424 Amendments of Ewald STADLER
Amendment 175 #
2013/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its concern about the numerous instances of ill-treatment by police forces, particularly in relation to the disproportionate use of force against peaceful participants and journalists in connection with demonstrations, for example in France, where the use of teargas and threats of reprisals in the course of peaceful demonstrations result in children and young people being injured and intimidated;
Amendment 205 #
2013/2078(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the fact that a growing number ofthe Member States are respecting the right to found a family through marriage, and stresses that civil partnership or registered cohabitation and adoption, without discrimination on grounds of sexual orientation, and calls on the Commission and all Member States to adopt legislation and policies to combat homophobia, transphobia and hate crimes; reiterates its calls for the Commission to draw up a European roadmap against homophobia and discrimination on grounds of sexual orientation and gender identitymust under no circumstances lead to the right of adoption, since that could be detrimental to the interests of the child;
Amendment 250 #
2013/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the Union and Member States should step up their measures to promote equality, combat discrimination and protect cultural, religious and linguistic diversity, and their measures relating to gender equality, the rights of the child, the rights of older persons, the integration of people with disabilities and the rights of LGBT persons; reiterates for the umpteenth time its call for; respects the decision of the Council not to adopt the Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, since family law falls within the scope of national legislation;
Amendment 290 #
2013/2078(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns racist, anti-Semitic, homophobic and xenophobic violence and violence against migrants, which hathe use of violence for whatever reached alarming levels in certain Member States, in the absence of strong action by the authoritiesson and whoever the victim; urges the Member States to step up their efforts to achieve a climate of peaceful coexistence;
Amendment 77 #
2013/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Operators should have athe right to appeal against the decisions taken by the competent authorities, and be informed of such a. The competent authorities must inform operators of this right.
Amendment 86 #
2013/0140(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Operators shouldall have athe right to appeal against the decisions taken by the competent authorities, and be informed. The competent authorities shall inform operators of such a right.
Amendment 93 #
2013/0140(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to amend the references to European standards, and Annexes II and III to this Regulation to take into account of legislative and technical and scientific developments, and to supplement this Regulation with specific rules governing official controls and other official activities in the areas it covers, including, inter alia, rules on the qualification and training of staff, on additional responsibilities and tasks of the competent authorities, on the cases where the accreditation of laboratories is not required, on certain exemptions from official controls at the borders, on the criteria to be used to determine the frequency of identity and physical checks, on the establishment of conditions to be met by certain animals or goods entering the Union from third countries, on additional requirements and tasks of European Union reference laboratories and centres, on additional requirements for national reference laboratories, on criteria for risk categorisation and for performance indicators for the MANCPs, and on the contingency plans for food and feed provided for in Article 55(1) of Regulation (EC) No 178/2002, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union shouldmay, in exceptional cases, be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 94 #
2013/0140(COD)
Proposal for a regulation
Recital 84
Recital 84
Amendment 98 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 99 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 112 #
2013/0140(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) In order to amend the references to European standards, and Annexes II and III to this Regulation to take into account of legislative and technical and scientific developments, and to supplement this Regulation with specific rules governing official controls and other official activities in the areas it covers, including, inter alia, rules on the qualification and training of staff, on additional responsibilities and tasks of the competent authorities, on the cases where the accreditation of laboratories is not required, on certain exemptions from official controls at the borders, on the criteria to be used to determine the frequency of identity and physical checks, on the establishment of conditions to be met by certain animals or goods entering the Union from third countries, on additional requirements and tasks of European Union reference laboratories and centres, on additional requirements for national reference laboratories, on criteria for risk categorisation and for performance indicators for the MANCPs, and on the contingency plans for food and feed provided for in Article 55(1) of Regulation (EC) No 178/2002, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union shouldmay in exceptional cases be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 114 #
2013/0140(COD)
Proposal for a regulation
Recital 84
Recital 84
Amendment 127 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 131 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 156 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 160 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 163 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 169 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 173 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 175 #
2013/0140(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Amendment 211 #
2013/0140(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 228 #
2013/0140(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Member States may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with, or for the application of, rules, including those regulating specific risks which may arise from the presence of alien species in the Union, other than those referred to in Article 1(2).
Amendment 287 #
2013/0140(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iv
Article 8 – paragraph 1 – point a – point iv
iv) the use of products, processes, materials or substances that may influence food or feed safety, animal health or animal welfare, plant health or plant reproductive material identity and quality, or, in the case of GMOs and plant protection products, may adversely impact on the environment;
Amendment 356 #
2013/0140(COD)
Proposal for a regulation
Article 115 – paragraph 3
Article 115 – paragraph 3
3. The controls provided for in paragraph 1 may include on the spot verifications. The Commission experts may accompany the staff of the competent authorities performing official controls, subject to the agreement of the national authorities responsible.
Amendment 357 #
2013/0140(COD)
Proposal for a regulation
Article 116 – paragraph 2
Article 116 – paragraph 2
2. Where appropriate, the Commission may recommend in its final reports provided for in paragraph 1 corrective or preventive action to be taken by the Member States to address the specific or systemic shortcomings identified by its experts during controls performed in accordance with Article 115(1). These recommendations shall not be legally binding.
Amendment 371 #
2013/0140(COD)
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Regulation.
Amendment 374 #
2013/0140(COD)
Proposal for a regulation
Article 139 – paragraph 3
Article 139 – paragraph 3
3. The delegation of powers referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 an earlier or later date specified therein. It shall not affect the validity of any delegated acts already in forceDelegated acts already in force may be contested by those affected from the time of the revocation decision.
Amendment 376 #
2013/0140(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) an assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and hazard analysis critical control points (HACCP);
Amendment 471 #
2013/0140(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 476 #
2013/0140(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 587 #
2013/0140(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c
Article 45 – paragraph 1 – point c
Amendment 592 #
2013/0140(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning amendments of the categories of consignments referred to in paragraph 1, to include other products which may give rise to risks to human, or animal or plant healthhealth, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 598 #
2013/0140(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. Physical checks shall be performed on consignments of the categories of animals and goods referred to in Article 45(1) at a frequency dependent on the risk posed by each animal, good or category of animals or goods to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 601 #
2013/0140(COD)
Proposal for a regulation
Article 47 – paragraph 4 – subparagraph 1
Article 47 – paragraph 4 – subparagraph 1
Physical checks to verify compliance with animal health and welfare requirements or with plant health requirements laid down in the rules referred to in Article 1(2) shall be performed by, or under the supervision of, staff possessing appropriate qualifications in veterinary or phytosanitary matters respectivelymatters, designated by the competent authorities for that purpose.
Amendment 640 #
2013/0140(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. A Member State shall immediately suspend the designation of a border control post and order its activities to be stopped, for all or for certain categories of animals and goods for which the designation was made, in cases where such activities may result in a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.
Amendment 661 #
2013/0140(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
Where official controls indicate that a consignment of animals or goods presents a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision.
Amendment 664 #
2013/0140(COD)
Proposal for a regulation
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) order that the operator destroy the consignment in compliance, where appropriate, with the rules referred to in Article 1(2), taking all the measures necessary to protect human, or animal or plant health, animal welfare or the environment; or
Amendment 669 #
2013/0140(COD)
Proposal for a regulation
Article 66 – paragraph 2 – subparagraph 1
Article 66 – paragraph 2 – subparagraph 1
The competent authorities in the Member State where the official controls were performed shall supervise the application of the measures ordered pursuant to Article 64(3) and (5) and Article 65 to ensure that the consignment does not give rise to adverse effects on human, or animal or plant health, animal welfare, or the environment, during or pending the application of those measures.
Amendment 673 #
2013/0140(COD)
Proposal for a regulation
Article 67 – paragraph 2 – point b
Article 67 – paragraph 2 – point b
(b) in the cases referred to in Article 65, that the consignment be destroyed in suitable facilities located as close as possible to the border control post, taking all measures necessary to protect human, or animal or plant health, animal welfare or the environment.
Amendment 675 #
2013/0140(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The competent authorities may extend the period referred to in paragraphs 1 and 2 of this Article for the time necessary to obtain the results of the second expert opinion referred to in Article 34, provided that this is without adverse effects to human, and animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.
Amendment 678 #
2013/0140(COD)
Proposal for a regulation
Article 69 – paragraph 2 – point a
Article 69 – paragraph 2 – point a
(a) be carried out effectively and ensure the elimination of any risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment;
Amendment 688 #
2013/0140(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. Customs authorities shall suspend release for free circulation when they have reason to believe that the consignment may present a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment and immediately notify the competent authorities of such suspension.
Amendment 690 #
2013/0140(COD)
Proposal for a regulation
Article 74 – paragraph 4 – introductory part
Article 74 – paragraph 4 – introductory part
4. Where the competent authorities consider that a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, is present:
Amendment 692 #
2013/0140(COD)
Proposal for a regulation
Article 74 – paragraph 5
Article 74 – paragraph 5
5. In the case of consignments of animals and goods other than those subject to controls at entry into the Union as required by Article 45(1) and for which no customs declaration for release for free circulation has been made, customs authorities, where they have reason to believe that the consignment may present a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, shall transmit all relevant information to the customs authorities in the Member States of final destination.
Amendment 695 #
2013/0140(COD)
Proposal for a regulation
Article 75 – paragraph 1 – point d
Article 75 – paragraph 1 – point d
Amendment 696 #
2013/0140(COD)
Proposal for a regulation
Article 75 – paragraph 1 – point g
Article 75 – paragraph 1 – point g
Amendment 698 #
2013/0140(COD)
Proposal for a regulation
Article 75 – paragraph 1 – point h
Article 75 – paragraph 1 – point h
(h) consignments of the categories of animals and goods referred to in points (a), (b) and (cb) of Article 45(1) originating from, and returning to, the Union following a refusal of entry by a third country;
Amendment 870 #
2013/0140(COD)
Proposal for a regulation
Article 92 – paragraph 2 – point h
Article 92 – paragraph 2 – point h
(h) assisting actively in the diagnosis of outbreaks in Member States of foodborne, zoonotic or animal diseases, or of pests of plants, by carrying out confirmatory diagnosis, characterisation and taxonomic or epizootic studies on pathogen isolates or pest specimens;
Amendment 871 #
2013/0140(COD)
Proposal for a regulation
Article 92 – paragraph 2 – point j – point i
Article 92 – paragraph 2 – point j – point i
Amendment 876 #
2013/0140(COD)
Proposal for a regulation
Article 93
Article 93
Amendment 879 #
2013/0140(COD)
Proposal for a regulation
Article 94
Article 94
Amendment 896 #
2013/0140(COD)
Proposal for a regulation
Article 97 – paragraph 1 – point b
Article 97 – paragraph 1 – point b
Amendment 898 #
2013/0140(COD)
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the establishment of requirements, responsibilities and tasks for the European Union reference laboratories, the European Union reference centres for plant reproductive material and the European Union reference centres for animal welfare in addition to those laid down in Articles 91(3), 92, 93(3), 95(3) and 96.
Amendment 899 #
2013/0140(COD)
Proposal for a regulation
Article 97 – paragraph 3
Article 97 – paragraph 3
3. European Union reference laboratories and European Union reference centres shall be subject to Commission controls to verify compliance with the requirements of Articles 91(3), 92, 93(3), 95(3) and 96.
Amendment 915 #
2013/0140(COD)
Proposal for a regulation
Article 104 – paragraph 1
Article 104 – paragraph 1
1. Where, during official controls performed on animals or goods originating in another Member State, the competent authorities establish that such animals or goods do not comply with the rules referred to in Article 1(2) in such a way as to create a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, or to constitute a serious infringement of those rules, they shall, without delay, notify the competent authorities of the Member State of dispatch and of any other concerned Member State in order to enable them to undertake appropriate investigations.
Amendment 923 #
2013/0140(COD)
Proposal for a regulation
Article 105 – paragraph 2 – point b
Article 105 – paragraph 2 – point b
(b) the third country has undertaken to provide the assistance necessary to gather evidence of practices that are or appear to be non-compliant with Union rules or that pose a risk to humans, animals or plants or the environment;
Amendment 936 #
2013/0140(COD)
Proposal for a regulation
Article 109 – paragraph 2 – point a
Article 109 – paragraph 2 – point a
(a) the emergence of new diseases, pests of plants or other risks to human, or animal or plant health, animal welfare or, in the case of GMOs and plant protection products, to the environment;
Amendment 954 #
2013/0140(COD)
Proposal for a regulation
Article 115 – paragraph 3
Article 115 – paragraph 3
3. The controls provided for in paragraph 1 may include on the spot verifications. The Commission experts may accompany the staff of the competent authorities performing official controls, subject to the agreement of the national authorities responsible.
Amendment 956 #
2013/0140(COD)
Proposal for a regulation
Article 116 – paragraph 2
Article 116 – paragraph 2
2. Where appropriate, the Commission may recommend in its final reports provided for in paragraph 1 corrective or preventive action to be taken by the Member States to address the specific or systemic shortcomings identified by its experts during controls performed in accordance with Article 115(1). Or. de Justification It should be clearly specified thatThese recommendations canshall not be a basis for prescriptive lawlegally binding.
Amendment 964 #
2013/0140(COD)
Proposal for a regulation
Article 119 – paragraph 2 – point f
Article 119 – paragraph 2 – point f
(f) where applicable, the situation regarding animal health, and zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal diseases and pests of plants;
Amendment 970 #
2013/0140(COD)
Proposal for a regulation
Article 120 – paragraph 1 – point g – point iv
Article 120 – paragraph 1 – point g – point iv
Amendment 973 #
2013/0140(COD)
Proposal for a regulation
Article 120 – paragraph 1 – point g – point v
Article 120 – paragraph 1 – point g – point v
Amendment 978 #
2013/0140(COD)
Proposal for a regulation
Article 124 – paragraph 1 – introductory part
Article 124 – paragraph 1 – introductory part
1. The Commission shall request third countries intending to export animals and goods to the Union to provide the following accurate and up-to-date information on the general organisation and management of sanitary and phytosanitary control systems in their territory:
Amendment 980 #
2013/0140(COD)
Proposal for a regulation
Article 124 – paragraph 1 – point a
Article 124 – paragraph 1 – point a
(a) any sanitary or phytosanitary regulations adopted or proposed within their territory;
Amendment 982 #
2013/0140(COD)
Proposal for a regulation
Article 124 – paragraph 1 – point b
Article 124 – paragraph 1 – point b
(b) risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary or phytosanitary protection;
Amendment 985 #
2013/0140(COD)
Proposal for a regulation
Article 124 – paragraph 1 – point g
Article 124 – paragraph 1 – point g
(g) where relevant, information on changes made to the structure and functioning of control systems adopted to meet Union sanitary or phytosanitary requirements or recommendations provided for in the second paragraph of Article 121.
Amendment 992 #
2013/0140(COD)
Proposal for a regulation
Article 126 – paragraph 3 – point c
Article 126 – paragraph 3 – point c
(c) the performance by the competent authorities of the third country of adequate official controls and other activities to assess the presence of hazards for human, or animal or plant health, for animal welfare or for the environment in relation to GMOs and plant protection products;
Amendment 994 #
2013/0140(COD)
Proposal for a regulation
Article 126 – paragraph 3 – point d
Article 126 – paragraph 3 – point d
(d) the regularity and rapidity of information supplied by the third country on the presence of hazards for human, or animal or plant health, for animal welfare or for the environment in relation to GMOs and plant protection products;
Amendment 998 #
2013/0140(COD)
Proposal for a regulation
Article 127 – paragraph 1
Article 127 – paragraph 1
1. Where, in cases other than those referred to in Article 53 of Regulation (EC) No 178/2002, Article 249 of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] and in Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation (EU) No XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants], there is evidence that the entry into the Union of certain animals or goods originating from a third country, a region thereof or a group of third countries, may pose a risk to human, or animal or plant health or, as regards GMOs and plant protection products, to the environment, or where there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) might be taking place, the Commission shall adopt, by means of implementing acts, the measures necessary to contain such risk or put an end to the identified non-compliance. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).
Amendment 1011 #
2013/0140(COD)
Proposal for a regulation
Article 130 – paragraph 2 – point b
Article 130 – paragraph 2 – point b
(b) integrate fully and provide the necessary updates to existing computerised systems managed by the Commission and used for the rapid exchange of data, information and documents in relation to risks to human, and animal health and welfare, and plant health, as established by Article 50 of Regulation (EC) No 178/2002, Article 20 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on animal health] and Article 97 of Regulation (EU) XXX/XXXX [Office of Publications, please insert number of the Regulation on protective measures against pests of plants];
Amendment 1016 #
2013/0140(COD)
Proposal for a regulation
Article 134 – paragraph 1
Article 134 – paragraph 1
1. When acting in accordance with this Chapter, the competent authorities shall give priority to action to be taken to eliminate or contain risks to human, and animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.
Amendment 1035 #
2013/0140(COD)
Proposal for a regulation
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Article 137 – paragraph 1 – subparagraph 1 – introductory part
Where the Commission has evidence of a serious failure in a Member State's control systems and such failure may constitute a possible and widespread risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, or result in a widespread infringement of the rules referred to in Article 1(2), it shall, by means of implementing acts, adopt one or more of the following measures, to be applied until the failure in the control system is eliminated:
Amendment 1038 #
2013/0140(COD)
Proposal for a regulation
Article 139 – paragraph 2
Article 139 – paragraph 2
2. The delegation of power referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Regulation.
Amendment 1041 #
2013/0140(COD)
Proposal for a regulation
Article 139 – paragraph 3
Article 139 – paragraph 3
3. The delegation of powers referred to in Articles 4(3), 15(2), 16, 17, 18(3), 19, 20, 21, 22, 23(1), 24(1), 25(3), 26(2), 40, 43(4), 45(3), 46, 49, 51(1), 52(1) and (2), 56(2), 60(3), 62(2), 69(3), 75(1) and (2), 97(2), 98(6), 99(2), 101(3), 106(3), 110, 111, 114(4) and 125(1), the third subparagraph of Article 132(1), Articles 133, 138(1) and (2), 143(2), 144(3), 151(3), 153(3) and 159(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 an earlier or later date specified therein. It shall not affect the validity of any delegated acts already in forceDelegated acts already in force may be contested by those affected from the time the revocation decision is taken.
Amendment 1057 #
2013/0140(COD)
Proposal for a regulation
Article 161 – paragraph 1 – point a – point ii
Article 161 – paragraph 1 – point a – point ii
Regulation (EU) No [.…]/2013
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 1060 #
2013/0140(COD)
Proposal for a regulation
Article 161 – paragraph 1 – point b
Article 161 – paragraph 1 – point b
Regulation (EU) No [.…]/2013
Article 29 a (new)
Article 29 a (new)
Amendment 1068 #
2013/0140(COD)
Proposal for a regulation
Annex II – section 1 – point 6
Annex II – section 1 – point 6
6. The different stages of production, processing and distribution, and the possible risks to human health, and where appropriate to the health of animals and plants, to the welfare of animals, and to the environment, and to the identity and quality of plant reproductive material.
Amendment 181 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) exchanged in kind between persons other than professional operators, or natural persons acting as professional operators engaged in activities outside the scope of their profession or employment.
Amendment 245 #
Amendment 269 #
2013/0137(COD)
Proposal for a regulation
Article 4
Article 4
Plant reproductive material shall be subject to no restrictions concerning its production and making available on the market, other than those laid down in this Regulation, in Directive 94/62/EC, Regulation (EC) No 338/97, Directive 2001/18/EC, Regulation (EC) No 1829/2003, Regulation (EC) No 1830/2003, Regulation (EU) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union and Regulation (EU) No …/… [Office of Publication, please insert number of Regulation on protective measures against pests of plants] and in Union legislation restricting the production or making available on the market of invasive alien species.
Amendment 273 #
2013/0137(COD)
Proposal for a regulation
Article 5
Article 5
Professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account directly with other farmers or with end users and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall be registered in the registers referred to in Article 61 of Regulation (EC) No …/… (Office of Publication, please insert number of Regulation on protective measures against pests of plants) in accordance with the provisions of Article 62 of that Regulation.
Amendment 299 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1, professional operators, with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep information allowing them to identify the professional operators, which have supplied them with plant reproductive material, and the material concerned.
Amendment 309 #
2013/0137(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the case of plant reproductive material, other than forest reproductive material, professional operators with the exception of farmers exchanging seeds from their own farm on their own behalf and for their own account, and operators whose annual turnover or annual balance sheet total does not exceed EUR 2 million, shall keep records of the plant reproductive material referred to in paragraphs 2 and 3 for three years after that material has been respectively supplied to or by them.
Amendment 326 #
2013/0137(COD)
Proposal for a regulation
Article 10 – point 3
Article 10 – point 3
(3) ‘officially recognised description’ means a description of a variety, which has been recognised by a competent authority, includes the specific characteristics of the variety, makes it identifiable and has been obtained by means other than examination of the variety's distinctiveness, uniformity and stability pursuant to the rules applicable at the time of registration of that variety in accordance with Article 79;
Amendment 328 #
2013/0137(COD)
Proposal for a regulation
Article 10 – point 4
Article 10 – point 4
(4) ‘clone’ means an individual progeny, originally derived from another plant by artificial vegetative reproduction such as laboratory tissue culture, which remains genetically identical to the latter;
Amendment 383 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 394 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 400 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 405 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
Amendment 409 #
2013/0137(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 412 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the registration requirements set out in Section 2Articles 14 and 15;
Amendment 415 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the production and quality requirements set out in Section 32 for the relevant category;
Amendment 417 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the handling requirements set out in Section 43;
Amendment 418 #
2013/0137(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the identification, and, where applicable, certification requirements set out in Section 54.
Amendment 436 #
Amendment 456 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Heterogeneous material shall be defined under one of the following categories: (a) "Population" means genetically diverse material of plant species bred through half diallel crossing of several (or at least xx) identified varieties, lines or other material. (b) "Compose cross populations" (CCPS') mean populations that are generated by intercrossing genetically diverse varieties , lines or other material, bulking the F1 or F2 progeny and then exposing the stock to natural selection in successive generations. Other dynamic populations may be generated by variations on the CCPs model which may include different crossing protocols, or the introduction plant or mass selection among the generations of natural selection. Populations may also be generated from a mixture of varieties mixed and additionally growing the mixture for at least one year.
Amendment 457 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3b. Heterogenous material, when made available on the market, shall be accompanied by a label, containing the information set out in Part B to Annex III. The label shall include the notion "Heterogenous material". The label referred to in subparagraph 1 shall be produced by the professional operator and shall be clear and indelible. It shall be affixed on the outside of the package, the container or the bundle of heterogenous material. It shall be printed in at least one of the official languages of the Union. The professional operator shall indicate on the label referred to in paragraph 1 the species or group of species in such a way as to avoid confusion with any varietal denomination. The colour and form of the label shall be substantially distinct from the colour and the form of the official labels referred to in Article 19 paragraph 1. This article shall apply without prejudice to Article 49 paragraph 4 of Regulation (EC) 1107/2009 concerning the label and documents accompanying treated seeds in the meaning of that Regulation.
Amendment 458 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 c (new)
Article 14 – paragraph 3 c (new)
3c. Heterogenous material may be made available on the market if a description of the plant reproductive material is available to the purchaser including: (a) the breeding methods and parantel material used; and when relevant (b) a description of the production scheme for the heterogeneous material; and (c) the availability of the standard samples. Registration of heterogeneous material: Heterogeneous material may be registered in a national catalogue pursuant the same rules concerning officially recognised description concerning: (a) registration procedure of articles 66 to 75 and 78 to 81; (b) registration period of articles 82 to 85; (c) registration fees of articles 88 and 89.
Amendment 468 #
2013/0137(COD)
Proposal for a regulation
Article 15
Article 15
Plant reproductive material belonging to a clone may be produced and made available on the market only if that clone is registered in a national variety register referred to in Article 51 or in the Union variety register referred to in Article 52.
Amendment 477 #
2013/0137(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission may, by means of implementing acts, adopt a list of genera and species which, after having collected scientific evidence proving that a species requires special considerations concerning its making available on the market, contains such species. Plant reproductive material shall be produced in accordance with the production requirements set out in Part A of Annex II and shall be made available on the market only if it fulfils the quality requirements set out in Part B of Annex II.
Amendment 483 #
2013/0137(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 488 #
2013/0137(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 489 #
2013/0137(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The maximum size of lots shall ensure homogeneity of the plant reproductive material concerned; shall ensure the performance of the controls and shall not be higher than the quantity transportable in a single road vehicle. The identification of lots shall ensure the traceability of the plant reproductive material concerned.
Amendment 491 #
2013/0137(COD)
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5 a. This article does not apply to plant reproductive material which is made available on the market with no more than one intermediary between the producer and the user and all professional operators concerned supply the same local or regional markets.
Amendment 545 #
2013/0137(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The official label and tshall be produced with reference to a lot. The operator's label shall be produced with reference to a lot only if the lot concerned is bigger than what is typically required to cultivate one hectare. They shall be affixed, where applicable, to individual plants or on the outside of packages, containers and bundles.
Amendment 554 #
2013/0137(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point a
Article 30 – paragraph 4 – point a
Amendment 560 #
Amendment 578 #
Amendment 590 #
Amendment 612 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) it is made available on the market in small quantities by persons other than professional operators, or by professional operators employing no more than ten persons and whose annual turnover or balance sheet total does not exceed EUR 2 million. This point shall not apply to professional operators only making available on the market plant reproductive material in retail;
Amendment 649 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The label may bear either the botanical name or the common name of the species, according to paragraphs (a) and (b) of Part A and Part B of Annex III.
Amendment 650 #
Amendment 656 #
Amendment 662 #
Amendment 682 #
2013/0137(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Import to the Union of plant reproductive material shall not be prohibited or restricted, except in one of the following cases: a) it is prohibited by an existing trade agreement; b) import is explicitly prohibited bu another legislative act of the Union; c) a demonstrable risk exists from plant disease, invasive species or other phytosanitary risk not already present and established in the Union; d) a demonstrable risk exists of consumer fraud; e) materials are being made available on the market at subsidized or at a price so low it constitutes dumping and the total commercial value exceeds 1 million Euros.
Amendment 685 #
2013/0137(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Import controls 1. Where there is an evidence at the boarder that imported plant reproductive material is likely to constitute a serious risk to human, animal and plant health or the environment, the provisions concerning quarantine pests as implemented in Regulation (EC) No .../... (Office of Publication, please insert number of Regulation on protective measures against pests of plants) shall apply. 2. The provisions of paragraph 1 shall apply without prejudice to Commission Regulation (EC) No 507/2008 of 6 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (Codified version). 3. The importer of plant reproductive material shall provide a written legal declaration providing that the plant reproductive material does not infringe any right granted by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights or Directive 98/44/EC of The European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.
Amendment 700 #
2013/0137(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point e a (new)
Article 48 – paragraph 1 – point e a (new)
(e a) It shall include an informed consent regarding plant reproductive material associated with patents as set out in article 13 paragraph 3.
Amendment 736 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point c
Article 53 – paragraph 1 – point c
(c) where applicable, the name, and, where applicable, the reference number, of the applicant;
Amendment 738 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point d
Article 53 – paragraph 1 – point d
(d) where applicable, the date of the registration of the variety and, where applicable, of the renewal of the registration;
Amendment 741 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point e
Article 53 – paragraph 1 – point e
(e) where applicable, the date of the end of validity of registration;
Amendment 744 #
2013/0137(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point g
Article 53 – paragraph 1 – point g
(g) where applicable, the name of the professional operator responsible for the maintenance of a variety;
Amendment 754 #
Amendment 755 #
2013/0137(COD)
Proposal for a regulation
Article 54 – point b
Article 54 – point b
(b) where applicable, the reference under which the variety, to which the clone belongs, is registered in the national variety register or Union variety register;
Amendment 756 #
2013/0137(COD)
Proposal for a regulation
Article 54 – point c
Article 54 – point c
(c) where applicable, the denomination of the variety to which the clone belongs and, for varieties made available on the market before the entry into force of this Regulation, where applicable its synonyms;
Amendment 757 #
2013/0137(COD)
Proposal for a regulation
Article 54 – point d
Article 54 – point d
(d) where applicable, the date of the registration of the clone and, where applicable, of the renewal of the registration;
Amendment 760 #
2013/0137(COD)
Proposal for a regulation
Article 54 – point e
Article 54 – point e
(e) where applicable, the end of validity of the registration;
Amendment 763 #
2013/0137(COD)
Proposal for a regulation
Article 54 – point g a (new)
Article 54 – point g a (new)
(g a) where applicable, the indication that the variety to which the clone belongs has been granted a plant variety right or is linked to a granted or pending patent application.
Amendment 872 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point a
Article 64 – paragraph 1 – point a
Amendment 877 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point c
Article 64 – paragraph 1 – point c
(c) it is identical to, or may be confused with, a variety denomination under which another variety of the same or of a closely related species is entered in a national variety register or in the Union variety register, or under which material of another variety has been made available on the market in a Member State or in a Member of the International Union for the Protection of New Varieties of Plants, unless that other variety no longer remains in existence and its denomination has acquired no special significance;
Amendment 879 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point d
Article 64 – paragraph 1 – point d
Amendment 883 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 1 – point f
Article 64 – paragraph 1 – point f
Amendment 886 #
2013/0137(COD)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
Amendment 903 #
2013/0137(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point e
Article 67 – paragraph 1 – point e
(e) where applicable, the name and address of the person responsible for the maintenance of the variety, and, where applicable, the reference number of that person;
Amendment 906 #
2013/0137(COD)
Proposal for a regulation
Article 67 – paragraph 1 – point h
Article 67 – paragraph 1 – point h
(h) when known, the geographic origin of the variety;
Amendment 916 #
2013/0137(COD)
Proposal for a regulation
Article 68
Article 68
Amendment 945 #
Amendment 1020 #
2013/0137(COD)
Proposal for a regulation
Article 87 – paragraph 1 – point e
Article 87 – paragraph 1 – point e
Amendment 1048 #
2013/0137(COD)
Proposal for a regulation
Article 90 – paragraph 1 – point b
Article 90 – paragraph 1 – point b
Amendment 1051 #
2013/0137(COD)
Proposal for a regulation
Article 92 – paragraph 1 – point b
Article 92 – paragraph 1 – point b
(b) the identification of the varietyplant reproductive material to which the clone belongs;
Amendment 1053 #
2013/0137(COD)
Proposal for a regulation
Article 92 – paragraph 1 – point e
Article 92 – paragraph 1 – point e
(e) where applicable, the name and address of the person responsible for the maintenance of the clone, and, where applicable, the reference number of that person;
Amendment 1054 #
2013/0137(COD)
Proposal for a regulation
Article 92 – paragraph 1 – point g
Article 92 – paragraph 1 – point g
(g) when known, the geographic origin of the clone;
Amendment 1072 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 1 a (new)
Article 96 – paragraph 1 a (new)
1a. Any other person may notify the competent authority with reference to a registered variety that it acts as an additional maintainer.
Amendment 1073 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 2
Article 96 – paragraph 2
Amendment 1074 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
Amendment 1076 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 4
Article 96 – paragraph 4
Amendment 1078 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 5
Article 96 – paragraph 5
Amendment 1081 #
2013/0137(COD)
Proposal for a regulation
Article 96 – paragraph 6
Article 96 – paragraph 6
Amendment 1097 #
Amendment 1141 #
2013/0137(COD)
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 1142 #
2013/0137(COD)
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
Amendment 1143 #
2013/0137(COD)
Proposal for a regulation
Article 142 – point 1
Article 142 – point 1
Regulation 2100/94
Article 4 – paragraph 2 – point i
Article 4 – paragraph 2 – point i
Amendment 1393 #
Amendment 1398 #
2013/0137(COD)
Proposal for a regulation
Annex II – Part A – point 1 – point b – introductory part
Annex II – Part A – point 1 – point b – introductory part
(b) where appropriate, the material shall be planted and /or sowed in a way that there is:
Amendment 1399 #
2013/0137(COD)
Proposal for a regulation
Annex II – Part A – point 1 – point c
Annex II – Part A – point 1 – point c
(c) where appropriate, appropriate attention shall be paid to the machines and any equipment used to ensure absence of weed or other species which are difficult to distinguish at seed level in laboratory tests;
Amendment 1403 #
2013/0137(COD)
Proposal for a regulation
Annex II – Part C – section B – point 1 – point a
Annex II – Part C – section B – point 1 – point a
(a) where appropriate, the sample to be drawn from a lot shall have the appropriate minimum weight for determining content of certain weeds, to ensure representative sampling and suitable size for the analysis of the material to assess whether the quality requirements have been fulfilled.
Amendment 1404 #
2013/0137(COD)
Proposal for a regulation
Annex II – Part D – point b
Annex II – Part D – point b
Amendment 1410 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point c
Annex III – Part A – point c
(c) where applicable, the two-letter code indicated in norm ISO 3166-1 alpha 222 for the Member State and, where appropriate, the name or acronym of the respective competent authority(ies) with which the professional operator is registered, with the exception of niche market material; __________________ 22 ISO 3166-1:2006, Codes for the representation of names of countries and their subdivisions – Part 1: Country codes. International Organization for Standardization, Geneva.
Amendment 1412 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point e
Annex III – Part A – point e
(e) where relevant, the lot number of the plant reproductive material concerned, and, where relevant, a reference to a unique traceability data carrier, such as bar code, hologram or chip;
Amendment 1415 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point h
Annex III – Part A – point h
(h) references to the country of production or countries in case of mixture, with the two letter code referred to in point (c), with the exception of niche market material;
Amendment 1416 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point i
Annex III – Part A – point i
(i) where applicable, references to declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 1417 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point j
Annex III – Part A – point j
(j) where applicable, indications concerning category of plant reproductive material and, where appropriate, sub- divisions of categories;
Amendment 1419 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point k
Annex III – Part A – point k
(k) where relevant, references to month and year of labelling or references to month and year of last sampling;
Amendment 1425 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point n d (new)
Annex III – Part A – point n d (new)
(nd) the indication of all non-traditional breeding methods used for that plant reproductive material.
Amendment 1428 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part B – point e
Annex III – Part B – point e
(e) where relevant, the reference number of the lot given by the operator;
Amendment 1429 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part B – point f
Annex III – Part B – point f
(f) where applicable, declared number of seeds, rootstocks or other units of reproductive material, or, where applicable, the net or gross weight;
Amendment 1430 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part B – point g
Annex III – Part B – point g
Amendment 1431 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part B – point h
Annex III – Part B – point h
Amendment 1432 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part B – point j
Annex III – Part B – point j
(j) the place of production, if different from the place indicated by (d);
Amendment 1439 #
2013/0137(COD)
Proposal for a regulation
Annex IV – Part B – point a
Annex IV – Part B – point a
Amendment 1440 #
2013/0137(COD)
Proposal for a regulation
Annex IV – Part B – point b
Annex IV – Part B – point b
Amendment 1441 #
2013/0137(COD)
Proposal for a regulation
Annex IV – Part B – point c
Annex IV – Part B – point c
(c) they are susceptible to the presence of undesirable substances which represent a major threat to human or animal health according to intended and traditional uses;
Amendment 1442 #
2013/0137(COD)
Proposal for a regulation
Annex IV – Part B – point d
Annex IV – Part B – point d
Amendment 1444 #
Amendment 1446 #
Amendment 1448 #
Amendment 1450 #
Amendment 1452 #
Amendment 1454 #
Amendment 1456 #
Amendment 1458 #
Amendment 147 #
2013/0136(COD)
Proposal for a regulation
Recital 160
Recital 160
(160) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents (thus in all 24 official languages of the European Union) to the European Parliament and to the Council.
Amendment 148 #
2013/0136(COD)
Proposal for a regulation
Recital 162
Recital 162
(162) The objectives of this Regulation, namely is to lay down animal health rules for animals, germinal products, products of animal origin, animal by-products and derived products to the extent that they are not covered by specific rules in other Union legislation and other material that can be involved in the spread of transmissible animal diseases, cannot be achieved sufficiently by the Member States, and can be more efficiently achieved at Union level through a common and coordinated legal framework for animal health. This Regulation is therefore in line with the principle of subsidiarity as set out in Article 5(3) of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 747 #
2013/0136(COD)
Proposal for a regulation
Article 253 – paragraph 2
Article 253 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(2), 6(2), 9(2), 11(3), 13(2), 15(2), 16(3), 18(3), 24, 28, 30(4), 31(2), 34(2), 37(5), 39, 41(3), 42(5), 44(1), 47, 48(3), 53(2), 54(3), 55(2), 58(2), 63, 64(4), 67, 68(2), 70(3), 72(2), 73(3), 74(3), 76(2), 79, 80(4), 85(3), 89(3), 92(2), 96(3), 100(1), 103(2), 114, 115, 119(1), 122(2), 128(1), 129(2), 132, 133(2), 134(2), 135(3), 136(4), 137, 141(1), 143(1), 144, 146(4), 148(3), 151(1), 152(2), 154(1), 158, 159(5), 160(3), 162(2), 163(3), 164(3), 165(5), 166(3), 174(3), 179(2), 184(1), 188(1), 191(2), 196(2), 199(3), 200(3), 201(2), 202(2), 203(2), 204(3), 205, 211, 213(1), 214, 216(4), 218(3), 221(1), 222(3), 223(3), 224(5), 225(3), 229(1), 231(3), 233(3), 235, 236(1), 239(4), 240(3), 241(1), 242(2), 243(1), 244(2), 252, 259(2), 260(2) and 261(2) shall be conferred on the Commission for an indeterminate period of timefive years from(*).
Amendment 749 #
2013/0136(COD)
Proposal for a regulation
Article 253 – paragraph 3
Article 253 – paragraph 3
Amendment 751 #
2013/0136(COD)
Proposal for a regulation
Article 254 – paragraph 2
Article 254 – paragraph 2
2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 253(6). In such a case, the Commission shall repeal the act without delayact shall automatically lapse following the notification of the decision to object by the European Parliament or by the Council.
Amendment 752 #
2013/0136(COD)
Proposal for a regulation
Article 255 a (new)
Article 255 a (new)
Article 255a Right of veto in relation to official controls The authorities of the Member States shall be empowered, in those procedures and in all official controls in which the Commission acts alone or jointly with the authorities, to veto the measures which intervene in the sphere of the Member States.
Amendment 753 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – introductory part
Article 257 – paragraph 1 – introductory part
1. Member States may apply additional or more stringent measures within their territories than those laid down in this Regulation concerning only:.
Amendment 754 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – point a
Article 257 – paragraph 1 – point a
Amendment 755 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – point b
Article 257 – paragraph 1 – point b
Amendment 756 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – point c
Article 257 – paragraph 1 – point c
Amendment 757 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – point d
Article 257 – paragraph 1 – point d
Amendment 758 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 1 – point e
Article 257 – paragraph 1 – point e
Amendment 759 #
2013/0136(COD)
Proposal for a regulation
Article 257 – paragraph 2
Article 257 – paragraph 2
Amendment 5 #
2012/2319(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with increasing urgency the EU’s insufficient capacity to respond to international crises in a timely and efficient manner, in spite of its long-standing commitment to preserving peace, preventing conflicts and strengthening international security in accordance with the principles of the UN Charter; stresses that the EU must assume its responsibilities to act as a security provider in Europe, and its neighbourhood and the world;
Amendment 13 #
2012/2319(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the EU is called upon in the Treaty to work on the progressive framing of a common Union defence policy, which could lead to a common defence; further recalls the Member States’ obligations under the mutual defence clause, which amount to nothing more than mutual solidarity and leave Member States free to decide to what extent they provide civil or military assistance in response to disasters;
Amendment 15 #
2012/2319(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Respects the neutrality policy of a number of Member States and stresses that a Member State may under no circumstances be forced to take military action;
Amendment 27 #
2012/2319(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that expansion of existing military structures within the EU, at Union, multinational and national level, must continue in the transformation processmust be promoted primarily at national level in order also to build modular, interoperable and deployable armed forces adapted to multinational operations;
Amendment 33 #
2012/2319(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with regret that, ten years after the first autonomous EU-led military operation, the EU still does not possess a permanent military planning and conduct capability, and deplornotes the inhibiting effect this is having on the EU’s ability to respond to acute crises; recalls that the current arrangements, which require ad hoc activation of a national headquarters, constitute a purely reactive approach and do not provide resources for the necessary advance planning; concedes that such an headquarters would restrict Member State autonomy and go far beyond the common defence policy objectives laid down in the Treaty of Lisbon;
Amendment 36 #
2012/2319(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 40 #
2012/2319(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that the creation of an EU Operational Headquartersmaintaining Member States’ military autonomy would gpreatly enhance the EU’s institutional memory in crisis management, contribute to the development of a common strategic culture throughvent hasty and rash decisions from being taken without adequate Member State involvement in the sdecondment of national personnel, maximise the benefits of civilian-military coordination, allow for the pooling of certain functions, reduce costs in the longer term, and facilitate political oversight by Parliament and the Councilision-taking process, and would strengthen the Council as the institution providing adequate scope for national defence ministers to engage in military cooperation in specific cases;
Amendment 53 #
2012/2319(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the efforts within the Council and EEAS to increase the flexibility and usability of the battle-groups, which have, however, produced little tangible result to date; points out that a high degree of interoperability is needed, not only at technical level but also at procedural and conceptual levels, in particular to align rules of engagement and remove national caveats;
Amendment 62 #
2012/2319(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls the mission and tasks of the EDA as provided for in Articles 42(3) and 45 TEU, in particular its essential role in developing and implementing an EU capabilities and armaments policy, harmonising operational needs, proposing multilateral projects, coordinating Member States’ programmes, strengthening the European Defence Technological and Industrial Base and improving the effectiveness of military expenditure; urges the Member States, given the EDA’s strong cost-effectiveness focus, to provide it with adequate funding in order to exploit its full potential, and repeats its call on the VP/HR to present proposals to finance the Agency’s staffing and running costs from the Union budget; stresses that the EDA is a service for Member States’ armed forces;
Amendment 63 #
2012/2319(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Deplores theRespects the fact that there is an absence of firm capability commitments by the Member States and calls on the Council to provide for the implementation of the related evaluation requirement set out in the Articles 42(3) and 45(1) TEU; calls on the VP/HR to make appropriate proposals to that end; takes the view that Parliament should be informed regularly about the progress made in building military capabilities relevant for the implementation of the CSDP;
Amendment 83 #
2012/2319(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for theWelcomes a strengthening of links between Eurocorps and the EU Military Staff, and invites more Member States to join Eurocorps’ multinational structure, which could form the nucleus of a fully integrated element of the European armed forces;
Amendment 98 #
2012/2319(INI)
Motion for a resolution
Paragraph 47 – point 1
Paragraph 47 – point 1
Amendment 100 #
2012/2319(INI)
Motion for a resolution
Paragraph 47 – point 2
Paragraph 47 – point 2
Amendment 103 #
2012/2319(INI)
Motion for a resolution
Paragraph 48 – point 3
Paragraph 48 – point 3
Amendment 104 #
2012/2319(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Notes that the Treaty clearly states that permanent structured cooperation is to be established within the Union framework, observing that the vast majority of activities developed under it could therefore benefit from access to the EU budget under the same conditions as other EU activities, in line with Article 41 TEU; also proposes looking into new forms of funding, however, in order to take adequate account of the neutrality policy of a number of Member States;
Amendment 179 #
2012/2137(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that although forced abortions are strictly illegal in China, family-planning officials repeatedly coerce women into abortions or sterilisation and calls therefore on the People's Republic of China to stop and strictly punish this way of proceeding, while encouraging the abolition of abortion and respecting the fundamental right to life of the unborn; condemns the so-called ‘social maintenance fee’, an often exorbitant fine that parents have to pay in the event of extra births, as was the case in the tragedy of Feng Jianmei; wholeheartedly supports Chinese voices that call for an end of the one-child policy;
Amendment 262 #
2012/2137(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Wishes to see the flourishing Protestant house churches and underground CatholicCalls in particular for the unofficial Catholic churches and the growing numbers of Protestant 'house churches' to be granted official recognition by the Chinese State as well; strongly condemns all attempts by the authorities to deprive these non-registered churches of their fundamental right of freedom of religion;
Amendment 9 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration scientific developments and internationally agreed standards against which their toxicity or addictiveness is assessed.
Amendment 16 #
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, 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 avoided.
Amendment 24 #
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 misleadcould, under certain circumstances, convey the impression to 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.
Amendment 27 #
2012/0366(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, namely by taking into consideration scientific developments and internationally agreed standards for assessing their toxicity or addictiveness.
Amendment 37 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methodthe methods of measuring emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attraddictiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 37 #
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, 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 39 #
2012/0366(COD)
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60 %. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules laid down in this Directive.
Amendment 41 #
2012/0366(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) This Directive lays down very comprehensive uniform rules governing the manufacture, design and marketing of tobacco products and similar products. Many of its provisions encroach on fundamental rights. In the interests of legal certainty, Member States should not be allowed to adopt provisions which depart from any of the labelling and packaging requirements laid down in this Directive.
Amendment 48 #
2012/0366(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must continue to enjoy the safeguard of a minimum level of legal certainty.
Amendment 48 #
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 misleadcould, under certain circumstances, convey the impression to 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.
Amendment 49 #
2012/0366(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. National data protection provisions must also be taken into account.
Amendment 51 #
2012/0366(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 61 #
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 or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 77 #
2012/0366(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data45. National data protection provisions must also be taken into account.
Amendment 79 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 79 #
2012/0366(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 81 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) ) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methodthe measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, addictiveness or attraddictiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 82 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 86 #
2012/0366(COD)
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60%. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules established in this Directive.
Amendment 88 #
2012/0366(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) This Directive takes a very comprehensive approach to creating uniform rules for the manufacture, presentation and sale of tobacco products and similar products. Many of the rules in the Directive enter the area of fundamental rights. In order to allay concerns regarding legal certainty, Member States should not be allowed to adopt any provisions that diverge from the labelling and packaging requirements standardised in this Directive.
Amendment 94 #
2012/0366(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must retain the safeguard of a certain minimum level of legal certainty.
Amendment 96 #
2012/0366(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data45. National data protection provisions must also be taken into account.
Amendment 97 #
2012/0366(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 100 #
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, 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 avoided.
Amendment 104 #
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 or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 106 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 113 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75a maximum of 43 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
Amendment 122 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 134 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 139 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 141 #
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 misleadcould, under certain circumstances, convey the impression to 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.
Amendment 142 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 143 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 149 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 152 #
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 163 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 168 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 185 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 186 #
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 5020 % of the surface on which they are printed.
Amendment 187 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 201 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75at least 20 % and a maximum of 50 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 216 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 217 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 219 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 222 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 223 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods for emissions, setting maximum levels for ingredients that increase toxicity, or addictiveness or attractiveness, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 224 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may be adopted only in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 225 #
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(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timetwo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 226 #
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(4), 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 226 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 227 #
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(4), 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 228 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 231 #
2012/0366(COD)
Proposal for a directive
Recital 40
Recital 40
(40) A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health. A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive. One example of a means of arbitrary discrimination is the rule that the surface covered by warnings be raised to over 60%. The aim of this Directive is to introduce uniform packaging and labelling requirements, so strict criteria must be applied regarding the leeway for Member States to adopt standards that diverge considerably from the rules established in this Directive.
Amendment 232 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 232 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 233 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. This Directive shall under no circumstances affect the right of Member States to adopt more stringent rules, provided they are essential for the protection of public health and do not go disproportionately further than the standards laid down in, or fall outside the scope of, this Directive.
Amendment 234 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 4at least 20 % of the external area of the corresponding surface of the unit packet and any outside packaging. That minimum proportion shall be increased to 425 % for Member States with two official languages and 530 % for Member States with three official languages.
Amendment 236 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 238 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 75 a maximum of 43% of the external area of both the front andsurface and a maximum of 62% of the external area of the back surface of the unit packet and any outside packaging;
Amendment 239 #
2012/0366(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) If tobacco products or similar products comply with the requirements of this Directive, Member States may not prohibit or unreasonably restrict the import, sale or consumption of these products. Manufacturers must retain the safeguard of a certain minimum level of legal certainty.
Amendment 240 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 241 #
2012/0366(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. National data protection provisions must also be taken into account.
Amendment 242 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 244 #
2012/0366(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union. The application of this Directive should respect the EU law and relevant international obligations.
Amendment 246 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 250 #
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, inserts, scratch-offs and sleeve and inserts 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 264 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 268 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 272 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 279 #
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 or menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 288 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 303 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 308 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 35 20 % for Member States with three official languages.
Amendment 311 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 315 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 316 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic,has healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 316 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 318 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 322 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 324 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 325 #
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(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 331 #
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(4), 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 332 #
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 337 #
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(4), 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 350 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 351 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 360 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 367 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 372 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 387 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 422 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 436 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 440 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 441 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in those cases where provision is expressly made in this Directive for such a delegation of power.
Amendment 443 #
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(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive]. [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 452 #
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(4), 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 460 #
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(4), 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 469 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 472 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 473 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
Amendment 625 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 660 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7543 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
Amendment 735 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 786 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 804 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 3015 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 810 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 819 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) suggests that a particular tobacco product is less harmful than others, except in cases in which it can be scientifically demonstrated that the harmful effect is significantly less than that of tobacco products already available for purchase;
Amendment 821 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic orhas healing, rejuvenating, otherwise positive health or social effects;
Amendment 854 #
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 907 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 923 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1000 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 9
Article 14 – paragraph 9
Amendment 1195 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
b) products with a nicotine concentration exceeding 24 mg per ml or
Amendment 1244 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1260 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 3015 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 3218 % for Member States with two official languages and 3520 % for Member States with three official languages.
Amendment 1266 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts may only be adopted in cases in which this Directive expressly provides for such a delegation.
Amendment 1269 #
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(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timewo years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 1280 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. TheA 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(4), 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 1289 #
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(4), 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 1320 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
Amendment 1321 #
2012/0366(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3 a. This Directive shall under no circumstances affect the right of Member States to adopt more stringent rules, provided they are essential for the protection of public health and do not go excessively beyond the standards set in, or fall outside the scope of, this Directive.
Amendment 48 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 34
Annex 1 – paragraph 34
34. Since 80% of all product-related environmental impacts are locked in during their design phase, the EU policy framework should ensure that priority products placed on the EU market are ‘eco- designed’ with a view to optimising resource and material efficiency, by addressing inter alia recyclability, recycled content and durability. These requirements will have to be implementable and enforceable. Efforts will be stepped up at EU and national level to remove barriers to eco-innovation and to unlock the full potential of Europe’s eco-industries, generating benefits for green jobs and growth. However, such measures must on no account result in products being banned.
Amendment 55 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 44
Annex 1 – paragraph 44
44. Access to water of satisfactory quality remains problematic in a number of rural areas in the EU, while ensuring the good quality of Europe’s bathing waters benefits both human health and the EU’s tourism industry. Privatisation of water supply has given rise to health risks, particularly where large businesses have acquired water rights. In order to preserve, improve and protect water quality, it is vital to ban privatisation of drinking water supplies. Adverse consequences of floods for human health and economic activity are being experienced more frequently, partly due to changes to the hydrological cycle and land use.
Amendment 57 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 58
Annex 1 – paragraph 58
58. Second, the EU will extend requirements on inspections and surveillance to the wider body of EU environment law, complementing these with an EU-level capacity that can address situations where there is due reason for concern. In the interests of efficiency and minimising red tape, no new EU authorities should be set up, and the competence of national environmental authorities must not be called into question.
Amendment 63 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 74
Annex 1 – paragraph 74
74. The Union and Member States will need to put in place the right conditions to ensure that environmental externalities are adequately addressed and that the right market signals are sent to the private sector, with due regard to any adverse social impacts. This will involve applying the polluter-pays principle more systematically, through phasing out environmentally harmful subsidies and shifting taxation away from labour towards pollution. However, this shift must not result in any relocation of jobs. As natural resources become increasingly scarce, the economic rent and profits associated with their ownership or exclusive use may increase. Public intervention to ensure that such rents are not excessive and that externalities are taken into account will lead to more efficient use of these resources and will help to avoid market distortions, as well as generate public revenue. Environment and climate priorities will be pursued in the framework of the European Semester where these are relevant to the sustainable growth prospects of individual Member States to which country-specific recommendations are addressed. Other market-based instruments, such as payments for ecosystem services, should be used more extensively at EU and national level to incentivise private sector involvement and sustainable management of natural capital.
Amendment 71 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 87
Annex 1 – paragraph 87
87. The EU is densely populated and by 2020, 80% of the EU population is likely to live in urban and peri-urban areas. Quality of life will be directly influenced by the state of the urban environment. The environmental impacts of cities also spread well beyond their physical limits, as they rely heavily on peri-urban and rural regions to meet demand for food, energy, space and resources, and to accommodate waste. Special attention should therefore be devoted to promoting rural areas and creating new jobs in the rural sector.
Amendment 75 #
2012/0337(COD)
Proposal for a decision
Annex 1 – paragraph 97
Annex 1 – paragraph 97
97. The EU has a good track-record when it comes to membership in multilateral environmental agreements (MEAs), although a number of Member States have still not ratified key agreements. This compromises the EU’s credibility in related negotiations. Member States and the EU should ensure timely ratification of all MEAs to which they are signatories, albeit bearing in mind that the Member States are permitted to apply different approaches in order to combat climate change.
Amendment 120 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 2
Annex 1 – point 2
2. Emissions of pollutants to air, water and soil have been reduced significantly over the past decades, as have greenhouse gas (GHG) emissions in recent years. This reduction is partly the result of production cutbacks during the economic crisis and plant closures in eastern Europe. EU chemicals legislation has been modernised and the use of many toxic or hazardous substances such as lead, cadmium and mercury has been restricted in products found in most households. EU citizens enjoy some of the best water quality in the world, and over 18 % of the EU’s territory and 4 % of its seas have been designated as protected areas for nature.
Amendment 130 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 5
Annex 1 – point 5
5. However, many environmental trends in the EU remain worrying, not least due to insufficient implementation of existing EU environment legislation. Only 17 % of species and habitats assessed under the Habitats Directive are in good status, and the degradation and loss of natural capital is jeopardising efforts to attain the EU’s biodiversity and climate change objectives. This has high associated costs which have not yet been properly valued in our economic or social system, even assuming that a figure can be put on the value of nature. What is more, it is still in no way clear to what extent climate change is a man-made phenomenon and to what extent the climate is changing as a result of the impact of natural factors. Thirty per cent of the EU’s territory is highly fragmented, affecting the connectivity and health of ecosystems and their ability to provide services as well as viable habitats for species. While progress has been made in the EU to decouple growth from GHG emissions, resource use and environmental impacts, resource use is still largely unsustainable and inefficient, and waste is not yet properly managed. As a result, EU businesses are foregoing the significant opportunities that resource efficiency offers in terms of competitiveness, cost reductions, improved productivity and security of supply. Water quality and air pollution levels are still problematic in many parts of Europe, and EU citizens continue to be exposed to hazardous substances, potentially compromising their health and wellbeing. Unsustainable land use is consuming fertile soils, with impacts on food security and the achievement of biodiversity targets. Soil degradation continues largely unchecked.
Amendment 133 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 6 a (new)
Annex 1 – point 6 a (new)
6a. The international dimension of EU environmental policy must encompass negotiations with other groupings of states. The scope for integrating environmental objectives into WTO trade policy has not yet been exhausted.
Amendment 152 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 17
Annex 1 – point 17
17. However, recent assessments show that biodiversity in the EU is still being lost and that most ecosystems are seriously degraded. The EU Biodiversity Strategy to 2020 sets out targets and actions needed to reverse these negative trends and to enhance ecosystem services. It must be implemented in full to enable the EU to meet its biodiversity headline target for 2020. Whereas the strategy includes built- in measures to improve the implementation of the Birds and Habitats directives, including the Natura 2000 network, reaching the headline target will require the full implementation of all existing legislation aimed at protecting natural capital.
Amendment 241 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 31
Annex 1 – point 31
31. All sectors of the economy will need to contribute to reducing GHG emissions for the EU to deliver its fair share of global efforts. The EU needs to agree the next steps for its climate and energy framework beyond 2020 in order to prepare itself for international negotiations on a new legally binding agreement, but also to provide Member States and industry with a clear framework to make the medium-term investments needed. Hence the EU needs to consider policy options for delivering the reductions set out in the Low-Carbon Economy Roadmap for the period beyond 2020. The 2050 Energy roadmap and the White Paper on transport need to be underpinned by strong policy frameworks. Moreover, Member States need to develop and put in place long-term, cost-effective low-carbon development strategies aimed at achieving the EU objective of reducing GHG emissions by 80% to 95% by mid- century, compared to 1990, as part of a global effort to limit average temperature increase to below 2°C. At the same time, there should be regular checks to determine whether this objective can realistically be achieved. The EU Emissions Trading System will continue to be a central pillar of EU climate policy beyond 2020.
Amendment 248 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 34
Annex 1 – point 34
34. Since 80% of all product-related environmental impacts are locked in during their design phase, the EU policy framework should ensure that priority products placed on the EU market are ‘eco- designed’ with a view to optimising resource and material efficiency, by addressing inter alia recyclability, recycled content and durability. These requirements will have to be implementable and enforceable. Efforts will be stepped up at EU and national level to remove barriers to eco-innovation and to unlock the full potential of Europe’s eco-industries, generating benefits for green jobs and growth. Such measures must not, however, result in products being banned.
Amendment 249 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 35
Annex 1 – point 35
35. To set a framework for action to improve resource efficiency aspects beyond GHG emissions and energy, targets for reducing the overall environmental impact of consumption will be set, in particular in the food, housing and mobility sectors. Taken together, these are responsible for almost 80 % with industry, these sectors are responsible for a substantial proportion of the environmental impacts of consumption. The Rio+20 outcome recognised the need to significantly reduce post-harvest and other food losses and waste throughout the food supply chain.
Amendment 330 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 44
Annex 1 – point 44
44. Access to water of satisfactory quality remains problematic in a number of rural areas in the EU, while ensuring the good quality of Europe’s bathing waters benefits both human health and the EU’s tourism industry. Privatisation of water supply has given rise to health risks, particularly where large businesses have acquired water rights. In order to preserve, improve and protect water quality, it is vital to ban privatisation of drinking water supplies. Adverse consequences of floods for human health and economic activity are being experienced more frequently, partly due to changes to the hydrological cycle and land use.
Amendment 369 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 58
Annex 1 – point 58
58. Second, the EU will extend requirements on inspections and surveillance to the wider body of EU environment law, complementing these with an EU-level capacity that can address situations where there is due reason for concern. In the interests of efficiency and minimising red tape, no new EU authorities should be set up, and the competence of national environmental authorities must not be called into question.
Amendment 403 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 69 – indent 4
Annex 1 – point 69 – indent 4
– Ensuring all sectors contribute to efforts to combat climate change requires a clear overview of GHG measurement, monitoring and data collection, which is currently incomplete for key sectors, such as agriculture.
Amendment 430 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 74
Annex 1 – point 74
74. The Union and Member States will need to put in place the right conditions to ensure that environmental externalities are adequately addressed and that the right market signals are sent to the private sector, with due regard to any adverse social impacts. This will involve applying the polluter-pays principle more systematically, through phasing out environmentally harmful subsidies and shifting taxation away from labour towards pollution. However, this shift must not result in any relocation of jobs. As natural resources become increasingly scarce, the economic rent and profits associated with their ownership or exclusive use may increase. Public intervention to ensure that such rents are not excessive and that externalities are taken into account will lead to more efficient use of these resources and will help to avoid market distortions, as well as generate public revenue. Environment and climate priorities will be pursued in the framework of the European Semester where these are relevant to the sustainable growth prospects of individual Member States to which country-specific recommendations are addressed. Other market-based instruments, such as payments for ecosystem services, should be used more extensively at EU and national level to incentivise private sector involvement and sustainable management of natural capital.
Amendment 448 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 87
Annex 1 – point 87
87. The EU is densely populated and by 2020, 80 % of the EU population is likely to live in urban and peri-urban areas. Quality of life will be directly influenced by the state of the urban environment. The environmental impacts of cities also spread well beyond their physical limits, as they rely heavily on peri-urban and rural regions to meet demand for food, energy, space and resources, and to accommodate waste. Particular attention must therefore be paid to promoting rural areas and the creation of new jobs in the rural sector.
Amendment 475 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 97
Annex 1 – point 97
97. The EU has a good track-record when it comes to membership in multilateral environmental agreements (MEAs), although a number of Member States have still not ratified key agreements. This compromises the EU’s credibility in related negotiations. Member States and the EU should ensure timely ratification of all MEAs to which they are signatories but should also ensure that the Member States are permitted to follow different approaches in the fight against climate change.
Amendment 15 #
2012/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) When implementing and interpreting this Directive, it should be kept in mind that indirect land-use change, when understood as a price effect as a result of rising biofuel demand, is in practice not precise enough to make the forecasts that are required for legislation. This also needs to be taken into account by legislators adopting the rules on enforcing this Directive.
Amendment 43 #
2012/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) When implementing and interpreting this Directive, it should be kept in mind that indirect land-use change, when understood as a price effect as a result of rising biofuel demand, is in practice not precise enough to make the forecasts that are required for legislation. This also needs to be taken into account by legislators adopting the rules on enforcing this Directive.
Amendment 75 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 78 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 94 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. The delegation of power referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Directive.
Amendment 96 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 98 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 102 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
The delegation of power referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of timefive years from the date of entry into force of this Directive.
Amendment 105 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 108 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67d(5), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 132 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – subpoint b
Article 2 – point 5 – subpoint b
Directive 2009/28/EC
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 147 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 2
Article 25b – paragraph 2
2. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred on the Commission for an indeterminate period of timefive years from [the date of entry into force of this Directive].
Amendment 150 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – subpoint b
Article 2 – point 5 – subpoint b
Directive 2009/28/EC
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 151 #
2012/0288(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 163 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 2
Article 25b – paragraph 2
The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred on the Commission for an indeterminate period of timefive years from [the date of entry into force of this Directive].
Amendment 173 #
2012/0288(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 711 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where the national law of a Member State applies by virtue of public international law. This shall be without prejudice to national provisions to which the controller is subject.
Amendment 720 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be unequivocally identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal personavailable to the controller, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 739 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘'processing’' means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure, blocking or destruction;
Amendment 777 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning the characteristics of an individualdata obtained by means of genetic testing or genetic analysis performed in connection with genetic testing regarding genetic characteristics. Genetic characteristics are hereditary information of human origin which areis inherited or acquired during early prenatal development,conception or up until birth;
Amendment 780 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘'biometric data’' means any data relating to the physical, physiological or behavioural characteristics of an individual which allow their unique identification, such as facial images, or dactyloscopic data, but not signatures;
Amendment 808 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 a (new)
Article 4 – paragraph 1 – point 19 a (new)
(19a) ‘anonymising’ means altering personal data in such a manner that all the information relating to a data subject becomes impossible to connect with a particular or identifiable natural person or can only be so connected by means of a disproportionate effort in terms of time, cost and labour;
Amendment 811 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 b (new)
Article 4 – paragraph 1 – point 19 b (new)
(19b) ‘pseudonymising’ means replacing the name and other identifying features with a mark for the purpose of preventing or seriously impeding the identification of the data subject;
Amendment 813 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 c (new)
Article 4 – paragraph 1 – point 19 c (new)
(19c) ‘third party’ means a natural or legal person, authority, institution or any other entity, with the exception of the data subject, the controller, the processor and persons who are authorised to process the data under the direct responsibility of the controller or of the processor;
Amendment 817 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject;
Amendment 826 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum necessary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 831 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) accurate and, if necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or, if this is not possible, blocked or rectified without delay;
Amendment 840 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods if statutory retention rules so require or insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
Amendment 847 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) processed under the responsibility and liability of the controller, who shall ensure and demonstrate for each processing operation the compliance with the provisions of this Regulation.
Amendment 848 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) personal data shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data, for example pseudonymised or anonymised data;
Amendment 865 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligata law or other legal provision to which the controller is subject requires or allows processing;
Amendment 884 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller or an entitled third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 947 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (ef) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 980 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. In accordance with the principle of good faith, withdrawal of consent shall not be permitted when the consent is required for the completion of a contract.
Amendment 996 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. In this connection the interests of the data subjects shall be taken into account.
Amendment 1060 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other non-profit-seeking body with a political, philosophical, religious or trade- union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that bodyto third parties without the consent of the data subjects;
Amendment 1072 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point h
Article 9 – paragraph 2 – point h
(h) processing of data concerning health is necessary for health purposes and subject to the conditions and safeguards referred to in Article 81 for the purposes referred to there or for the completion of contracts related thereto;
Amendment 1085 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)
Article 9 – paragraph 2 – point j a (new)
(ja) For the purposes of conformity with compliance rules, persons subject to such rules shall be entitled to process data to the extent necessary for the implementation of the compliance rules.
Amendment 1096 #
2012/0011(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Processing not allowing identificationdure for automated processing
Amendment 1098 #
2012/0011(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1099 #
2012/0011(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1356 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the communication to the data subject of the cParagraphs 1 and 2 shall not apply where: (a) the data are stored only because they cannot be deleted on account of statutory, statutes-based or contractual periods for which they are required to be kept; (b) the data serve solely to provide a data backup or to monitor data protection, and providing information would involve a disproportionate effort; (c) the data must be kept secret in accordance with legislation or by virtue of their nature, particularly because of the overriding legal interest of a third party; (d) the data storage is necessary solely for purposes of academic or scientific research and providing information would involve a disproportionate effort; (e) the data have been derived from generally accessible sources and notification would be disproportionate on account of the personal data referred to in point (g) of paragraph 1. large number of cases concerned; (f) notification would seriously jeopardise the commercial objectives or other fundamental rights and freedoms of the controller, unless the interest in notification outweighs the risk.
Amendment 1362 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1455 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. Instead of erasure, the controller shall restrict processing ofblock personal data where:
Amendment 1466 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point d a (new)
Article 17 – paragraph 4 – point d a (new)
(da) for technical reasons, erasure would be impossible or would involve disproportionate efforts.
Amendment 1483 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
Amendment 1488 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 9 – point c
Article 17 – paragraph 9 – point c
(c) the criteria and conditions for restricting the processing ofblocking personal data referred to in paragraph 4.
Amendment 1554 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affectplaces this natural person at a legal disadvantage, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1661 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation.
Amendment 1717 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the risk, the type of data requiring protection, the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 1775 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a processing operation is to be carried out on behalf of a controller, the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject, in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and; the controller shall also ensure compliance with those measuresthat those measures have been complied with.
Amendment 1794 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
(f) assist the controller in ensuring compliance with the obligations pursuant to ADoes not affect English text. The German original corrects ‘den Auftragsverarbeiter’ (the processor) to ‘den für die Verarbeitung Verantwortlicles 30 to 34;hen’ (the data controller).
Amendment 1799 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
(g) hand overreturn all results to the controller after the end of the processing and not process the personal data otherwiseerase stored data;
Amendment 1810 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1822 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2174 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more;
Amendment 2182 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjectfor transfer, anonymised transfer, market research or opinion polling purposes.
Amendment 2268 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 2509 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point h a (new)
Article 44 – paragraph 1 – point h a (new)
(ha) if an appropriate level of data protection pursuant to Article 41 or 42 does not exist, transfer or a category of transfer of personal data to a third country or to an international organisation or authority is permissible only if the transfer takes place to comply with a statutory obligation or authorisation, a requirement pertaining to supervision or another legislative provision to which the controller is subject.
Amendment 2894 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
Article 79 – paragraph 4 – introductory part
4. The supervisory authority shall impose a fine up to 250.0 000 EUR or, in case of an enterprise up to 0,5 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 2926 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – introductory part
Article 79 – paragraph 6 – introductory part
6. The supervisory authority shall impose a fine up to 1.000.000 EUR or, in case of a breach with intent to make a profit by an enterprise, up to 2 % of its annual worldwide turnover, to anyone who, intentionally or negligently:
Amendment 422 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. By derogation to paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to and pursuit of the profession to holders of an attestation of competence whose level is the same as that required by the host Member State where the national qualification required to exercise the profession on its territory is classified under points (d) or (e) of Article 11.
Amendment 34 #
2011/0225(NLE)
Proposal for a regulation
Article 3 – paragraph 4 – point b a (new)
Article 3 – paragraph 4 – point b a (new)
(ba) material for energy production by nuclear fission and for the purpose of disposing of such material.
Amendment 51 #
2011/0225(NLE)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. A valid certificate of registration shall be recognizsed by all Member States unless this is precluded by a national constitutional provision.
Amendment 52 #
2011/0225(NLE)
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
8a. A breach of the provisions of this Regulation shall result in the registration certificate being annulled.
Amendment 56 #
2011/0225(NLE)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. If a carrier does not comply with the requirements of this Regulation the competent authority of the Member State where the non-compliance was discovered shall apply enforcement measures within the legal framework of that Member State, such as written notices, training and education measures, suspension, revocation or modification of the registration or prosecution, depending on the safety significance of the non-compliance and the record of compliance of the carrier. In addition, the competent authority must annul any registration certificate which has been issued in the event of a breach of the provisions of this Regulation.
Amendment 63 #
2011/0225(NLE)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Competent authorities of Member States shall cooperate with a view to harmonising their requirements for issuing a registration and to ensuring the harmonised application and enforcement of this Regulation. The competent authorities shall be required to inform their counterparts in the other Member States of any breach of the provisions of this Regulation without delay.
Amendment 70 #
2011/0225(NLE)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Conflict of law If national provisions conflict with the rules set out in this Regulation, the constitutional law provisions of the Member States shall take precedence.
Amendment 1 #
2011/0146(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 2 #
2011/0146(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 3 #
Amendment 1840 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility.