishing vessel registered as active and which have carried out fishing activities at sea at least 60 days during the two years preceding the date of submission of the application. The fishing licence associated with the fishing vessel shall be permanently withdrawn.
Amendment 1130 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 1138 #
2011/0380(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
Amendment 1176 #
2011/0380(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 1199 #
2011/0380(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 1245 #
2011/0380(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a Permanent cessation of fishing activities 1. The EFF shall contribute to the financing of the permanent cessation of the fishing activities of fishing vessels, providing that this cessation is part of a fishing effort adjustment plan included in the Management Plans detailed in Article 9 of the CFP. The permanent cessation of the fishing activities of a fishing vessel may only be achieved by: a) the scrapping of the fishing vessel; b) its reassignment, under the flag of a Member State, and registration in the Community for activities outside fishing; c) its reassignment for the purpose of the creation of artificial reefs. Member States shall ensure that these operations are preceded by the corresponding environmental impact assessment. Public support for the permanent cessation of fishing activities paid to the owners of fishing vessels shall apply to the vessel’s fishing capacity and, where appropriate, the associated fishing licence. 2. The permanent cessation of fishing activities of fishing vessels shall be programmed by means of management plans. 3. To facilitate the implementation of fishing effort adjustment plans, the Member States may make public tenders or calls for proposals. Member of States may also set the level of public support taking into account cost effectiveness according to objective criteria, such as: a) the price of the fishing vessel recorded on the national market or its insurance value; b) the turnover of the fishing vessel; c) the age of the fishing vessel and its tonnage expressed in GT or its engine power expressed in kW.
Amendment 1248 #
2011/0380(COD)
Proposal for a regulation
Article 34 b (new)
Article 34 b (new)
Article 34 (b) Temporary cessation of fishing activities The EFF may contribute to the financing of support measures for the temporary cessation of fishing activities to owners of fishing vessels and fishermen, in the context of the fishing effort adjustment plan included in the Management Plans detailed in Article 9 of the CFP.
Amendment 1270 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. In order to reduce the impact of fishing on the marine environment, foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains populations of harvested species abovet levels which can as a minimum produce the MSY, the EMFF may support investments in equipment:
Amendment 1293 #
2011/0380(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 1392 #
2011/0380(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Support shall not contribute to the replacement or modernisation of main or ancillary engines. Support shall only be granted to owners of fishing vessels and not more than once during the programming period for the same fishing vessel, organisations of fishermen and administrations.
Amendment 1414 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. In order to improve the quality of the fish caught the EMFF may support investments on board, in the processing and marketing process, for this purpose.
Amendment 1427 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. In order to improve the use of unwanted catches the EMFF may support investments on board, in the processing and marketing process, to make the best use of unwanted catches of commercial stocks and valorise underused components of fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment 1431 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 1439 #
2011/0380(COD)
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. The support referred to in paragraph 1 shall only be granted to owners of Union fishing vessels whose vessels are which have carried a fishing activity for at least 60 days at sea during the two years preceding the date of submission of the application, and to organisations of fishermen.
Amendment 1456 #
2011/0380(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In order to facilitate the use of unwanted catches the EMFF may support investments in fishing ports and landing sites which enable to make the best use of unwanted catches of commercial stocks and which valorise under-used components of the fish caught, in line with Article 15 of the [Regulation on Common Fisheries Policy] and Article 8(b) of the [Regulation (EU) No on the common organisation of the markets in fishery and aquaculture products].
Amendment 1466 #
2011/0380(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 1480 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. In order to reduce the impact of inlandcontinental fishing on the environment, increase energy efficiency, increase the quality of fish landed, or to improve safety or working conditions, the EMFF may support the following investments:
Amendment 1493 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
a) References made in Articles 33, 36 and 39 to fishing vessels shall be understood as references to vessels operating exclusively in inlandcontinental water;
Amendment 1495 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
b) References made in Article 36 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operatescontinental fishing is carried out.
Amendment 1497 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. In order to sustain diversification by inlandcontinental fishermen, the EMFF may support the reassignment of vessels operating in inlandcontinental fishing to other activities outside fishing under the conditions of Article 32 of this Regulation
Amendment 1500 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. For the purposes of paragraph 3, references made in Article 32 to fishing vessels shall be understood as references to vessels operating exclusively in inlandcontinental water.
Amendment 1504 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. In order to protect and develop aquatic fauna and flora, the EMFF may support the participation of inlandcontinental fishermen in managing, restoring and monitoring NATURA 2000 sites where these areas directly concern fishing activities as well as the rehabilitation of inlandcontinental waters, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d).
Amendment 1513 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Member States shall ensure that vessels receiving support under this Article continue to operate exclusively in inlandcontinental waters.
Amendment 1518 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Support under this Chapter shall be limited tointended for aquaculture enterprises unless otherwise expressly established, organisations of aquaculture prodcuers and fishermen and legal persons.
Amendment 1553 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Operations under this Article must be carried out in collaboration with a scientific or technical body as recognised by the national law of each Member State which shall validate the results of such operathrough the business classification referred to in the national contract law of the public institutions.
Amendment 1607 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
a) adding value to aquaculture products, in particular by allowing the aquaculture enterprisesector to carry out the processing, marketing and direct sale of its own aquaculture production;
Amendment 1614 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
b) diversification of the income of the aquaculture enterprisessector through the development of new aquaculture species with good market prospects;
Amendment 1618 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) diversification of the income of the aquaculture enterprisessector through the development of complementary activities outside aquaculture.
Amendment 1623 #
2011/0380(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Support under paragraph 1(c) shall be granted only to aquaculture enterprises provided that the complementary activities outside aquaculture relate to the core aquaculture business of enterprise, such as angling tourism, aquaculture tourism promoting the aquaculture sector and its products, aquaculture environmental services or educational activities on aquaculture.
Amendment 1640 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
Amendment 1649 #
2011/0380(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
Amendment 1756 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 2 – introductory part
Article 55 – paragraph 2 – introductory part
2. Support may only be granted where the suspension of harvesting due to contamination of molluscs is the result of the proliferation of toxin-producing plankton or the presence of plankton containing biotoxins, or to the proliferation of coliforms (E. coli) and when:
Amendment 1759 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 2 – point a
Article 55 – paragraph 2 – point a
(a) it lasts for more than four months consecutivelyone month; or
Amendment 1765 #
2011/0380(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
Amendment 1801 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
The occurrence of an adverse climatic event or the outbreak of disease in aquaculture shall be formally recognised as such by the competent subnational authority or the Member State concerned.
Amendment 1804 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
The competent subnational authority or the Member States may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted.
Amendment 1955 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point a – point iii
Article 71 – paragraph 1 – point a – point iii
(iii) products obtained using methods with low impact on the environment or organic aquaculture products as defined in Council Regulation(EC) No 834/2007 on organiccoastal fisheries products or sustainable aquaculture productions.
Amendment 1963 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point b – point ii
Article 71 – paragraph 1 – point b – point ii
(ii) certification and promotion including of sustainableeasonal and local coastal fisheryies and aquaculture products and of environmentally friendly processing methods;
Amendment 1967 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point b – point iii
Article 71 – paragraph 1 – point b – point iii
(iii) direct marketing of fishery products by small scale coastal fishermen;
Amendment 1976 #
2011/0380(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point b a (new)
Article 71 – paragraph 1 – point b a (new)
b a) the marketing of new products, the application of new technologies and the development of innovative marketing methods;
Amendment 2014 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d
Article 72 – paragraph 1 – point d
(d) for the processing of organicsustainable aquaculture products as regulated in Article 6 and 7 of Council Regulation(EC) No 834/2007.;
Amendment 2019 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d a (new)
Article 72 – paragraph 1 – point d a (new)
da) contributing to the improvement of working conditions;
Amendment 2026 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d b (new)
Article 72 – paragraph 1 – point d b (new)
Amendment 2032 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d c (new)
Article 72 – paragraph 1 – point d c (new)
dc) for the production of new products, the application of new technologies and the development of innovative production methods.
Amendment 2106 #
2011/0380(COD)
Proposal for a regulation
Article 79 – paragraph 2 – point b
Article 79 – paragraph 2 – point b
b) national and sub-national multi-annual sampling programmes;
Amendment 2116 #
2011/0380(COD)
Proposal for a regulation
Article 79 – paragraph 2 – point e
Article 79 – paragraph 2 – point e
(e) the participation of Member States' representatives and sub-national governments in regional coordination meetings as referred to in Article 37(4) of the [Regulation on the Common Fisheries Policy], meetings of regional fisheries management organisations of which the EU is a contracting partner or an observer or meetings of international bodies in charge of providing scientific advice.
Amendment 2244 #
2011/0380(COD)
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. In addition to the general rules of Article 72 of [Regulation (EU) No [...] laying down Common Provisions], and following the Commission decision approving the operational programme, an initial pre- financing amount for the whole programming period shall be paid by the Commission. This shall represent 47 % of the contribution from the Union budget to the operational programme concerned. It may be split into two instalments depending on budget availability..
Amendment 895 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add Tenerife (ES) and Gran Canaria (ES) airports to the core network
Amendment 896 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the port of Santa Cruz de Tenerife (ES) to the core network
Amendment 953 #
2011/0294(COD)
Proposal for a regulation
Annex II – Section 1a
Annex II – Section 1a
add Las Palmas (ES) and Santa Cruz de Tenerife (ES)
Amendment 962 #
2011/0294(COD)
Proposal for a regulation
Annex II – Section 1b
Annex II – Section 1b
add Gran Canaria (ES) and Tenerife (ES)
Amendment 971 #
Amendment 750 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers and processors or their managing bodies in:
Amendment 765 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
a) quality schemes for agricultural products, cotton or foodstuffs established by Union legislation, including those in the process of being recognised;
Amendment 772 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
Article 17 – paragraph 1 – point b – point ii
ii) the scheme is open to all producers and processors;
Amendment 773 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 786 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Support shall be granted: a) as an annual incentive payment, the level of which shall be dsetermined according to the level of the fixed costs arising from participation in supported schemes, for a maximum dur. For the purposes of this paragraph, 'fixed costs' means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of five years. the scheme. b) cover the costs of the information and promotion activities for the products indicated in paragraph 1 of this article.
Amendment 803 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Support shall be limited to the maximum amounts laid down in Annex I.
Amendment 883 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Support under paragraph 1(a) shall be granted to agricultural holdings. In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development “enhancing competitiveness of all types of agriculture and enhancing farm viability”, shall be eligible. Support under paragraph 1(b) shall only be payable to SMEs and to producer organisations and agricultural cooperatives, irrespective of their size. Similarly, the selection criteria defined under Article 49 shall promote projects developed by producer organisations and cooperatives.
Amendment 1026 #
2011/0282(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Amendment 1198 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
Eligible operations shall be consistent with the forest protection plan established by the Member States. For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the submission of a forest management plan detailing the preventive objectives. This requirement shall be waived for farms that are part of landowner associations and are covered by a prevention plan drawn up by the competent authorities.
Amendment 1224 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. This measure can thus be used to finance the establishment of forest planning instruments such as planning projects and technical plans that shall include investment initiatives funded by this measure.
Amendment 1245 #
Amendment 1253 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Support under this measure shall be granted in order to facilitate the setting up and merging of producer groups in the agriculture and forestry sectors for the purpose of:
Amendment 1275 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 2 – subparagraph 1
Article 28 – paragraph 2 – subparagraph 1
Support shall be granted to producer groups which are officially recognised by the Member States' competent authority on the basis of a business plan. It shall be limited to producer groups coming under the definition of SMEFor producer groups with a turnover of less than EUR 1 million with regard to Member States that joined the EU before 2004, in accordance with Article 8(1)(d) of this Regulation, support shall only be granted in respect of RDPs with a thematic sub- programme concerning short supply chains.
Amendment 1347 #
2011/0282(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Support under this measure shall be granted, per hectare of UAA and/or LU, to farmers or groups of farmers who undertake, on a voluntary basis to convert to or maintain organic farming practices and methods as defined in Council Regulation (EC) No 834/200735.
Amendment 1569 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
Amendment 1583 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 1591 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 1632 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30% of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund or under insurance contracts to farmers shall compensate for not more than 70% of the income lost. In the event that this measure is included in the rural development programmes, funds shall be allocated in proportion to the risk to the incomes of holdings in the Member State or region concerned.
Amendment 1680 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
In cases where co-operation projects are not selected by the local action groups, Member States shall establish a system of ongoing applicationfor applying for co-operation projects, paying heed to the time limits set by the Commission for this purpose.
Amendment 1719 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, only investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwards and in Member States in the Mediterranean Basin investments in new irrigation installations can be considered eligible expenditure in cases where. The infrastructure shall undergo an environmental analysis to provides evidence that the investment concerned is sustainable and has no negative environmental impact.
Amendment 1919 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point b a (new)
Article 64 – paragraph 4 – point b a (new)
(ba) the average annual level of compensation which would have been required for each EU Member State over the 1998 to 2007 period had the income stabilisation tool been used, based on the evolution of the gross farm income indicator.
Amendment 1924 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 6 a (new)
Article 64 – paragraph 6 a (new)
6a. In Member States in which rural development programming is carried out through a series of regional programmes, EAFRD resources will be allocated by the State in question to each programme according to objective, non-discriminatory criteria which should include reference to the criterion established under point 4(c) of this article.
Amendment 1949 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 4 – point a
Article 65 – paragraph 4 – point a
(a) 80% for the measures referred to in Articles 15, 28, 36 and 3640, for the LEADER local development referred to in Article 28 of Regulation (EU) No [CSF/2012] and for operations under Article 20(1)(a)(i). It may be increased to 90% for the programmes of less developed, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;
Amendment 2001 #
2011/0282(COD)
Proposal for a regulation
Article 67 – paragraph 4 a (new)
Article 67 – paragraph 4 a (new)
4a. Notwithstanding Article 59 3(a) of Regulation (EU) No [CSF/2012], the contribution from the EAFRD may be made in a form other than a non- repayable direct assistance. Provisions for implementation will be decided in accordance with the procedure.
Amendment 2067 #
2011/0282(COD)
Proposal for a regulation
Annex 1 – Article 17(3)
Annex 1 – Article 17(3)
Amendment 2068 #
2011/0282(COD)
Proposal for a regulation
Annex 1 – Article 17(3)
Annex 1 – Article 17(3)
Amendment 2085 #
2011/0282(COD)
Proposal for a regulation
Annex 1 – Article 28 (4)
Annex 1 – Article 28 (4)
Amendment 646 #
2011/0281(COD)
Proposal for a regulation
Part 2 – title 1 – chapter 1 – title
Part 2 – title 1 – chapter 1 – title
Public intervention and, aid for private storage and private supply management
Amendment 803 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall, however, be empowered to adopt delegated acts in accordance with Article 90 with a view to applying this measure to any other sector listed in Article 1 of this Regulation if the circumstances referred to in Article 17(1) apply.
Amendment 812 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be empowerobliged to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States. The Commission shall draw up annual benchmarks taking account of the above factors, on the basis of which private storage shall be activated.
Amendment 844 #
2011/0281(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 847 #
2011/0281(COD)
Proposal for a regulation
Article 17 b (new)
Article 17 b (new)
Article 17b Food aid The Commission shall establish mechanisms to ensure that products covered under the Private Supply Management system are used as food aid by distributing them free of charge to charitable organisations and foundations active both within and outside the European Union.
Amendment 848 #
2011/0281(COD)
Proposal for a regulation
Article 17 c (new)
Article 17 c (new)
Article 17c Strategic Cereal Reserves The Commission shall establish, by means of delegated acts pursuant to Article 160, a Strategic Reserve system in the cereals sector which shall store cereals when the average price on the representative markets falls below a specific threshold to be set by the Commission and shall release these stocks when the average price exceeds the threshold.
Amendment 849 #
2011/0281(COD)
Proposal for a regulation
Article 17 d (new)
Article 17 d (new)
Amendment 993 #
2011/0281(COD)
Proposal for a regulation
Part 2 – title 1 – chapter 2 – section 3 – title
Part 2 – title 1 – chapter 2 – section 3 – title
Aid in the fruit and vegetables sectorto producer organisations
Amendment 995 #
2011/0281(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Producer organisations in the fruit and vegetables sectorreferred to in Article 106 of this Regulation may set up an operational fund. The fund shall be financed by:
Amendment 996 #
2011/0281(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
a) financial contributions of members or, of the producer organisation itself or a combination thereof;
Amendment 999 #
2011/0281(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The Commission shall establish the conditions under which the producer organisations referred to in Article 106 of this Regulation may, where appropriate, set up operational funds and set out arrangements for financing them. It shall lay down specific rules to ensure that the amount of Community financial aid received by the association of producer organisations and by their partner producer organisations does not exceed the ceiling set in Article 32(2).
Amendment 1000 #
2011/0281(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1003 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Article 31 – paragraph 1 – subparagraph 1 – introductory part
1. Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or of the following objectives:
Amendment 1008 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
b) improvement of product quality, for both fresh and processed products;
Amendment 1010 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
Article 31 – paragraph 1 – subparagraph 1 – point c
c) boosting products’ commercial value, including by means of processing, where appropriate;
Amendment 1016 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point e
Article 31 – paragraph 1 – subparagraph 1 – point e
e) environmental measures and methods of production, handling or processing respecting the environment, including organic farming;
Amendment 1019 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
The operational programmes may be presented and managed, wholly or in part, directly or by delegation, by the associations of producer organisations, under conditions to be established by the Commission.
Amendment 1022 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – introductory part
Article 31 – paragraph 2 – subparagraph 1 – introductory part
1. Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with market crises oin the fruit and vegetable marketvarious sectors and shall cover in this context:
Amendment 1027 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
b) green harvesting or non-harvesting of fruit and vegetables;
Amendment 1029 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
c) promotion and communication, whether preventive or during a period of crisis;
Amendment 1033 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point d
Article 31 – paragraph 2 – subparagraph 1 – point d
d) training measures, or measures for the estimation, forecasting and monitoring of marketing years;
Amendment 1036 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point e
Article 31 – paragraph 2 – subparagraph 1 – point e
e) harvest insurance, or any other kind of insurance under conditions to be set by the Commission;
Amendment 1041 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up mutual funds. Contributions to mutual funds shall also be eligible, under conditions to be set by the Commission.
Amendment 1044 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Amendment 1046 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 3
Article 31 – paragraph 2 – subparagraph 3
Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both. The maximum amounts of aid for withdrawals, green harvesting and non-harvesting shall be set by the Commission with due account for the production costs of each product, and shall be updated periodically.
Amendment 1066 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 4 – introductory part
Article 32 – paragraph 4 – introductory part
4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 510 % of the volume of marketed production of each producer organisation and which are disposed of by way of:
Amendment 1067 #
2011/0281(COD)
Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1 (new)
Article 32 – paragraph 4 – subparagraph 1 (new)
In respect of fruit and vegetables withdrawn from the market for distribution free of charge to the charitable organisations and foundations referred to in this article, Union financial assistance will cover payment for these products, transport costs arising from such free distribution, as well as the cost of either packing or processing of such fruit and vegetables carried out for the purposes of ease of distribution.
Amendment 1071 #
2011/0281(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Amendment 1221 #
2011/0281(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Article 54a Public stocks Public stocks for food security purposes may be from any of the sectors listed under Article 1(2.)
Amendment 1222 #
2011/0281(COD)
Proposal for a regulation
Article 54 b (new)
Article 54 b (new)
Article 54c General principles on public stocks Public stocks and the EU food security programme shall be based on the following conditions: (a) The volume and accumulation of such stocks shall correspond to predetermined targets related solely to food security. (b) The process of stock accumulation and disposal shall be transparent. (c) Purchases shall be made at current market prices. (d) Products from food security stocks shall be made at no less than the current market price for the product and quality in question.
Amendment 1223 #
2011/0281(COD)
Proposal for a regulation
Article 54 c (new)
Article 54 c (new)
Article 54c Delegated powers In view of the need to guarantee the accumulation and holding of stocks of products which form an integral part of the EU's food security programme, the Commission shall be empowered to adopt delegated acts in accordance with Article 160.
Amendment 1241 #
2011/0281(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
Without prejudice to any specific provisions which may be adopted by the Commission, Member States shall check whether those products conform to those standards and shall apply penalties as appropriate.
Amendment 1330 #
2011/0281(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68a Compulsory indication 1. Indication of the country of origin or place of provenance on the labelling of or documentation accompanying the food product shall be compulsory. 2. Where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient: (a) the country of origin or place of provenance of the primary ingredient in question shall be given; (b) or the country of origin or place of provenance of the primary ingredient shall be indicated as being different to that of the food.
Amendment 1499 #
2011/0281(COD)
Proposal for a regulation
Article 102 b (new)
Article 102 b (new)
Amendment 1501 #
2011/0281(COD)
Proposal for a regulation
Article 103 c (new)
Article 103 c (new)
Amendment 1503 #
2011/0281(COD)
Proposal for a regulation
Article 103 d (new)
Article 103 d (new)
Article 103d Replanting rights 1. Member States shall grant replanting rights to producers who have grubbed up a legally recognised and registered area planted with vines. However, grubbed-up areas for which a grubbing-up premium has been granted shall not generate replanting rights. 2. Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which new vines for which the replanting rights had been granted have been planted. 3. Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop. 4. The replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out. 5. By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases: a) part of the holding concerned is transferred to that other holding; b) areas on that other holding are intended for: i) the production of wines with a protected designation of origin or a protected geographical indication, or ii) the cultivation of graft nurseries. Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non- irrigated to irrigated areas. 6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Community or national legislation. 7. Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein.
Amendment 1505 #
2011/0281(COD)
Proposal for a regulation
Article 103 e (new)
Article 103 e (new)
Amendment 1507 #
2011/0281(COD)
Proposal for a regulation
Article 103 f (new)
Article 103 f (new)
Amendment 1509 #
2011/0281(COD)
Proposal for a regulation
Article 103 g (new)
Article 103 g (new)
Article 103g De minimis This Subsection shall not apply in Member States where the Community planting rights regime did not apply by 31 December 2007.
Amendment 1510 #
2011/0281(COD)
Proposal for a regulation
Article 103 h (new)
Article 103 h (new)
Article 103h Stricter national rules Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may also require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential.
Amendment 1512 #
2011/0281(COD)
Proposal for a regulation
Article 103 j (new)
Article 103 j (new)
Article 103j Implementing measures The measures necessary for the implementation of this Subsection shall be adopted in accordance with the procedure referred to in Article 162 of this Regulation. Those measures may include any of the following: a) provisions to avoid excessive administrative charges when applying said provisions; b) the co-existence of vines pursuant to Article 103f(2); c) the application of the reduction coefficient referred to in Article 103f(5).
Amendment 1520 #
2011/0281(COD)
Proposal for a regulation
Article 103 l (new)
Article 103 l (new)
Article 103l National quotas 1. The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2014 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex XX. 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 101b, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales. 3. The national quotas set out in Annex XX shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States.
Amendment 1523 #
2011/0281(COD)
Proposal for a regulation
Article 103 m (new)
Article 103 m (new)
Article 103m Individual quotas 1. The producers' individual quota or quotas at 1 April 2014 shall be equal to their individual reference quantity or quantities at 31 March 2014 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2014. 2. Producers may have either one or two individual quotas, one for deliveries and the other for direct sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each. 4. Individual quotas shall be modified, where appropriate, for each of the twelve- month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adjusted in accordance with Article 101d, taking account of any reductions made for allocation to the national reserve as provided for in Article 101f.
Amendment 1526 #
2011/0281(COD)
Proposal for a regulation
Article 103 n (new)
Article 103 n (new)
Article 103n Allocation of quotas from the national reserve Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 101f on the basis of objective criteria to be notified to the Commission.
Amendment 1529 #
2011/0281(COD)
Proposal for a regulation
Article 103 o (new)
Article 103 o (new)
Article 103o Management of quotas 1. The Commission shall adjust for each Member State and for each period, before the end of that period, the division between ‘deliveries’ and ‘direct sales’ of national quotas, in the light of the conversions requested by producers between individual quotas for deliveries and for direct sales. 2. Member States shall forward to the Commission each year, by dates to be fixed by the Commission, the information necessary to: a) make the adjustment referred to in paragraph 1 of this Article; b) calculate the surplus levy to be paid by each Member State.
Amendment 1532 #
2011/0281(COD)
Proposal for a regulation
Article 103 p (new)
Article 103 p (new)
Article 103p Fat content 1. Each producer shall be assigned a reference fat content, to be applied to the individual quota for deliveries allocated to that producer. 2. For the quotas allocated to producers on 31 March 2014 in accordance with Article 101b(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date. 3. The reference fat content shall be altered during the conversion referred to in Article 101b(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission. 4. For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed in accordance with rules to be established by the Commission. 5. The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0.1 gram per kg the reference fat content set in Annex [X].
Amendment 1535 #
2011/0281(COD)
Proposal for a regulation
Article 103 q (new)
Article 103 q (new)
Article 103q National reserve 1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex ..., in particular with a view to making the allocations provided for in Article 101c. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 101g, retaining part of transfers as provided for in Article 101k, or by making an across- the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales. 2. Any additional quotas allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. The quotas placed in the national reserve shall not have a reference fat content.
Amendment 1538 #
2011/0281(COD)
Proposal for a regulation
Article 103 r (new)
Article 103 r (new)
Article 103r Cases of inactivity 1. When a natural or legal person holding individual quotas stops producing and marketing milk during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, unless that person becomes a producer once again before that date. Where that person becomes once again a producer not later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn shall revert to that person no later than 1 April following the date of application. 2. Where producers do not market a quantity equal to at least 85 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve. Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority.
Amendment 1541 #
2011/0281(COD)
Proposal for a regulation
Article 103 s (new)
Article 103 s (new)
Article 103s Temporary transfers 1. By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use. Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 101g(3) and determine to what extent the transferor can repeat transfer operations. 2. Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria: a) the need to facilitate structural changes and adjustments; b) overriding administrative needs.
Amendment 1544 #
2011/0281(COD)
Proposal for a regulation
Article 103 t (new)
Article 103 t (new)
Amendment 1548 #
2011/0281(COD)
Proposal for a regulation
Article 103 u (new)
Article 103 u (new)
Amendment 1551 #
2011/0281(COD)
Proposal for a regulation
Article 103 v (new)
Article 103 v (new)
Article 103v Retention of quotas 1. In the case of transfers as referred to in Articles 101i and 101j, Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve. 2. Where quotas have been or are transferred in accordance with Articles 101i and 101j with or without the corresponding land by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve.
Amendment 1554 #
2011/0281(COD)
Proposal for a regulation
Article 103 w (new)
Article 103 w (new)
Article 103w Aid for the acquisition of quotas No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section.
Amendment 1557 #
2011/0281(COD)
Proposal for a regulation
Article 103 x (new)
Article 103 x (new)
Article 103x Surplus levy 1. A surplus levy shall be payable on milk and other milk products marketed in excess of the established national quota. The levy shall be set, per 100 kilograms of milk, at EUR 27.83. 2. Member States shall be liable to the Community for the surplus levy resulting from overruns of the national quota, determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve-month period concerned, shall pay it, within the limit of 99 % of the amount due, to the EAGF. 3. If the surplus levy provided for in paragraph 1 has not been paid before the due date, the Commission shall, after consultation of the Committee on the Agricultural Funds, deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Article ... of Regulation (EC) No ... on the financing of the common agricultural policy. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article ... of Council Regulation (EC) No ... on budgetary discipline shall not apply. 4. The Commission shall determine the arrangements for the implementation of this Article.
Amendment 1560 #
2011/0281(COD)
Proposal for a regulation
Article 103 y (new)
Article 103 y (new)
Article 103y Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 101o and 101r, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 101a, paragraph 2. Without prejudice to Articles 101o, paragraph 3, and 101r, paragraph 1, producers shall be liable vis-à-vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 101d, 101e and 101o, for the mere fact of having overrun their available quotas.
Amendment 1563 #
2011/0281(COD)
Proposal for a regulation
Article 103 z (new)
Article 103 z (new)
Article 103z Surplus levy on deliveries 1. In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced by applying coefficients to be fixed by the Commission and with respect to the conditions determined by the latter, when there is a difference between the real fat content and the reference fat content. At national level, the surplus levy shall be calculated on the basis of the sum of the deliveries, adjusted in accordance with the first subparagraph. 2. Each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States: (a) either at national level on the basis of the amount by which each producer's quota has been exceeded, (b) or firstly at the level of the purchaser and thereafter at national level where appropriate.
Amendment 1566 #
2011/0281(COD)
Proposal for a regulation
Article 103 aa (new)
Article 103 aa (new)
Article 103aa Role of purchasers 1. Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before the date and following the procedure to be laid down by the Commission, the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means. 2. Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content. This paragraph shall also apply where a producer transfers from one purchaser to another. 3. Where, during the reference period, quantities delivered by a producer exceed that producer's available quota, the relevant Member State may decide that the purchaser shall deduct part of the price of the milk in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer's contribution, in accordance with detailed rules laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers.
Amendment 1569 #
2011/0281(COD)
Proposal for a regulation
Article 103 ab (new)
Article 103 ab (new)
Article 103ab Approval Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid by the Commission. Conditions to be fulfilled and information to be provided by producers in the case of direct sales shall be established by the Commission.
Amendment 1572 #
2011/0281(COD)
Proposal for a regulation
Article 103 ac (new)
Article 103 ac (new)
Article 103ac Surplus levy on direct sales 1. In the case of direct sales, each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been re-allocated, at the appropriate territorial level or at national level. 2. Member States shall establish the basis of calculation of the producer's contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission. 3. No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement. 4. The Commission shall determine how and when the surplus levy must be paid to the Member State's competent body.
Amendment 1575 #
2011/0281(COD)
Proposal for a regulation
Article 103 ad (new)
Article 103 ad (new)
Article 103ad Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may: a) use partially or totally the excess to finance the measures referred to in paragraph 1, point (a) of Article 101j, and/or b) redistribute it partially or totally to producers who: — fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission, or — are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set-up by this Chapter. 2. Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following twelve-month period. 3. Where a purchaser does not meet the obligation to collect the producers' contribution to the surplus levy in accordance with Article 101p, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser. 4. Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears to be fixed by the Commission shall be paid to the Member State.
Amendment 1578 #
Amendment 1587 #
Amendment 1610 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – introductory part
Article 106 – paragraph 1 – point c – introductory part
(c) pursue a specific aim, which may include at least one of the following objectives as specific aims:
Amendment 1617 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point iii
Article 106 – paragraph 1 – point c – point iii
(iii) optimising production costs and stabilisalso perhaps pursuing one or more of the specific aims laid down ing producer pricesoint (c) of Article 106a;
Amendment 1623 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point iv
Article 106 – paragraph 1 – point c – point iv
Amendment 1625 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point v
Article 106 – paragraph 1 – point c – point v
Amendment 1636 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vi
Article 106 – paragraph 1 – point c – point vi
Amendment 1638 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii
Article 106 – paragraph 1 – point c – point vii
Amendment 1662 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
Article 106 – paragraph 1 – point d a (new)
(da) have the necessary technical means to carry out their activities.
Amendment 1675 #
2011/0281(COD)
Proposal for a regulation
Article 106 a (new)
Article 106 a (new)
Amendment 1692 #
2011/0281(COD)
Proposal for a regulation
Article 107 – paragraph 2 a (new)
Article 107 – paragraph 2 a (new)
Associations of producer organisations shall have the right to apply private supply management pursuant to Article 17a.
Amendment 1694 #
2011/0281(COD)
Proposal for a regulation
Article 107 – paragraph 2 b (new)
Article 107 – paragraph 2 b (new)
Associations of producer organisations may carry out any of the activities or functions of producer organisations. They may manage their own operational programmes and, where necessary, their own operational funds. These may be full or partial operational programmes and shall be governed by implementing rules to be determined by the Commission.
Amendment 1836 #
2011/0281(COD)
Proposal for a regulation
Article 112 – paragraph 1 – introductory part
Article 112 – paragraph 1 – introductory part
Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectorsall sectors in Article 1(2), on measures:
Amendment 1850 #
2011/0281(COD)
Proposal for a regulation
Article 113 a (new)
Article 113 a (new)
Amendment 1852 #
2011/0281(COD)
Proposal for a regulation
Article 113 b (new)
Article 113 b (new)
Amendment 1901 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 3 – subparagraph 1
Article 122 – paragraph 3 – subparagraph 1
Taking into account the need to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide that the checks carried out by the customs authorities referred to in paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of the customs value against the unit value, include a check of the customs value against another value. In no circumstances may this power result in a deductive method that minimises or prevents the application of the additional duty.
Amendment 1903 #
2011/0281(COD)
Proposal for a regulation
Article 122 – paragraph 3 – subparagraph 2
Article 122 – paragraph 3 – subparagraph 2
The Commission shall, by means of implementing acts, adopt rules for the calculation of the other value referred to in the first subparagraph of this paragraph, and to ensure the traceability of each product consignment imported. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 2019 #
2011/0281(COD)
Proposal for a regulation
Article 144 – paragraph 3 a (new)
Article 144 – paragraph 3 a (new)
(3a) Notwithstanding the provisions of the previous paragraphs, the Commission shall coordinate action by the various national competition authorities in order to ensure that the rules of competition law are applied and interpreted in the most uniform way possible in sectors covered by this Regulation. It may therefore publish best practice guidelines to assist the sector in question and the various authorities.
Amendment 2051 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 1
Article 154 – paragraph 1 – subparagraph 1
Taking into account the need to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, including those caused by an increase in production costs, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty.
Amendment 2138 #
2011/0281(COD)
Proposal for a regulation
Article 159 – paragraph 1 a (new)
Article 159 – paragraph 1 a (new)
The Commission shall define the conditions under which it shall be established that there is a ‘severe market crisis’ and which shall lead to the adoption of exceptional measures in addition to the usual public and private market management measures and the automatic availability of funds from the crisis reserve.
Amendment 2145 #
2011/0281(COD)
Proposal for a regulation
Article 159 – paragraph 2 – point c a (new)
Article 159 – paragraph 2 – point c a (new)
(ca) Section 3 of Chapter II of Title I of Part II.
Amendment 2162 #
2011/0281(COD)
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point b
Article 163 – paragraph 1 – subparagraph 2 – point b
Amendment 2164 #
2011/0281(COD)
Proposal for a regulation
Article 163 – paragraph 1 – subparagraph 2 – point c
Article 163 – paragraph 1 – subparagraph 2 – point c
Amendment 473 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point k a (new)
Article 4 – paragraph 1 – point k a (new)
(ka) 'arable or cultivable land' means all agricultural areas included in the subcategories described in point II of Annex III to Regulation (EC) No 1166/2008 of the European Parliament and of the Council of 19 November 2008.
Amendment 654 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. For the purposes of paragraphs 1 and 2, associated and related enterprises shall be considered to be a single enterprise.
Amendment 678 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c a (new)
Article 9 – paragraph 3 – point c a (new)
Amendment 923 #
2011/0280(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and economic characteristics and their regional agricultural potential, and/or their institutional or administrative structure.
Amendment 924 #
2011/0280(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Without prejudice to the contents of the previous paragraph and in order to meet its objective and non-discriminatory criteria, a single flat rate shall not be applied in those Member States with highly diversified production.
Amendment 1266 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FMember States shall grant a supplementary payment to farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observewhose farms implement on their eligible hectares as defined in Article 25(2) the following agricultural practisces beneficial for the climate and the environment:
Amendment 1309 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
Amendment 1384 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practises referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31 and 32.Member States or regions may put to the Commission other practices liable to benefit the climate and the environment as an alternative to those in the previous paragraph, depending on the production characteristics and environment of the Member State or region.
Amendment 1404 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 1411 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The Commission shall approve the Member States’ and regions’ proposals referred to in the previous paragraph using the procedure set out in Article 56
Amendment 1546 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 3 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops; crop should be understood to mean ‘cultivable plant species’. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land.
Amendment 1722 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere one of the three agricultural practices beneficial for the climate and the environment finally applied pursuant to Article 29 is to have ecological focus areas on their agricultural area, farmers shall ensure that at least 75 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1836 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In order to finance the payment referred to in this Chapter, Member States shall use 30 20% of the annual national ceiling set out in Annex II.
Amendment 2060 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Coupled support may only be granted to sectors or to regions of a Member State where specific types of farming or specific agricultural sectors undergo certain difficulties and are particularly important for economic and/or social and/or environmental reasons. In accordance with the provisions of Article 22(7) and the previous paragraph, and with a view to meeting the objective and non-discriminatory criteria enshrined in Article 20, special aid, in the form of the coupled support referred to in this chapter, will be provided to small-scale cattle, sheep or goat farms in Member States or regions.
Amendment 2068 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Coupled support may be regionalised within a Member State regardless of whether it chooses to apply the basic payment on a region-by-region basis.
Amendment 2172 #
2011/0280(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. the necessity for fair, proportionate support for producers who until 2013 will receive payments based on production levels in base periods (head of livestock), yield or production quotas.
Amendment 2191 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfillMember States which have been ing the minimum requirements provided for in Article 10(1) may opt for participation inEU since before 1 May 2004 may opt to implement a simplified scheme under the conditions laid down in this Title, hereinafter referred to as 'small farmers scheme'
Amendment 2203 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
Amendment 670 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 17 – paragraph 3
Part 2 – article 17 – paragraph 3
3. Where ex ante conditionalities are not fulfilled at the date of transmission of the Partnership Contract, Member States shall set out in the Partnership Contract a summary of the actions to be taken at national or regional level and the timetable for their implementation, to ensure their fulfilment not later than twohree years after the adoption of the Partnership Contract or by 31 December 20167, whichever is earlier.
Amendment 858 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 3 – subparagraph 2
Part 2 – article 33 – paragraph 3 – subparagraph 2
Amendment 862 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 4 – subparagraph 2
Part 2 – article 33 – paragraph 4 – subparagraph 2
Amendment 868 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 7
Part 2 – article 33 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 142By means of an implementing regulation, the Commission shall laying down detailed rules concerning specific requirements regarding the transfer and management of assets managed by the entities to which implementation tasks are entrusted, as well as conversion of assets between euro and national currencies.
Amendment 877 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 34 – paragraph 3
Part 2 – article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 142 concerningBy means of an implementation regulation, the Commission shall establish the arrangements for management and control of financial instruments implemented under Articles 33(1)(a) and 33(4)(b)(i), (ii) and (iii).
Amendment 885 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 35 – paragraph 2
Part 2 – article 35 – paragraph 2
2. As regards financial instruments referred to in Article 33(1)(b) implemented in accordance with Article 33(4)(a) and (b), the total eligible expenditure presented in the request for payment shall include and separately disclose the total amount of support paid or expected to be paid to the financial instrument for investments in final recipients to be made over a pre- defined period of maximum twofour years, including management costs or fees.
Amendment 890 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 35 – paragraph 5
Part 2 – article 35 – paragraph 5
5. The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 142,By means of an implementation regulation, the Commission shall establish the specific rules concerning payments and withdrawal of payments to financial instruments and possible consequences in respect of requests of payments.
Amendment 900 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 36 – paragraph 4
Part 2 – article 36 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 142 concerning theBy means of an implementing regulation, the Commission shall establishment of a system of capitalisation of annual instalments for interest rate subsidies and guarantee fee subsidies.
Amendment 1063 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 54 – paragraph 5 bis (new)
Part 2 – article 54 – paragraph 5 bis (new)
5a. In accordance with paragraphs 1 and 2, financial transactions between entities with the same consolidated accounts shall not be taken into account when calculating net revenue, according to the methodology of the European System of Accounts, ESA, and applicable EU and national law
Amendment 1111 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 4 bis (new)
Part 2 – article 61 – paragraph 4 bis (new)
4a. Paragraphs 1 and 2 shall not apply to operations consisting in the acquisition of movable property that is written off from the inventory of the beneficiary when its useful life is over and that is amortised for accounting purposes in accordance with applicable regulations.
Amendment 1168 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 76
Part 2 – article 76
Amendment 1282 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 25 % ofFrom the Structural Funds resources for less developed regions, 40% for transition regions and 52% for more developed regions in each Member State shall be allocated to the ESF, each Member State will allocate the proportion of the ESF best suited to its regional development strategy. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 1622 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 5
Part 3 – article 110 – paragraph 5
5. The maximum co-financing rate under pParagraph 3 at the level of a priority axis shall be increased by ten percentage points, where the whole of a50 % of the resources that contribute to an investment priority axis isre delivered through financial instruments, or through community-led local development.
Amendment 1656 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 113 – paragraph 1
Part 3 – article 113 – paragraph 1
1. The Member State shall designate, for each operational programme, a national, regional or local public authority or body as managing authority. The same public authority or body may be designated as a managing authority for more than one operational programme. In those States with sufficient administrative organisation, when a representative proportion of the funds involved in an operational programme is managed by a regional authority, this authority shall be designated as managing authority.
Amendment 1662 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 113 – paragraph 2
Part 3 – article 113 – paragraph 2
2. The Member State shall designate, for each operational programme, a national, regional or local public authority or body as a certifying authority, without prejudice to pParagraph 3. The same certifying authority may be designated for more than one operational programme. In those States with sufficient administrative organisation, when a representative proportion of the funds involved in an operational programme is managed by a regional authority, this authority shall be designated as certifying authority.
Amendment 1663 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 113 – paragraph 4
Part 3 – article 113 – paragraph 4
4. The Member State shall designate, for each operational programme, a national, regional or local public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The same audit authority may be designated for more than one operational programme. In those States with sufficient administrative organisation, when a representative proportion of the funds involved in an operational programme is managed by a regional authority, this authority shall be designated as audit authority.
Amendment 1728 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 127 – paragraph 4 bis (new)
Part 3 – article 127 – paragraph 4 bis (new)
Amendment 1805 #
2011/0276(COD)
Proposal for a regulation
Part 4 – Article 142 – paragraph 2
Part 4 – Article 142 – paragraph 2
2. The delegations of power referred to in this Regulation shall be conferred for an indeterminate period of timeone year from the date of entry into force of this Regulation.
Amendment 177 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point d – point i
Article 3 – paragraph 1 – subparagraph 1 – point d – point i
(i) fixed investment in equipment and small-scale infrastructure;
Amendment 257 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) at least 860 % of the total ERDF resources at national level shall be allocated to the thematic objectives set out in points 1, 3 and 42, 3, 4 and 7 a) b), of Article 9 of Regulation (EU) No […]/2012 [CPR]; and
Amendment 266 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) at least 2015 % of the total ERDF resources at national level shall be allocated to the thematic objective set out in point 4 of Article 9 of Regulation (EU) No […]/2012 [CPR];
Amendment 483 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e a (new)
Article 5 – paragraph 1 – point 4 – point e a (new)
(e a) supporting energy efficiency and renewable energy use at tourist facilities;
Amendment 490 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e b (new)
Article 5 – paragraph 1 – point 4 – point e b (new)
(e b) improving tourist infrastructure;
Amendment 491 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e c (new)
Article 5 – paragraph 1 – point 4 – point e c (new)
(e c) protecting and enhancing the natural heritage and promoting natural resources;
Amendment 64 #
2011/0273(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Transnational cooperation should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the Union's cohesion policy priorities. Strategic cooperation should also be encouraged between border regions not covered by the cross-border programme.
Amendment 72 #
2011/0273(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Areas for transnational cooperation should be defined having regard to actions needed to promote integrated territorial development. The Commission should be empowered to define transnational cooperation areas. The Commission must take into consideration the necessary adjustments in order to ensure coherence with cross-border regional strategies.
Amendment 82 #
2011/0273(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to deliver on the targets and objectives of smart, sustainable and inclusive growth set out in the Europe 2020 strategy, the ERDF should contribute under the European territorial cooperation goal to the thematic objectives of developing an economy based on knowledge, research and innovation, promoting a greener, more resource-efficient and competitive economy, fostering high employment that delivers social and territorial cohesion, and developing administrative capacity. However, the list of the investment priorities under the different thematic objectives should be adapted to the specific needs of the European territorial cooperation goal, in particular by allowing for the continuation under cross-border cooperation of legal and administrative cooperation and cooperation between citizens and institutions, of cooperation in the fields of employment, training and social inclusion in a cross-border perspective, by allowing for the continuation under transnational cooperation of maritime cross-border cooperation and cross-border cooperation between regions not covered by cross- border cooperation programmes, and by the development and implementation of macro-regional and seabasin strategies.
Amendment 85 #
2011/0273(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) For the benefit of the cohesion policy of the Union and the Europe 2020 Strategy, structural funds should provide a more integrated focus from beginning to end for the purpose of assisting the local and regional actors involved in long-term cooperation, particularly when they are supported by a European grouping of territorial cooperation (EGTC). In the aim of enhancing this focus, sufficient geographical flexibility should be introduced in the cross-border and transnational programmes to enable the development of these enhanced collaborations;
Amendment 102 #
2011/0273(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2) Transnational cooperation over larger transnational territories, involving national, regional and local authorities and also covering maritime cross-border cooperation and regional cross-border cooperation in cases not covered by cross- border cooperation, with a view to achieving a higher degree of territorial integration of those territories, thus contributing to territorial cohesion across the Union.
Amendment 125 #
2011/0273(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Cross-border cooperation should be extended to NUTS 2 level or to the level of current cross-border cooperation actions, such as the Euroregions, provided it contributes to encouraging the development of enhanced cooperation between a limited number of regions.
Amendment 126 #
2011/0273(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 b (new)
Article 3 – paragraph 1 – subparagraph 1 b (new)
The maximum distance of 150 kilometres will not apply to the island regions inside the limits of its sea basin area for the purpose of promoting cooperation based on a common strategy within the functional area.
Amendment 165 #
2011/0273(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) up to 4all thematic objectives shallmay be selected for each cross-border cooperation programme;
Amendment 176 #
2011/0273(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
b) up to 4all thematic objectives shallmay be selected for each cross-border cooperation programme;
Amendment 246 #
2011/0273(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
b) under transnational cooperation: developmenting and implementation of macro-regional and sea-basining: macro- regional strategies; cross-border regional strategies such as the Euroregions, where they are not covered by cross-border programmes and maritime strategies (within the thematic objective of enhancimproving institutional capacity and an efficient public administration).
Amendment 350 #
2011/0273(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point 1 (new)
Article 19 – paragraph 1 – point 1 (new)
(1) The managing authority must accept a cross-border or transnational project coordinated by a European grouping of territorial cooperation (EGTC) outside of the area of cooperation, provided that the activity is carried out in the programmed area.
Amendment 105 #
2011/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
The cost of investments in physical assets for self-employment and business start-up or for changing or adjusting activity may not, in general terms, exceed EUR 35 000. In the agricultural sector, the Commission may raise these limits by means of a delegated act adopted pursuant to Article 24.
Amendment 54 #
2011/0217(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The entry into force of the Lisbon Treaty strengthened the status of Union citizenship and complemented the rights attached to it, including by introducing a new right, the Citizens' Initiative, which enables one million citizens, from a significant number of Member States, to ask the Commission to present a proposal in any of the EU's areas of responsibility and the protection of the rights enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 67 #
2011/0217(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) A Council Directive has been proposed on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation1. __________________ 1 COM(2008)0426.
Amendment 68 #
2011/0217(COD)
Proposal for a decision
Recital 5 b (new)
Recital 5 b (new)
(5b) In order to guarantee the full respect of Article 21 of the Charter of Fundamental Rights of the European Union, stating that "Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited", the proposed Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation should also include the field of linguistic discrimination.
Amendment 76 #
2011/0217(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The right to move and reside freely within the territory of the Member States is highly valued by Union citizens as a core individual right deriving from Union citizenship. As such, it demonstrates and promotes a better understanding of the value of European integration, as well as citizens' participation in shaping the European Union. When extending aspects of their lives beyond national borders by travelling to other Member States or settling there, citizens become aware and take advantage of the broad array of rights granted to them under Union law in cross- border situations. Exercising the right to free movement and residence therefore contributes to making Union citizenship a tangible reality in the daily life of citizens and so cooperation should be strengthened in the protection of residential property rights.
Amendment 94 #
2011/0217(COD)
Proposal for a decision
Recital 13
Recital 13
(13) In particular, Union citizens considering whether to make use of their right to free movement should be informed about their rights to acquire or preserve social security rights by virtue of the Union rules on coordination of social security systems; these rules ensure that they will not lose out on their social security rights when choosing to move within Europe. They should further be informed about their right to obtain recognition of their educational and professional qualifications and about the social and civic competences which form part of the European framework of ‘Key Competences for lifelong learning’ and which can equip them to fully participate in civic life and empower them to exercise their rights under Union law.
Amendment 102 #
2011/0217(COD)
Proposal for a decision
Recital 15 a (new)
Recital 15 a (new)
(15a) Stronger commitment and participation towards European elections should be enhanced through the direct election of the President of the Commission and an electoral design with regional circumscriptions in Member States with more than 20 million people.
Amendment 121 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
– to raise Union citizens' awareness of their right to move and reside freely within the European Union and more generally the rights guaranteed to Union citizens in cross-border situations, including their right to participate in the democratic life of the Union as well as their rights as enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 154 #
2011/0217(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission shall cooperate closely with Member States and bodies and associations which represent local and regional interests, in particular the Committee of Regions as well as other associations of European regions grouped according to their degree of competences and responsibilities.
Amendment 264 #
2011/0195(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed to act against the continued decline of many fish stocks. Therefore, the Union should improve its Common Fisheries Policy to ensure that as a matter of priority exploitation levels of marine biological resources stocks are restored and maintained at levels capable of producing maximum sustainable yields from the populations of harvested stocks by 2015 wherever possible, and, if not, by 2020 in accordance with the Nagoya criteria. Where less scientific information is available, this may require applying proxies to maximum sustainable yield.
Amendment 343 #
2011/0195(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Measures are needed to reduce and eliminate the current high levels of unwanted catches and discards, taking into account the specific characteristics of each fishery and taking appropriate measures to reduce them within the framework of the management plans. Indeed, unwanted catches and discards constitute a substantial waste and affect negatively the sustainable exploitation of marine biological resources and marine ecosystems as well as the financial viability of fisheries. An obligation to land all catches of managed stocks caught Consideration must be given to the particular problem of redurcing fdishing activities in Union waters or by Union fishing vessels should be established and gradually implementedcards in mixed fisheries and in fisheries that are not managed on the basis of a TAC system, such as those in the Mediterranean.
Amendment 413 #
2011/0195(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A system of transferable fishing concessions for the majority of managed stocks under the Common Fisheries Policy should be implemented no later than 31 December 2013 for all vessels of 12 meters’ length or over and all other vessels fishing with towed gearsthe high-seas and long-distant water fleet. Member States may exclude vessels up to 125 meteres’ length other than vessels using towed gearr making daily fishing trips from transferable fishing concessions. Such a system should contribute to industry- induced fleet reductions and improved economic performance while at the same time creating legally secure and exclusive transferable fishing concession of a Member State’s annual fishing opportunities. Since marine biological resources are a common good, transferable fishing concessions should only establish user entitlements to a Member State’s part of annual fishing opportunities which may be recalled according to established rules.
Amendment 442 #
2011/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) SThe specific characteristics and socio- economic vulnerability of some small- scalthe inshore fleets justify the limitation of the mandatory system of transferable fishing concessions to large vessels. The system of transferable fishing concessions should apply to stocks for which fishing opportunities are allocated.
Amendment 479 #
2011/0195(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Member States should manage and make available to end-users of scientific- data the collected data, on the basis of a multi-annual Union programme. Regional authorities should be involved more actively in data collection activities. Member States should also cooperate with each other to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries within the same sea basin regarding data collection.
Amendment 485 #
2011/0195(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Policy-oriented fisheries science should be reinforced by means of locally, regionally, and nationally- adopted fisheries scientific data collection, research and innovation programmes in coordination with other Member States as well as by Union research and innovation framework tools.
Amendment 515 #
2011/0195(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) As aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, and diversification and improving the quality of life in coastal and rural areas, as well as mechanisms to exchange among Member States information and best practices through an open method of coordination of regional and national measures concerning business security, access to Union waters and space, and administrative simplification of licensing.
Amendment 536 #
2011/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure the involvement of concerned operators in the Union system for control, inspection, and enforcement, Member States should be able to require the holders of a fishing licence of Union fishing veshigh selas of 12 meters length over all or moreand long distance fishing vessels flying their flag to contribute proportionally to the costs of that system. The specific characteristics and socio- economic vulnerability of the coastal fleet justify the limitation to large fishing vessels.
Amendment 586 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 1 – paragraph 1 – point b
Part 1 – article 1 – paragraph 1 – point b
(b) in relation to measures on markets and financial measures in support of the Common Fisheries Policy: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products, in relation to measures on markets and financial measures in support of the Common Fisheries Policy.
Amendment 635 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. The Common Fisheries Policy shall apply the precautionary approach to fisheries management, and shall aim to ensure, by 2015, that exploitation of living marine biological resources restores and maintains populations of harvested species abovet least at levels which can produce the maximum sustainable yield. This target is to be achieved by 2015 whenever possible and by 2020 at the latest. In the case of mixed fisheries in the Mediterranean as well as the gradual approach based around groups of associated stocks with a deadline of 2020, a prior specific analysis is needed to provide a practical assessment of its operation, which should allow the sector to be socio-economically sustainable.
Amendment 652 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
3. The Common Fisheries Policy shall implement the ecosystem-based approach to fisheries management to ensure that the impacts of fishing activities on the marine ecosystem are limited, whilst taking into account other factors that have an impact on the marine environment and seeking a balance between environmental, social and economic objectives.
Amendment 665 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 4
Part 1 – article 2 – paragraph 4
4. The Common Fisheries Policy shall integratebe consistent with the Union environmental legislation requirementsand other sectoral legislation, without being subject to them.
Amendment 693 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point a
Part 1 – article 3 – paragraph 1 – point a
(a) gradually eliminate unwanted catches of commercial stocks and gradually ensure that all catches of such stocks are landeddepending on the circumstances in each case and the best scientific advice available;
Amendment 746 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point d
Part 1 – article 3 – paragraph 1 – point d
(d) contribute to a fair standard of living for those who depend on fishing activities, and especially coastal fisheries and shell fishing and aquaculture activities;
Amendment 770 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point f a (new)
Part 1 – article 3 – paragraph 1 – point f a (new)
(fa) ensure that the requirements established for products from third countries are aligned with those for EU products.
Amendment 829 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 4 – paragraph 1 – point f a (new)
Part 1 – article 4 – paragraph 1 – point f a (new)
(fa) taking into consideration regional specificities through a regionalised approach;
Amendment 931 #
2011/0195(COD)
Proposal for a regulation
Part 1 – Article 5 – paragraph 1 – indent 17
Part 1 – Article 5 – paragraph 1 – indent 17
– 'transferable fishing concessions' means revocable user entitlements to a specific part of fishing opportunities allocated to a Member State or established in 1 OJ L 409, 30.12.2006, p. 11. management plans adopted by a Member State in accordance with Article 19 of Regulation (EC) No 1967/200634, which the holder may transfer to other eligible holders of such transferable fishing concessions;
Amendment 998 #
2011/0195(COD)
Proposal for a regulation
Part 1 – Article 5 – paragraph 1 – indent 32 a (new)
Part 1 – Article 5 – paragraph 1 – indent 32 a (new)
– 'inshore coastal fishing' means fishing carried out by vessels in local fishing grounds which underpins the traditional social fabric of fishing communities and is run by SMEs and family businesses that operate on a generational basis, and which involves daily fishing trips in which catches are not freezed or processed on board.
Amendment 1129 #
2011/0195(COD)
Proposal for a regulation
Part 3 – Article 8 – paragraph 1 – point c
Part 3 – Article 8 – paragraph 1 – point c
(c) prohibirestrictions ofn the use of certain fishing gears in certain areas or seasons;
Amendment 1134 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 8 – paragraph 1 – point d
Part 3 – article 8 – paragraph 1 – point d
(d) prohibition or restriction of fishing activities in certain zones and/or periods;
Amendment 1171 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 1
Part 3 – article 9 – paragraph 1
1. Multiannual plans providing for conservation measures to maintain or restore fish stocks abovet least at levels capable of producing maximum sustainable yield, where possible, guaranteeing socioeconomic sustainability, shall be established as a priority.
Amendment 1210 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 9 – paragraph 3
Part 3 – article 9 – paragraph 3
3. Multiannual plans shall, where possible, cover either fisheries exploiting single fish stocks or fisheries exploiting a mixture of stocks, taking due account of interactions between stocks and fisheries cover a single species or, in cases of mixed fisheries or where stocks are linked by interaction, to fisheries exploiting a mixture of stocks within a geographical area. In mixed fisheries, maximum yield shall be considered that obtainable from a mixture of stocks within a mixed fishery considered as a whole.
Amendment 1261 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 1
Part 3 – article 10 – paragraph 1
1. Multiannual plans shall provide for adaptations of the fishing mortality rate, resulting in a fishing mortality rate that at least restores and maintains all stocks abovethe fishery as a whole to levels capable of producing maximum sustainable yield by 2015, where possible, and by 2020 at the latest.
Amendment 1274 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 2
Part 3 – article 10 – paragraph 2
2. In cases where the determination of a fishing mortality rate that restores and maintains stocks above levels capable of producing maximum sustainable yieldas established in paragraph 1 is not possible, multiannual plans shall provide for precautionary measures ensuring a comparable degree of conservation of the relevant stocks.
Amendment 1277 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 10 – paragraph 2 a (new)
Part 3 – article 10 – paragraph 2 a (new)
2a. Multiannual plans shall be drafted in line with regionalisation criteria.
Amendment 1283 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point a
Part 3 – article 11 – paragraph 1 – point a
(a) the scope, in terms of stocks, fishery, and the marine ecosystem and zones to which the multiannual plan shall be applied;
Amendment 1300 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point c – point iii
Part 3 – article 11 – paragraph 1 – point c – point iii
Amendment 1307 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point d
Part 3 – article 11 – paragraph 1 – point d
(d) clear time frames to reach the quantifiable targets, including a socioeconomic assessment of the various alternatives;
Amendment 1324 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e
Part 3 – article 11 – paragraph 1 – point e
(e) technical measures including measures concerning the elimination of unwanted catches;
Amendment 1326 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e – point i (new)
Part 3 – article 11 – paragraph 1 – point e – point i (new)
(i) measures designed to contribute to maintaining or restoring fish stocks within biologically safe levels, through improvements in size selection and where appropriate species selection,
Amendment 1327 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e – point ii (new)
Part 3 – article 11 – paragraph 1 – point e – point ii (new)
(ii) measures concerning the gradual elimination of unwanted catches and/or
Amendment 1328 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e – point iii (new)
Part 3 – article 11 – paragraph 1 – point e – point iii (new)
(iii) measures designed to reduce catches of undersized individuals and/or
Amendment 1329 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point e – point iv (new)
Part 3 – article 11 – paragraph 1 – point e – point iv (new)
(iv) measures designed to mitigate the impact of fishing gear on the ecosystem and the environment, with particular regard to the protection of biologically sensitive stocks and habitats.
Amendment 1339 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point f
Part 3 – article 11 – paragraph 1 – point f
(f) quantifiable indicators for periodic monitoring and assessment of the progress related to achieving the targets of the multiannual plan, and the socio-economic impacts;
Amendment 1349 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point h
Part 3 – article 11 – paragraph 1 – point h
(h) minimisation of unwanted impacts of fishing on the eco-system;
Amendment 1353 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point i
Part 3 – article 11 – paragraph 1 – point i
Amendment 1375 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 11 – paragraph 1 – point j a (new)
Part 3 – article 11 – paragraph 1 – point j a (new)
(ja) measures to mitigate the social and economic consequences within its scope of application.
Amendment 1398 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 12
Part 3 – article 12
Amendment 1413 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 13 – paragraph 1
Part 3 – article 13 – paragraph 1
1. On the basis of evidence of a serious threat to the conservation of marine biological resources, or to the marine eco- system owing to fishing activities and requiring immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, may decide on emergency temporary measures to alleviate the threat.
Amendment 1520 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 1 – point c
Part 3 – article 15 – paragraph 1 – point c
(c) At the latest from 1 January 2016: haddock, whiting, megrim, anglerfish, plaice, ling, saithe, pollack, lemon sole, turbot, brill, blue ling, black scabbard, roundnose grenadier, orange roughy, Greenland halibut, tusk, redfish and Mediterranean demersal stocks. A discard reduction scheme shall be implemented based on a clear and detailed prior study by the Commission on the impact of this measure on EU fisheries and which adopts a step-wise, fishery by fishery approach that affords the flexibility needed to resolve by-catch issues in mixed and Mediterranean fisheries not subject to catch limits. These arrangements shall be applied as part of the multi-annual plans, taking into account survival rates, the nature of the fishing gear, fishing practices and the ecosystem and any selectivity measures introduced.
Amendment 1551 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1. The sale of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food onlyFish which are landed that are under the reference size may not be placed on the market.
Amendment 1574 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 4
Part 3 – article 15 – paragraph 4
4. Member States shall ensure that Union fishing vessels flying their flag are equipped to ensurcontrol mechanisms are established as part of the fmull documentation of all fishing and processing activitiesti-annual plans, fishery-by-fishery and factoring in the cost-efficiency of each, for the purpose of monitoring compliance with the obligation to land all catchereduce discards.
Amendment 1732 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 20 a (new)
Part 3 – article 20 a (new)
Article 20a Co-management instruments shall be implemented in fisheries with reference to regionalisation principles and on the basis of a bottom-up approach, with the involvement of the closest authorities and the fishing industry, scientific institutes and other stakeholders. RAC involvement in the drafting of regional measures shall be promoted.
Amendment 1817 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – introductory part
Part 4 – article 27 – paragraph 1 – introductory part
1. Each Member State shall establish a system of transferable fishing concessions for the high seas and distant water fleet no later than 31 December 2013 for.
Amendment 1823 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point a
Part 4 – article 27 – paragraph 1 – point a
Amendment 1833 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 1 – point b
Part 4 – article 27 – paragraph 1 – point b
Amendment 1849 #
2011/0195(COD)
Proposal for a regulation
Part 4 – article 27 – paragraph 2
Part 4 – article 27 – paragraph 2
2. Member States may extend tThe system of transferable fishing concessions to fishing vessels of less than 12 meters length overall and deploying other types of gear than towed gear and shall inform the Commission thereofshall not apply to the inshore coastal fishing fleet in the Mediterranean which makes daily fishing trips and which shall be regulated by means of management plans based on fishing effort and including biological recovery periods or incentives for permanent cessation of fishing.
Amendment 2035 #
2011/0195(COD)
Proposal for a regulation
Part 5 – Article 34 – paragraph 1
Part 5 – Article 34 – paragraph 1
1. Member States shall put in place measures to adjust the fishing capacity of their fleets in order to achieve an effective balance between such fishing capacity and their fishing opportunities. The European Maritime and Fisheries Fund shall continue to have financial instruments for the permanent cessation of fishing with a view to achieving this objective.
Amendment 2104 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 1 – introductory part
Part 6 – Article 37 – paragraph 1 – introductory part
1. Member States shall collect biological, technical, environmental and socio- economic data, paying due account to regionalisation criteria, necessary for ecosystem based fisheries management, manage them and make them available to regional authorities and end users of scientific data, including bodies designated by the Commission. Those data shall in particular enable the assessment of:
Amendment 2117 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 2 – introductory part
Part 6 – Article 37 – paragraph 2 – introductory part
2. Member States and EU bodies shall:
Amendment 2120 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 2 – point b
Part 6 – Article 37 – paragraph 2 – point b
(b) set up coordination mechanisms with a view to avoiding duplication of data collection for different purposes;
Amendment 2133 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 3
Part 6 – Article 37 – paragraph 3
3. Member States shall ensure the national coordination of the collection and management of scientific and socio- economic data for fisheries management. Regionalisation criteria will be introduced into national planning for data collection and management, thereby encouraging the involvement of regional authorities. The involvement of both the fisheries sector and local research centres in the collection of scientific data will be encouraged. To this end, they shall designate a national correspondent and organizse an annual national coordination meeting. The Commission shall be informed of the national coordination activities and be invited to the coordination meetings.
Amendment 2139 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 4
Part 6 – Article 37 – paragraph 4
4. Member States shall coordinatThe Commission shall ensure theirat data collection activities with othercarried out by different Member States in the same region are coordinated, and make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region.
Amendment 2143 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 37 – paragraph 5
Part 6 – Article 37 – paragraph 5
5. The collection, management and use of data shall be done in the framework of a multi-annual programme as of 2014. Such a multi-annual programme shall include targets for the precision of the data to be collected, and aggregation levels for the collection, which will enable proper management and use of such data, taking due account of regionalisation criteria.
Amendment 2158 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 38 – paragraph 1
Part 6 – Article 38 – paragraph 1
1. Member States shall adopt national fisheries scientific data collection, research and innovation programmes, with the active cooperation of the regions. They shall coordinate their fisheries data collection, research and innovation activities with other Member States and Union research and innovation frameworks.
Amendment 2160 #
2011/0195(COD)
Proposal for a regulation
Part 6 – Article 38 – paragraph 2
Part 6 – Article 38 – paragraph 2
2. Member States shall ensure availability of relevant competences and human resources to be involved in the scientific advisory process, whilst encouraging the involvement of local research centres.
Amendment 2290 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 1 – point d a (new)
Part 8 – Article 43 – paragraph 1 – point d a (new)
(da) assuring the availability of supplies;
Amendment 2298 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 1 – point d b (new)
Part 8 – Article 43 – paragraph 1 – point d b (new)
(db) ensuring that quality and health checks on the products and production of international corporations, including imports from third countries, are the same as those required in the European Union;
Amendment 2302 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 1 – point d c (new)
Part 8 – Article 43 – paragraph 1 – point d c (new)
(dc) recognising the social and economic value of aquaculture.
Amendment 2309 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 2
Part 8 – Article 43 – paragraph 2
2. Member States, without prejudice to the exclusive competences of regional authorities, shall establish a multiannual national strategic plan for the developmentpromotion of aquaculture activities on their territory by 2014.
Amendment 2310 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 3
Part 8 – Article 43 – paragraph 3
Amendment 2312 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 4 – introductory part
Part 8 – Article 43 – paragraph 4 – introductory part
4. Multiannual regional and national strategic plans shall aim in particular at the following:
Amendment 2317 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 4 – point a
Part 8 – Article 43 – paragraph 4 – point a
(a) administrative simplification, in particular regardi(Does not affect Eng licenses;sh version)
Amendment 2334 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 4 – point d a (new)
Part 8 – Article 43 – paragraph 4 – point d a (new)
(da) improve the marketing and promotion of aquaculture products;
Amendment 2337 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 4 – point d b (new)
Part 8 – Article 43 – paragraph 4 – point d b (new)
(db) promote RDI and collaboration between the industry and the scientific world.
Amendment 2343 #
2011/0195(COD)
Proposal for a regulation
Part 8 – Article 43 – paragraph 5
Part 8 – Article 43 – paragraph 5
5. Member States shall exchange information and best practices through an open method of coordination of the regional and national measures contained in multiannual strategic plans.
Amendment 2364 #
2011/0195(COD)
Proposal for a regulation
Part 9 – Article 45 – paragraph 1 – point d
Part 9 – Article 45 – paragraph 1 – point d
(d) improve the transparency of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain and consumer awareness, establishing information mechanisms enabling local products from the coastal fishing fleet to be identified;
Amendment 2370 #
2011/0195(COD)
Proposal for a regulation
Part 9 – Article 45 – paragraph 1 – point e
Part 9 – Article 45 – paragraph 1 – point e
(e) contribute to ensuring a level playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resourcesestablish fairness mechanisms between fishery products from the EU and imports from third countries that ensure the same respect for environmental, social and labour standards and specify the same requirements concerning production and food security.
Amendment 2392 #
2011/0195(COD)
Proposal for a regulation
Part 10 – Article 46 – paragraph 2 – point a
Part 10 – Article 46 – paragraph 2 – point a
(a) a global and integrated approach, in relation to the objectives being pursued;
Amendment 2400 #
2011/0195(COD)
Proposal for a regulation
Part 10 – Article 46 – paragraph 2 – point b
Part 10 – Article 46 – paragraph 2 – point b
(b) the use of moderneffective control technologies for the availability and quality of data on fisheries, taking into account cost- efficiency criteria according to the particularities of the different fleets;
Amendment 2411 #
2011/0195(COD)
Proposal for a regulation
Part 10 – Article 46 – paragraph 2 – point e
Part 10 – Article 46 – paragraph 2 – point e
(e) the establishment of effective, proportionate and dissuasive sanctions, which are the same across the various Member States.
Amendment 2430 #
2011/0195(COD)
Proposal for a regulation
Part 10 – Article 48 – paragraph 1
Part 10 – Article 48 – paragraph 1
Member States may require holders of a fishing licence for fishing veshigh selas of 12 meters length overall or moreand distant water vessels flying their flag to contribute proportionally to the costs of implementing the Union fisheries control system. The specific characteristics and socioeconomic vulnerability of the coastal fleet justify restricting these arrangements to large fishing vessels.
Amendment 2510 #
2011/0195(COD)
Proposal for a regulation
Part 12 – Article 54 – paragraph 1
Part 12 – Article 54 – paragraph 1
1. Advisory Councils shall be composed of organizthe local, regional and Member State fisheries authorities and scientists, as observers, organisations representing the fisheries operators and other interest groups affected by the Common Fisheries Policy.
Amendment 2 #
2011/0167(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
Amendment 3 #
2011/0167(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
Amendment 22 #
2011/0167(NLE)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that concern has especially been raised on those provisions that leave room for flexibility in their implementation, on the basis that these provisions might be implemented in the Union in a manner that could be illegal or contrary to fundamental rights; considers that this is an unsubstantiated assumption which is contrary to the general principles of law and to the letter of ACTA itself as it explicitly requires that the optional or flexible provisions therein be implemented in compliance with fundamental rights and applicable domestic provisions; reiterates however that this does not justify ambiguities contained in ACTA;
Amendment 30 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
Amendment 34 #
2011/0167(NLE)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimum; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in the light of the serious and remainingthe remaining serious question- marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty. need to be addressed;
Amendment 37 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;