1593 Amendments of Astrid LULLING
Amendment 18 #
2013/2166(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the establishment of the Single Supervisory Mechanism (SSM) whas anvery important next step towards coherent supervision of bankimplications for the institutional setting up of micro and macro-prudential supervision in the EU given the powers attributed to the ECB in those fields;
Amendment 34 #
2013/2166(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas according to the ESRB Recommendation 2011/3 central banks should have a leading role in macro- prudential supervision and, accordingly, representatives of central banks should necessarily be members of the ESRB decision-making bodies;
Amendment 41 #
2013/2166(INI)
Motion for a resolution
Recital J
Recital J
Amendment 51 #
2013/2166(INI)
Motion for a resolution
Recital L
Recital L
L. whereas supervision by the European Central Bank (ECB) of financial conglomerates active in banking and insurance business is limited by the legal basis for the SSM which could have been avoided by establishing the SSM on the basis of Article 352 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 82 #
2013/2166(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the voting rights in the Boards of Supervisors of the ESAs are not proportionate to the size of the relevant Member States;, which is a comparable situation existing in the ECB or in European agencies
Amendment 89 #
2013/2166(INI)
Motion for a resolution
Recital T
Recital T
T. whereas some national supervisors from Member States had difficulties to meet their compulsory contributions to the ESAs’ budgets;
Amendment 156 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 1 – indent 5
Annex – paragraph 1 – indent 5
– EstablishMake sure the ESRB outside the ECB to avoid the arising conflicts of interest between micro-prudential supervision and macro-economic oversightmay further develop as a strong network ensuring a permanent monitoring and analysis of systemic risks among decision makers, developing a culture of dialogue between micro-prudential supervision and macro- prudential oversight; provide for mechanisms enhancing the independence of the ESRB, while preserving the current institutional arrangements ensuring interaction with the ECB, including the ex-officio designation of the ECB President as ESRB Chair; ensure the necessary operational changes to the ESRB as a consequence of the establishment of the SSM, including the possibility for the ESRB to address warnings and recommendations to the ECB and the SSM.
Amendment 168 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 1
Annex – paragraph 2 – indent 1
Amendment 193 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 3
Annex – paragraph 2 – indent 3
– amending Article 45 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010, and of Regulation (EU) No 1095/2010 and transforming the Management Boards of the three ESAs into independent bodies, staffed by three professionals with a European mandate, appointed by the European Parliament, the chairperson of the ESAs and the executive directors and granting the members of the Management Board the right to vote on the Board of Supervisors to ensure more independence from national interests;
Amendment 204 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 5
Annex – paragraph 2 – indent 5
Amendment 230 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 1 – indent 8
Annex – paragraph 1 – indent 8
– withdrawing the right to voteclarifying that on questions concerning consumer protection for members of the Board of Supervisors which do notshould also have a mandate for consumer protection in their Member State;
Amendment 237 #
2013/2166(INI)
– enabling the ESRB to explore and to propose additional measures for macroeconomic stability such as leverage and loan-to-value ratios, counter cyclical buffers and accounting standarddevelop guidance to Member States on additional macro- prudential instruments promoting financial stability;
Amendment 254 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 11
Annex – paragraph 2 – indent 11
– revising the structure of the ESRB to allow swifter decision-making and stronger accountability by establishing a systemic stability council with a limited number of members, while ensuring appropriate representation of authorities;
Amendment 273 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 14
Annex – paragraph 2 – indent 14
Amendment 279 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 17
Annex – paragraph 2 – indent 17
– providing for the mandatory involvement of the ESAs and of the ESRB in preparation of legislative processes concerning their fields of expertise;
Amendment 284 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 18
Annex – paragraph 2 – indent 18
– enhancing transparency of stakeholder involvement and potential conflicts of interest and developing a stricter regime on cooling-off periods, in particular through a greater outreach to retail groups, efficient consultations and more transparent processes;
Amendment 286 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 18 a (new)
Annex – paragraph 2 – indent 18 a (new)
– recognising that the stakeholder groups of the ESAs have made a valuable contribution and recommending that the ESA’s provide greater administrative support to these groups to enable them to become more helpful;
Amendment 288 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 2 – indent 20
Annex – paragraph 2 – indent 20
Amendment 308 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 3 – indent 1 a (new)
Annex – paragraph 3 – indent 1 a (new)
– which consequences the establishment of SSM will imply on the financial supervision in the European Union as a whole;
Amendment 309 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 3 – indent 1 b (new)
Annex – paragraph 3 – indent 1 b (new)
– whether, concerning banking supervision, the SSM will totally modify the functioning of the EBA;
Amendment 317 #
2013/2166(INI)
Motion for a resolution
Annex – paragraph 3 – indent 5 a (new)
Annex – paragraph 3 – indent 5 a (new)
– to consider the possibility for the ESA’s to suspend temporarily the application of a particular rule if this could led to unintended consequences due to extraordinary market consequences;
Amendment 13 #
2013/2156(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to European Directives since 1975 on the different aspects of equal treatment for men and women (Directive 2010/41/EU, Directive 2010/18/EU, Directive 2006/54/EU, Directive 2004/113/EC, Directive 92/85/EEC, Directive 86/613/EEC and Directive 79/7/EEC),
Amendment 17 #
2013/2156(INI)
Motion for a resolution
Recital A
Recital A
Amendment 22 #
2013/2156(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European directives on equal treatment for men and women adopted since 1975 have made a considerable contribution towards effectively promoting gender equality;
Amendment 35 #
2013/2156(INI)
Motion for a resolution
Recital B
Recital B
Amendment 38 #
2013/2156(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas it is regrettable that some of the old Member States either do not yet apply these Directives correctly, or do not exercise sufficient control over the implementing legislation introduced;
Amendment 39 #
2013/2156(INI)
Motion for a resolution
Recital C
Recital C
Amendment 47 #
2013/2156(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, for various reasons, the new Member States of eastern Europe have not yet fully implemented this important acquis communautaire;
Amendment 54 #
2013/2156(INI)
Motion for a resolution
Recital D
Recital D
Amendment 57 #
2013/2156(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Commission should do more to ensure implementation of EU directives in the field, notably by the social partners who negotiate collective agreements and are too often unaware of Community requirements regarding the equal treatment of women and men with respect to pay, access to employment and career advancement and social security;
Amendment 71 #
2013/2156(INI)
Motion for a resolution
Recital G
Recital G
Amendment 127 #
2013/2156(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 135 #
2013/2156(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to pay more attention to ensuring that European directives on the equal treatment of women and men are properly applied by all Member States;
Amendment 142 #
2013/2156(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strengthen and ensure the full use of collective bargaining in the private and public sectors as an irreplaceable instrument with which to regulate labour relations, combat wage discrimination and promote equalityExpects the Commission to take all the measures at its disposal to enforce all aspects of EU directives on equal treatment for men and women, including by the social partners who negotiate collective agreements;
Amendment 2 #
2013/2091(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that consumer confidence in the safety of food in the EU has been undermined by instances of fraud in the food chain which have impacted negatively on the whole food chain, from producers through to consumers; notes the direct link between lack of transparency and the length of the food chain and number of intermediaries between producer and consumer;
Amendment 38 #
2013/2091(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 231 #
2013/2021(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to come forward with a proposal for mandatory separation of banks' retail and investmenttrading activities;
Amendment 255 #
2013/2021(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to come forward with a proposal for such mandatory separation through the establishment of a thorough, transparent and credible ‘ring fence’ around bank activities that are vital forcustomer-related and connected to the real economy, such as those relating to credit functions, payment systems and deposits; takes the view that in the event of a bank failure, the ring fence must ensure that the retailing-fenced entity continues business unaffected by operational problems, financial losses, funding shortages or reputational damage resulting from the resolution or insolvency of the investmenttrading entity;
Amendment 277 #
2013/2021(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission to ensure that trading activities do not benefit from implicit guarantees, the use of insured deposits or taxpayer bailouts and that these activities do not pose a risk to the delivery of ring-fenced retail services;
Amendment 290 #
2013/2021(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to ensure that where banks undertake trading activities, the risks and costs associated with those activities are borne by their trading arm and not by their ring-fenced retail arm;
Amendment 311 #
2013/2021(INI)
Motion for a resolution
Paragraph 12 – point a
Paragraph 12 – point a
(a) separate legal entities, with separate sources of funding for the bank's retail and investmenting- fenced and trading entities;
Amendment 356 #
2013/2021(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the necessity of assessing the systemic risk presented by both the retail and investmenting-fenced and trading entities, as well as by the group as a whole, with a view to the application of appropriate capital buffers and liquidity requirements for each entity;
Amendment 370 #
2013/2021(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to ensure that the retailing-fenced entity has sufficient capital and liquid assets to enable it, in the event of the bank's failure, to maintain depositors' access to funds, to protect the essential services of the ring-fenced arm from the risk of disorderly failure and to prioritise paying out depositors in a timely fashion;
Amendment 381 #
2013/2021(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that adequate differentiation exists in terms of capital, leverage and liquidity requirements between the investment and retailtrading and ring-fenced entities, with an emphasis on higher capital requirements for the investmenttrading entity;
Amendment 8 #
2013/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need to provide better universal social security and to promote social insurancefor a social security system that covers pensions, illness and occupational accidents for all self- employed; calls on the Commission and Member States to link social security and social protection rights to the individual rather than the working contract, thereby enabling decent social protection for all including and their spouses or partners recognised by national law who participate in the activities of the self- employed and workers regardless of their contract type or employment status;
Amendment 19 #
2013/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that in particular self-employed women face obstacles in terms of individual access to and take-up of social security rights and that those obstacles have a long-term negative effect on the acquisition of social security rights; calls on Member States to reduce administrative obstacles in accessing social security among self-employedunder Directive 2010/41/EU on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, the Member States must tackle all obstacles that prevent women and their spouses or partners recognised by national law from benefiting from social protection in accordance with national law;
Amendment 24 #
2013/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 28 #
2013/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 33 #
2013/2011(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 41 #
2013/2011(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on Member States to also facilitate the combination of work and care responsibilities by providing workers with flexibility with regard to working hours and working place in order to avoid that they have no other possibility for flexibility than to resort to dependent self- employmentfor the self-employed and their spouses or partners recognised by national law by speeding up the application of Articles 7 and 8 of Directive 2010/41/EU of 7 July 2010;
Amendment 89 #
2013/0306(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 95 #
2013/0306(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 163 #
2013/0306(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The assets received by the MMF as part of a reverse repurchase agreement shall not be included for the purpose of calculating the limits on diversification and concentration laid down in this Regulation.
Amendment 165 #
2013/0306(COD)
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Amendment 297 #
2013/0306(COD)
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 3
Article 26 – paragraph 4 – subparagraph 3
Amendment 300 #
2013/0306(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In addition to the marking to market method referred to in paragraphs 2 and 3 and marking to model method referred to in paragraph 4, the assets of a CNAVn MMF may also be valued by using the amortised cost method. where its board of directors or the board of directors of its management company determines in good faith that the methodology reflects accurately the fair value of the relevant money market instruments held in the portfolio in accordance with generally accepted accounting principles. Where it is considered that amortization method can be used to fairly assess the value of a money market instrument, it must ensure that this will not result in a material discrepancy between the value of the money market instrument and the value calculated according to the amortization method. The following MMF/MMI will comply with the latter principles: • money market instruments with a residual maturity of less than 60 days and with no specific sensitivity to market parameters, including credit risk; or • MMF investing solely in high-quality instruments with as a general rule a maturity or residual maturity of at most 397 days or regular yield adjustments in line with the maturities mentioned before and with a weighted average maturity of 60 days. The requirement that the instruments be high-quality instruments should be adequately monitored, taking into account both the credit risk and the final maturity of the instrument. These principles along with adequate procedures defined by the MMF should avoid the situation where discrepancies between the value of the money market instrument and the value calculated according to the amortization method would become material, whether at the individual money market instrument or at the MMF level. These procedures might include updating the credit spread of the issuer or selling the money market instrument.
Amendment 309 #
2013/0306(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. A CNAV MMF shall satisfy all the following additional requirements: have in place redemption gate and/or fee provisions. The CNAV MMF board or management company shall decide whether to implement redemption gates and/or fees once a trigger is breached. These mechanisms should be set to ensure that shareholders remaining in the CNAV MMF do not suffer the liquidity costs of redeeming shareholders. If the redemption gate and/or fee have not repaired the CNAV MMF within 30 days, the CNAV MMF shall convert to a VNAV MMF or be liquidated. ESMA shall determine the nature of the trigger for redemption gates and/or fees and the calculation of the redemption fee.
Amendment 333 #
Amendment 348 #
2013/0306(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 351 #
2013/0306(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 358 #
2013/0306(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 363 #
2013/0306(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 413 #
2013/0306(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Within the six24 months following the date of entry into force of this Regulation, an existing UCITS or AIF that invests in short term assets and has as distinct or cumulative objectives offering returns in line with money market rates or preserving the value of the investment shall submit an application to its competent authority together with all documents and evidence necessary to demonstrate the compliance with this Regulation.
Amendment 432 #
2013/0306(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
By three years after the entry into force of this Regulation, the Commission shall review the adequacy of this Regulation from a prudential and economic point of view. In particular the review shall consider the operation of the CNAV buffer and the operation of the CNAV buffer to those CNAV MMFs that, in future, might concentrate their portfolios on debt issued or guaranteed by the Member States. The review shall:
Amendment 486 #
2013/0253(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) claims related to eligible deposits and claims from deposit guarantee schemes;
Amendment 658 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 2 – point b
Article 24 – paragraph 1 – subparagraph 2 – point b
Amendment 668 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 673 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 678 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 682 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
Amendment 687 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 9
Article 24 – paragraph 9
Amendment 691 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 10
Article 24 – paragraph 10
Amendment 694 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 11
Article 24 – paragraph 11
Amendment 696 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 12
Article 24 – paragraph 12
Amendment 701 #
2013/0253(COD)
Proposal for a regulation
Article 24 – paragraph 14
Article 24 – paragraph 14
Amendment 772 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) a member appointed by the ECB; who shall be non-voting
Amendment 839 #
2013/0253(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. When deliberating on an individual entity or a group established only in one participating Member State, the Board shall take its decisions in its executive sessions by a simple majority of its participating members. In case of a tie the Executive Director shall have a casting vote. The distribution of voting rights shall be the following : (a) the Executive Director : one vote (b) the Deputy Executive Director : one vote (c) the member appointed by the Commission : two votes (d) the member appointed by the participating Member State, representing the national resolution authority : two votes
Amendment 846 #
2013/0253(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. When deliberating on a cross-border group, the Board shall take its decisions in its executive sessions by a simple majority of its participating members. The members of the Board referred to in Article 40(2) and the member appointed by the Member State in which the group level resolution authority is situated shall each have one vote. The other participating members shall each have a voting right equal to a fraction of one vote and the number of national resolution authorities of39(1) shall have the following voting rights : (a) the Executive Director : one vote (b) the Deputy Executive Director : one vote (c) the member appointed by the Commission : two votes (d) the member appointed by the Member State in which the group level resolution authority is situated : one vote (e) the members appointed by the Member States in which a subsidiary or entity covered by consolidated supervision is established shall have one vote, up to maximum of two votes where the number of such members is bigger than two. In case of a tie the Executive Director shall have a casting vote.
Amendment 986 #
2013/0253(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point e
Article 71 – paragraph 1 – point e
Amendment 988 #
2013/0253(COD)
Proposal for a regulation
Article 71 – paragraph 1 – point f
Article 71 – paragraph 1 – point f
Amendment 994 #
2013/0253(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fund shall not be used directly to absorb the losses of an institution or an entity referred to in Article 2 or to recapitalise an institution or an entity referred to in Article 2. In the event that the use of the resolution financing arrangement for the purposes in paragraph 1 indirectly results in part of the losses of an institution or an entity referred to in Article 2 being passed on to the Fund, the principles governing the use of the resolution financing arrangement set out in Article 24 shall apply.
Amendment 998 #
2013/0253(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
Amendment 1000 #
2013/0253(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 1001 #
2013/0253(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 1006 #
2013/0253(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 122 #
2013/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform rules on the authorisation, investment policies and operating conditions of closed-ended EU alternative investment funds (AIFs), or compartiment of AIF, that are marketed in the Union as European long-term investment funds (ELTIFs).
Amendment 151 #
2013/0214(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Where an ELTIF or AIF comprises more than one investment compartment, each ELTIF compartment shall be regarded as a separate ELTIF for the purposes of this Chapter.
Amendment 170 #
2013/0214(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) direct holdings of individual real assets that require up-front capital expenditure of at least EUR 10 million or its equivalent in the currency, and at the time, in which the expenditure is incurred, or indirect holdings of participations in companies whose exclusive objective is to hold such individual real assets.
Amendment 172 #
2013/0214(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(ea) units or shares of one or several AIF, provided that the AIF have not themselves invested more than 10% of their capital in ELTIFs and the AIF invests in eligible investments according to article 8.
Amendment 193 #
2013/0214(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) in case of a breach of the diversification requirements provided for in article 12 and this breach results from circumstances beyond the control of the manager, the latter shall be given by the competent authorities the appropriate time period necessary to rectify the position
Amendment 194 #
2013/0214(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) 10% of its capital directly or indirectly in an individual real asset according to article 9 (e);
Amendment 195 #
2013/0214(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) 10% of its capital in units or shares of any single ELTIF, EuVECA or, EuSEF or AIF;
Amendment 198 #
2013/0214(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aggregate value of units or shares of ELTIFuVECAs, EuvECASEFs and EuSEFsAIF which do not qualify as ELTIF in an ELTIF portfolio shall not exceed 20% of the value of its capital. An ELTIF may invest up to 100% of the value of its capital in other ELTIF.
Amendment 250 #
2013/0214(COD)
Proposal for a regulation
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
Amendment 268 #
2013/0214(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a ELIGIBLE INVESTORS 1. Managers of ELTIF shall market the units and shares of qualifying venture capital funds exclusively to investors which are considered to be professional clients in accordance with Section I of Annex II to Directive 2004/39/EC or which may, on request, be treated as professional clients in accordance with Section II of Annex II to Directive 2004/39/EC, or to other investors that: (a) commit to investing a minimum of EUR 100 000; and (b) state in writing, in a separate document from the contract to be concluded for the commitment to invest, that they are aware of the risks associated with the envisaged commitment or investment. 2. Paragraph 1 shall not apply to investments made by executives, directors or employees involved in the management of a manager of a ELTIF when investing in the ELTIF that they manage.
Amendment 275 #
2013/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
The manager of the ELTIF implements appropriate arrangements to ensure that the appropriateness of the profile of the ELTIF's retail investors before they invest
Amendment 279 #
2013/0214(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. TNotwithstanding the provisions of the first subparagraph of Article 43 of directive 2011/61/EU, the manager of an ELTIF shall be able to market the units or shares of that authorised ELTIF to professional and retail investors in Member States other than in the home Member State of the ELTIF manager upon notification in accordance with Article 32 of Directive 2011/61/EU.
Amendment 16 #
2013/0188(CNS)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) However, in more than half of the Member States automatic exchange of information is not allowed or applied domestically.
Amendment 20 #
2013/0188(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC9 already provides for the mandatory automatic exchange of information between Member States on certain categories of income and capital. It also establishes a step-by-step approach to reinforcing automatic exchange of information by its progressive extension to new categories of income and capital and the removal of the condition that the information only has to be exchanged if available. __________________ 9 OJ L 64, 11.3.2011, p.1.
Amendment 22 #
2013/0188(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) As highlighted by the request of the European Council, it is appropriate to bring forward the extension of automatic information exchange already envisaged in Article 8(5) of Directive 2011/16/EU. A Union initiative should ensures a coherent, consistent and comprehensive Union-wide approach to the automatic exchange of information in the internal market which would lead to cost savings both for tax administrations and economic operators.
Amendment 32 #
2013/0188(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) The conclusion of parallel and uncoordinated agreements by Member States under Article 19 of Directive 2011/16/EU would lead to distortions that would be detrimental to the smooth functioning of the internal Market. Expanded automatic information exchange on the basis of a Union-wide legislative instrument would remove the need for Member States to invoke that provision, with a view to concluding bilateral or multilateral agreements that may be considered appropriate on the same subject in the absence of relevant Union legislation. The "most favoured nation clause" in Article 19 of the existing DAC, can however not be invoked by Member States, when the automatic exchange of information is illegal from a constitutional point of view.
Amendment 34 #
2013/0188(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) The scope of Article 8 of Directive 2011/16/EU, should be extended to include the following items covered by FATCA and related agreements by Member States: dividends, capital gains, other financial income and account balances, which are paid, secured or held by a financial institution for the direct or indirect benefit of a beneficial owner who is a natural person resident in other Member States and other financial income.
Amendment 37 #
2013/0188(CNS)
Proposal for a directive
Recital 7
Recital 7
Amendment 43 #
2013/0188(CNS)
Proposal for a directive
Recital 10
Recital 10
Amendment 46 #
2013/0188(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Directive 2011/16/EU
Article 8 – paragraph 3a – subparagraph 1
Article 8 – paragraph 3a – subparagraph 1
3a. The competent authority of each Member State shall, by automatic exchange, communicate, if available, to the competent authority of any other Member State, information regarding taxable periods as from 1 January 2014 concerning the following items which are paid, secured or held by a financial institution for the direct or indirect benefit of a beneficial owner who is a natural person resident in that other Member State:
Amendment 49 #
2013/0188(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Directive 2011/16/EU
Article 8 – paragraph 3a – point e
Article 8 – paragraph 3a – point e
Amendment 51 #
2013/0188(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Directive 2011/16/EU
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
5. Before 1 July 2017, the Commission shall submit a report that provides an overview and an assessment of the statistics and information received, on issues such as the administrative and other relevant costs and benefits of the automatic exchange of information, as well as practical aspects linked thereto. If appropriate, the Commission shall present a proposal to the Council regarding the categories and the conditions laid down in paragraph 1, including the condition that information concerning residents in other Member States has to be available, or the items referred to in paragraph 3a, or both.
Amendment 53 #
2013/0188(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Directive 2011/16/EU
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 137 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point j
Article 1 – paragraph 2 – point j
Amendment 138 #
2013/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
Amendment 733 #
2013/0140(COD)
Proposal for a regulation
Article 77 – paragraph 1 – point a – point iv
Article 77 – paragraph 1 – point a – point iv
Amendment 755 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
1. The competent authorities shall collect fees in accordance with Article 77 to recover the following costs:costs incurred in relation to the official controls referred to in Article 77(1).
Amendment 756 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point a
Article 78 – paragraph 1 – point a
Amendment 760 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point b
Article 78 – paragraph 1 – point b
Amendment 762 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point c
Article 78 – paragraph 1 – point c
Amendment 764 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point d
Article 78 – paragraph 1 – point d
Amendment 765 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point e
Article 78 – paragraph 1 – point e
Amendment 767 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point f
Article 78 – paragraph 1 – point f
Amendment 770 #
2013/0140(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. If tThe competent authorities collecting fees in accordance with Article 77 also perform other activities, only the fraction of the cost elements referred to in paragraph 1 of this Article which results from the official controls refshall lay down a transparent method for calculating fees, based on a recognised method for determining administrative costs, and a method for charging the costs in accordance with the specificities of the sectors and enterprises concerrned to in Article 77(1) shall be considered for the calculation of th, including the possibility of collecting flat- rate fees.
Amendment 773 #
2013/0140(COD)
Proposal for a regulation
Article 79
Article 79
Amendment 820 #
2013/0140(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. EMember States may decide that enterprises employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be partly or totally exempted from the payment of the fees provided for in Article 77.
Amendment 134 #
2013/0139(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive applies to payment accounts held by consumers. Consequently, accounts held by businesses, even small or micro enterprises, unless held in a personal capacity, are outside its scope. Furthermore, this Directive does not cover savings accounts, which may have more limited payments functions. This directive shall not apply to payment service providers that operate solely as online e-payment accounts providers.
Amendment 219 #
2013/0139(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 223 #
2013/0139(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive also defines a framework for the rules and conditions according to which Member States shall guarantee a right for consumers to open and use payment accounts with basic features in the Unionwithin a Member State.
Amendment 230 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘payment service provider’ means a payment service provider as defined in Article 4(9) of Directive 2007/64/EC; payment service providers that operate solely as online e-payment accounts providers are excluded from the scope of the directive
Amendment 413 #
2013/0139(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with a payment service provider located in the Unionwithin the Member State.
Amendment 430 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within one business daya reasonable time from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 438 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates;
Amendment 446 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
Amendment 489 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 123 #
2013/0137(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Plant reproductive material which is distributed exclusively on the local market and made available on the market only in limited quantities by small producers (“niche market plant reproductive material”) should be exempted from the requirement of belonging to a registered variety. That derogationmade available in the form of an officially recognised simplified description. That is necessary to prevent undue constraints to the making available on the market of plant reproductive material, which is of lesser commercial interest, but is important for the maintenance of genetic diversity. However, it should be ensured that that derogation is not regularly used by a wide range of professional operators and it is only used by professional operators which cannot afford the costs and administrative burden of variety registration. This is important to avoid abuses of that derogation and to ensure the application of the rules of this Regulation. Therefore, niche market material should only be made available on the market by professional operators employing a small number of persons and with a small annual turnover.
Amendment 179 #
2013/0137(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) intended solely for, and maintained and disseminated by, gene banks, organisations and networks of conservation of genetic resources, or persons belonging to those organisations or networks, including in situ/on farm conservation;
Amendment 236 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) ‘professional operator’ means any natural or legal person carrying out, as a profession, at least one of the following activities with regard to plant reproductive material in view to making available on the market:
Amendment 255 #
2013/0137(COD)
Proposal for a regulation
Article 3 – point 6 – point f
Article 3 – point 6 – point f
Amendment 355 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) they represent a significant area of production, larger than 0.1% of the total agricultural area of the European Union;
Amendment 358 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) they represent a significant value of production, larger than 0.1% of the total value of agricultural production of the European Union;
Amendment 361 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 365 #
2013/0137(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 378 #
2013/0137(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Plant reproductive material may only be produced and made available on the market, under one of the following categories:
Amendment 445 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b
Article 14 – paragraph 3 – subparagraph 2 – point b
(b) rules concerning description of the material, including the breeding methods and parental material used, description of the production scheme for the plant reproductive material and availability of standard samples, as well as common characteristics of constant characteristics (at the time of growing or harvest) of the population;
Amendment 449 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point d
Article 14 – paragraph 3 – subparagraph 2 – point d
(d) establishment by the competent national authorities of registers for heterogeneous material, modalities for registration and content of those registers;
Amendment 453 #
2013/0137(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 3
Article 14 – paragraph 3 – subparagraph 3
Those delegated acts shall be adopted by [Office of Publications, please insert date of application of this Regulation…]. They may be adopted per particular genera or specie for all genera or species where a request is made. Heterogeneous populations have to fulfil the following requirements: freely reproducible and bred, selected and multiplied without microbiological methods.
Amendment 467 #
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, or, if it complies with Article 36 (niche market material) or Article 57 (variety with officially recognized description).
Amendment 607 #
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 independent professional operators employing no more than ten persons and whose annual PRM turnover or balance sheet total does not exceed EUR 2 million;
Amendment 623 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b b (new)
Article 36 – paragraph 1 – point b b (new)
(bb) it is freely reproducible;
Amendment 625 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b c (new)
Article 36 – paragraph 1 – point b c (new)
(bc) it is bred, selected and multiplied without microbiological methods;
Amendment 641 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) requirements concerning traceability, lots and labelling of the niche market material concerned including year and place of multiplication as well as the breeding method.
Amendment 645 #
2013/0137(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 810 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b b (new)
Article 57 – paragraph 1 – point b b (new)
(bb) it is reely reproducible,
Amendment 812 #
2013/0137(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point b c (new)
Article 57 – paragraph 1 – point b c (new)
(bc) it is bred, selected or multiplied without microbiological methods.
Amendment 1031 #
2013/0137(COD)
Proposal for a regulation
Article 89 – title
Article 89 – title
Exemptions from the payment of registration fees and reduced payment
Amendment 1038 #
2013/0137(COD)
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Applicants employing fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed EUR 2 million shall be exempted from the paymenpay only a symbolic amount, to be determined by the Member State concerned, in respect of the fees provided for in Article 87 and Article 88.
Amendment 1424 #
2013/0137(COD)
Proposal for a regulation
Annex III – Part A – point n c (new)
Annex III – Part A – point n c (new)
(nc) use (‘MB’) or non-use (‘NMB’) of microbiological methods for breeding, selection or multiplication.
Amendment 119 #
2013/0136(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
Amendment 120 #
2013/0136(COD)
Proposal for a regulation
Recital 57 b (new)
Recital 57 b (new)
(57b) Hunters have knowledge of the diseases affecting large game, as they are now required to do, for example under Regulation (EC) No 853/2004.
Amendment 223 #
2013/0136(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e – point iii
Article 6 – paragraph 1 – point e – point iii
iii) the welfare of affected subpopulations of kept and wild animals;
Amendment 36 #
2013/0117(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) To ensure legal certainty in the transition it should be provided that expenditure undertaken pursuant to Regulation (EC) No 1698/2005 under area and animal related measures and measures for the setting up of young farmers and for investment should be eligible for an EAFRD contribution in the new programming period when there are still payments to be made. In the interest of sound financial management and effective programme implementation, such expenditure should be clearly identified in the rural development programmes and throughout the management and control systems of the Member States. In order to avoid unnecessary complexity in the financial management of rural development programmes in the new programming period, it should be provided that the co-financing rates of the new programming period shall apply to transitional expenditure.
Amendment 46 #
2013/0117(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) By way of derogation from Article 94 of Regulation (EU) No […] [RD], for the measures of Article 3620(a)(i) to (vi) and (b)(iv) and (v)), (iii), (iv) and (v), and Articles 36, 52 and 63 of Regulation (EC) No 1698/2005, Member States may continue to undertake new legal commitments to beneficiaries in 2014 pursuant to the rural development programmes adopted on the basis of Regulation (EC) No 1698/2005 even after the financial resources of the 2007-2013 programming period have been used up, until the adoption of the respective rural development programme for the 2014- 2020 programming period. The expenditure incurred on the basis of these commitments shall be eligible in accordance with Article 3 of this Regulation.
Amendment 56 #
2013/0117(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
(1) By way of derogation from Article 7(1) of Regulation (EU) No […] [RD], expenditure relating to legal commitments to beneficiaries, undertaken under the measures of Article 3620(a)(i) to (v) and (b)(iv) and (v)i) and(b)(i), (iii), (iv) and (v), and Articles 36, 52 and 63 of Regulation (EC) No 1698/2005 and of Article 36(b)(i) and (iii) of that Regulation in relation to the annual premium, shall be eligible for an EAFRD contribution in the 2014-2020 programming period in the following cases:
Amendment 61 #
2013/0117(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) for payments to be made after 31 December 2015 for commitments under Article 36.
Amendment 67 #
2013/0117(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Article 5 – paragraph 1 – point 2
Regulation (EC) No 73/2009
Article 40 – paragraph 2 - subparagraph 1a (new)
Article 40 – paragraph 2 - subparagraph 1a (new)
By way of derogation from paragraphs 1 and 2, Member States may decide to retain the value of payment entitlements as at 31 December 2013.
Amendment 68 #
2013/0045(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The imposition of a tax on financial transactions would significantly reduce the liquidity of financial instruments subject to the tax and thereby increase the cost of funding for companies, pension funds, sovereigns and other economic agents. For a number of Member States currently experiencing difficulties in their financing of public activities and servicing their sovereign debt, the tax on financial transactions would be even more cumbersome.
Amendment 84 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point e
Article 2 – paragraph 1 – point 8 – point e
Amendment 87 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point f
Article 2 – paragraph 1 – point 8 – point f
Amendment 91 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point g
Article 2 – paragraph 1 – point 8 – point g
Amendment 101 #
2013/0045(CNS)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The tax introduced through this directive must not be levied on entities established outside the territory of the participating Member.
Amendment 131 #
2013/0045(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 9 #
2013/0000(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an estimated and scandalous EUR 1 trillion is lost to tax fraud and tax avoidance every year in the EUthe amount of revenue lost to tax fraud every year in the EU is significant, although no precise figure can be put on the sums involved;
Amendment 21 #
2013/0000(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tax fraud and tax evasion constitutes an illegal activity carried out for the purposes of evading tax liabilities, while, on the other hand, illegal tax avoidance is the legal but improper utilisation of the tax regime to reduce or avoid tax liabilities;
Amendment 29 #
2013/0000(INI)
Motion for a resolution
Recital D
Recital D
Amendment 51 #
2013/0000(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission’s Action Plan and its recommendations urgingcalling on MS to take immediate and coordinated action against tax havens and aggressive tax planning;
Amendment 53 #
2013/0000(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UrgesCalls on Member States to follow up on their commitment, embrace the Commission’s Action Plan, and to fully implement the two recommendations, and complete the procedures for all pending legislative proposals regarding issues of tax fraud, tax avoidance and tax havens;
Amendment 73 #
2013/0000(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it of paramount importance thatthat it would be preferable for the Commission to deal with non-EU countries on behalf of the EU withoutinstead of leaving the initiative to MS to individually engage in bilateral agreements;
Amendment 80 #
2013/0000(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Proposes the introduction of requirements for unconditional cooperation with the EU on money laundering, tax fraud and tax avoidance and tax fraud issues for MS seeking financial assistance;
Amendment 85 #
2013/0000(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to preventfrain from granting aid to national, regional and local authorities, non-EU countries and companies that breach EU tax standards from receiving state aid and EU funding of all types;
Amendment 98 #
2013/0000(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to commit to an ambitious but realistic target of halvreducing the tax gap substantially by 2020, since this would gradually generate new tax revenue without raising tax rates;
Amendment 107 #
2013/0000(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that a strong commitment to reducing the tax gap would contribute to the necessary stabilisation of financial markets, help with fiscal consolidation while easing its austerity effects, increase public investment resources, improve the efficiency and fairness of national tax systems, and raise general tax compliance levels;
Amendment 113 #
2013/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. EncouragesCalls on the Commission and the Member States to enhance the use of the European semester by integrating the EU tax gap strategy into the annual national stability and growth programmes and national reform programmes;
Amendment 125 #
2013/0000(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on Member States to agree andBelieves that there are grounds for implementing a compulsory Common Consolidated Corporate Tax Base;
Amendment 130 #
2013/0000(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 141 #
2013/0000(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. EncouragesCalls on the Commission to introduce proposals for a harmonised tackling of tax fraud under criminal law, in particular as regards crossborder and mutual investigations; believes that explicit mention of tax crimes as predicate offences to money laundering should be included in the review of the Third Anti-Money Laundering Directive;
Amendment 143 #
2013/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on Member States to remove all obstacles in national law that hinder cooperation and exchanges of tax information with the EU institutionadministrative cooperation over tax matters, while also ensuring effective protection of taxpayers’ data;
Amendment 151 #
2013/0000(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 165 #
2013/0000(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the need to upgrade and extend the scope of the Savings Directive in order to end banking secrecy; considers it high time that Luxembourg and Austria abandon their opposition to an effective agreement with Switzerlandwhilst ensuring that European citizens continue to enjoy their right to privacy as regards financial matters;
Amendment 177 #
2013/0000(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on Member States to improve the effectiveness ofapply the Code of Conduct for business taxation by raising issues at Council level where political decisions are urgently needed; urges the Commission to intervene actively in cases where the Code of Conduct Group cannot agree on procedures to remove mismatches in national tax systemsmore effectively;
Amendment 182 #
2013/0000(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 191 #
2013/0000(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges Member States toBelieves that there are grounds for swiftly implementing the Commission’s proposal for the introduction of a General Anti-Abuse Rule to counteract aggressive tax planning practices, and includeof a clause in their Double Taxation Conventions to prevent occurrences of double non-taxation;
Amendment 1 #
2012/2323(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recommends that the Commission not misuse delegated acts in order to reopen discussions on political agreements reached under trilogue arrangements;
Amendment 5 #
2012/2308(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 6 #
2012/2308(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 11 #
2012/2308(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 11 #
2012/2308(INI)
Draft opinion
Paragraph A
Paragraph A
A. whereas certain petitions have been deposited requesting that the establishment of the European Parliament in more than one place be discontinuedEuropean Parliament should no longer have three places of work;
Amendment 23 #
2012/2308(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the protocols on the seats of the institutions are governed by mutual respect for the respective powers of the Member States and of Parliament;
Amendment 28 #
2012/2308(INI)
Draft opinion
Paragraph B a (new)
Paragraph B a (new)
Ba. whereas there were historical reasons for the decision to hold part-sessions in Strasbourg, in particular the symbolic significance of that city and the need to have a multi-centre European Union;
Amendment 30 #
2012/2308(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 232 TFEU allowrequires Parliament to adopt its own rules of procedure and to determine the length of plenary sessionby a majority of its Members;
Amendment 31 #
2012/2308(INI)
Draft opinion
Paragraph B b (new)
Paragraph B b (new)
Bb. whereas, under the Treaties, the European Parliament has its seat in Strasbourg where the 12 periods of monthly plenary sessions are held;
Amendment 34 #
2012/2308(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECJ has stated that the location of the seat is not to hinder the well-functioning of Parliament; whereas it has further stated that there are disadvantages and costs engendered by the plurality of working locations, but also that any improvement of the current situation requires a Treaty change and, thus, the consent ofresponsibility for remedying this lies neither with Parliament nor with the Court, but, rather, by exercising their exclusive power to determine the seats of the institutions, with the Member States;
Amendment 36 #
2012/2308(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas on two occasions, in 1997 and 2012, the Court of Justice of the European Union pointed out that the fact that Parliament’s seat is in Strasbourg is determined by the TFEU; whereas it has also confirmed Protocol No 6 in clarifying the conditions for the application thereof; whereas it has fully acknowledged the power of Parliament to determine its own internal organisational arrangements, since Parliament may adopt appropriate measures to ensure its proper functioning and proper conduct of its proceedings, but the question of determining its seat does not come within that remit;
Amendment 37 #
2012/2308(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament has undergone a complete transformation, from a consultative body with 78 seconded members that – mostly for practical reasons – shared its facilities with the Parliamentary Assembly of the Council of Europe in Strasbourg, into a fully fledged, directly elected Parliament with 754 members thatcomprises 754 Members elected by direct universal suffrage and is today co-legislator on equal terms with the Council;
Amendment 37 #
2012/2308(INI)
Draft opinion
Paragraph C
Paragraph C
Amendment 38 #
2012/2308(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Strasbourg has been the meeting place of the Parliamentary Assembly of the Council of Europe since 1949 and then, from 1952, played host to the Parliamentary Assembly of the European Coal and Steel Community;
Amendment 39 #
2012/2308(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 40 #
2012/2308(INI)
Motion for a resolution
Recital F
Recital F
F. whereas this is most clearly illustrated by the growth of its legislative capacity, as reflec is illustrated inby the increase in the number of co-decision procedures (now ordinary legislative procedures) from 165 in 1993- 1999 to 454 in 2004-2009, to an even greater number in the current legislature;
Amendment 42 #
2012/2308(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the increase in legislative activity and responsibility is reflected in the fact that the number of statutory staff in Brussels increased by 377 % (from 1 180 to 5 635 staff members) from 1993 to 2013, by far exceeding the 48 % increase in the number of MEPs in the same periodincrease in staff at Parliament’s three places of work;
Amendment 43 #
2012/2308(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the structure of Parliament’s calendar (fixed during the Edinburgh Summit in 1992) predates all changes to its rolehas not been called into question, since it was confirmed in Protocol No 6 annexed to the Treaty of Lisbon, and the increase in Parliament’s powers arising from the adoption of the Treaties of Maastricht, Amsterdam, Nice and Lisbon has therefore been taken into account;
Amendment 46 #
2012/2308(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas all the countries which have joined the European Union have ratified Protocol No 6;
Amendment 47 #
2012/2308(INI)
Motion for a resolution
Recital K
Recital K
Amendment 47 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas two judgments given by the Court of Justice of the European Union in 1997 and 2012 recalled that the TFEU locates the seat of the European Parliament in Strasbourg and whereas the conditions for the application of Protocol No 6 have been clarified;
Amendment 49 #
2012/2308(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the fact of geographical distance between the official seats of the co- legislative bodies – 435 km – isolates Parliament not only fromreflects the multi- centre principle with regard to the seats of the European institutions and, during part-sessions, the attention of the Council and the Commission, but also ofrom other stakeholders, such as NGOs, civil society organisations and Member State representations, and ofrom one of the world’s largest international journalistic communities, is fully focused on the work of Parliament;
Amendment 51 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
Amendment 52 #
2012/2308(INI)
Draft opinion
Paragraph C b (new)
Paragraph C b (new)
Cb. whereas all the countries which have joined the European Union have ratified Protocol No 6;
Amendment 55 #
2012/2308(INI)
Draft opinion
Paragraph C c (new)
Paragraph C c (new)
Cc. whereas Strasbourg has been the meeting place of the Parliamentary Assembly of the Council of Europe since 1949 and then, from 1952, played host to the Parliamentary Assembly of the European Coal and Steel Community;
Amendment 57 #
2012/2308(INI)
Draft opinion
Paragraph C d (new)
Paragraph C d (new)
Cd. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 59 #
2012/2308(INI)
Motion for a resolution
Recital M – footnote 5
Recital M – footnote 5
Amendment 61 #
2012/2308(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the decision by the Committee on Constitutional Affairs to draw up a report on the location of the seats of the European Union’s institutions, while stressing that only the Council, acting unanimously, decides on the matter;
Amendment 64 #
2012/2308(INI)
Motion for a resolution
Recital N
Recital N
Amendment 68 #
2012/2308(INI)
Motion for a resolution
Recital O
Recital O
Amendment 68 #
2012/2308(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the decision by the Committee on Constitutional Affairs to draw up a report on the location of the seats of the European Union’s institutions;
Amendment 72 #
2012/2308(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Parliament, since its suggestion in 1958 to be sited in proximity to the Council and the Commission, has via numerous reports, declarations and statements alwaysoften expressed its wish for a more practical and efficient working arrangement;
Amendment 74 #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 81 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees withNotes that much debate surrounds the principle that the European Parliament would be more effective, cost-efficient and respectful of the environment if it were located in a single place; and notes that the continuation of the monthly migration between Brussels and Strasbourg has become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputation;
Amendment 86 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 86 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the principle that the European Parliament would be more effective, cost-efficient and respectful of the environment if it were located in a singlTakes note of the petitions submitted requesting that the European Parliament no longer meet in more than one place;, and notes that the continuation of the monthly migration between Brussels and Strasbourg has become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputationof the arguments put forward in that respect;
Amendment 94 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Respects the historical reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the system of a single seat and three places of work;
Amendment 95 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises that European integration necessarily entails mobility and that this applies to all national and European political representatives and officials, and that mobility is an intrinsic aspect of the work of MEPs, as representatives of the citizens of the European Union;
Amendment 96 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Considers that decentralisation of the legislative authority away from Brussels strengthens its independence;
Amendment 97 #
2012/2308(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers that the choice of the EU institutions’ seats has always been guided by a desire to bring the Union as close to ordinary people as possible and not to concentrate it in one place;
Amendment 101 #
2012/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 106 #
2012/2308(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the Committee’s report was prepared under the ordinary own-initiative procedure and there is thus no obligation to implement the proposals, and further that the matter of the EU institutions’ seats is governed directly by the Treaties and is therefore subject to the political will of the Member States acting unanimously;
Amendment 107 #
2012/2308(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls that the Court of Justice of the EU has held that Parliament, during the proceedings before the Court, did not adduce reasons based on the exercise of its power of internal organisation sufficient to show – despite the continuous increase in its powers – that it had the power to alter the timetable of part-sessions; stresses, therefore, that the European Parliament likewise does not now have the power to decide where its seat should be;
Amendment 111 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Respects the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat system; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to stateestablishing Strasbourg as the seat of the European Parliament and Brussels and Luxembourg as preference for its futurelaces of work;
Amendment 118 #
2012/2308(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that this own-initiative report must not be used as a means of disregarding the EU Treaties, which provide that the seat of the European Parliament shall be in Strasbourg and that 12 part-sessions per year shall be held there;
Amendment 120 #
2012/2308(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Observes that, if a debate were initiated concerning the seat of the European Parliament, it would inevitably lead to discussion of the distribution of all the seats of the European Institutions, which is laid down in the Treaty;
Amendment 123 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Respects the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat system; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to state a preference for its futureNotes that travel is an inherent part of the duties of Members of the European Parliament, and that the continuation of the monthly journeys between Brussels and Strasbourg is not a significant factor in terms of the European Parliament’s reputation among EU citizens;
Amendment 125 #
2012/2308(INI)
Draft opinion
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Points out, too, that Parliament’s Strasbourg seat, which achieved a 57% reduction in CO2 emissions between 2006 and 2010, is leading the way on respect for the environment and that, as data compiled by Parliament’s Secretariat shows, its detractors have substantially overestimated its annual costs;
Amendment 142 #
2012/2308(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 152 #
2012/2308(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for Parliament to express its view as to whetherEmphasises that only the cEurrent arrangement should continue; and if an appropriate majority vote is recorded, recommends that Parliament propose Treaty changes under Article 48opean Council has a remit to determine Parliament’s seat; sees the location of Parliament’s seat as part of the broader question of determining the seats of all the EU institutions.
Amendment 37 #
2012/2151(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the report of the Presidents of the European Council, the European Commission, the European Central Bank and the Eurogroup 'Towards a genuine Economic and Monetary Union' is to be welcomed as a vision for the Monetary Union; points out that any further integration needs a solid and reliable fundament consisting of a sound and efficient framework for resolution and recovery of financial institutions, a sound and efficient deposit guarantee framework and sound capital requirements without which no overarching structure such as a "genuine EMU" will be able to exist; calls therefore to wait with the building up of any such structure as long as these three proposals are not yet adopted.
Amendment 262 #
2012/2151(INI)
Motion for a resolution
Recital AQ a (new)
Recital AQ a (new)
AQa. whereas the single supervisory mechanism is an opportunity to transcend the longstanding home/host issue, under the condition that the transfer of responsibilities and powers to the European supervisory mechanism and any delegation of tasks back to national authorities is symmetric;
Amendment 646 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 6 a (new)
Annex – part 1 – point 1.1 – paragraph 6 a (new)
The delegation of responsibilities and tasks from the home as well as from the host supervisor to the European supervisor and any delegation of tasks back to national supervisors should be done symmetrically. The European supervisor should be independent from national political interest and it should make prevail the European interest over the national one through a Union mandate and adequate governance.
Amendment 27 #
2012/2150(INI)
Draft opinion
Section 1 – paragraph 5
Section 1 – paragraph 5
5. Stresses that women should be encouraged and better trainedto diversify their professional choice in order to enter sectors with the highest employment potential, such as sectors within the low- carbon, resource- efficient economy («green jobs») or the digital economy; stresses that in the health and social sectors («white jobs»), which employ many women, jobs should receive better recognition in terms of types of contracts and salaries;
Amendment 30 #
2012/2150(INI)
Draft opinion
Section 1 – paragraph 6
Section 1 – paragraph 6
6. Notes that the access of women to higher-qualified employment should also be facilitapromoted in order to narrow the productivity gap of the EU and hence increase the EU competitiveness on global markets.
Amendment 45 #
2012/2137(INI)
Motion for a resolution
Recital F
Recital F
F. wWhereas the EU adheres to theits One China Policy in the Cross Straits Relations between the PRC and Taiwan;.
Amendment 118 #
2012/2137(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas the rising tensions over the disputed islands and overlapping and conflicting claims exist in the East Asia's maritime areas;
Amendment 189 #
2012/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 268 #
Amendment 270 #
2012/2137(INI)
Motion for a resolution
Paragraph 12 h (new)
Paragraph 12 h (new)
(h) Welcomes the increasing contacts between the PRC and Taiwan; stresses that the improvement in Cross-Strait relations is still seriously undermined by PRC's missiles aimed at Taiwan and China's international isolation of Taiwan; calls on China and the EU to respect Taiwan's right to meaningful participation in international organisations, as endorsed by the Council's declaration 9486/09 of 8 May 2009;
Amendment 298 #
2012/2137(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
(d) Due to the European Union's significant interests in the security and stability of East Asia, calls upon all parties concerned (China, Japan and Taiwan) to demonstrate restraint and to take steps to calm the situation; urges all parties concerned to settle disputes peacefully in a spirit of cooperation and in respect of international law, in particular the UN Convention on the Law of the Sea;
Amendment 2 #
2012/2131(INI)
Draft opinion
Recital A
Recital A
A. whereas migrant women play an importantnteresting role in the development of both sending and receiving countries’ economies and labour markets;
Amendment 5 #
2012/2131(INI)
Draft opinion
Recital B
Recital B
B. whereas, like all citizens of the European Union, migrant women are, at major risk of discrimination, lacking accesss employees or self-employed, entitled to social servicescurity and legal protection and being subject to physical, psychological, economic and sexual abuse;
Amendment 16 #
2012/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to develop gender-sensitive policies that will protect the human rights of migrensure that legal migrants – both men antd women, provide equal opportunities – enjoy equal treatment in the field of employment and access to the labour market, and combat and prevent the trafficking and sexual exploitation of women;
Amendment 22 #
2012/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to develop and implement measures to promote the smooth and equitable integration of migrant women, including acquisition of legal status, recognition of qualifications and educational levels, access to healthcare, education, training and social security benefits and protection under labour legislation, and to involve trade unions, NGOs and civil society in the developments, without any discrimination based on gender, and to ensure the recognition of qualifications and educational levels obtained in third countries and access to education and training in the host country, whilst involving the social partners and competent NGOs in the implementation of such measures;
Amendment 33 #
2012/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 44 #
2012/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to develop efficient systems for the recognition of qualifications obtained in third countries, to make training opportunities available for those lacking skillinsufficiently qualified persons, and to ensurprovide access for migrant women in particular to vocational and lifelong training, as well as free language courses;
Amendment 52 #
2012/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to ensurpromote the protection of migrant women against all forms of abuse, harassment and discrimination.;
Amendment 83 #
2012/2031(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses concern that there is a risk that the data from the Member States contained in the Report, without any possibility of verification owing to the increase in the number of journeys, may not fully reflect the actual state of affairs with regard to the transport of animals because of the differing methods and control mechanisms used in individual Member States and therefore recommends introducing a monitoring system based on a risk analysis;
Amendment 164 #
2012/2031(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists on a reconsideration of the issue of limiting the transport time of animals destined for slaughter and fattening to eight hours, with some exceptions based on geographic conditions, and the option of longer transport of some animal species confirmed by scientific research results, provided that the rules on animal welfare are complied with;
Amendment 207 #
2012/2031(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that in its report the Commission used the scientific research presented by the EFSA, which highlights the need to significantly reduce the length of transport time for horses to the abattoir, which correlates with the suggestions advanced in Parliament’s Written Declaration of 25 February 2010; notes however that sports horses and/or breeding horses are generally transported under entirely satisfactory conditions due to their high value;
Amendment 214 #
2012/2031(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that in view of the EFSA test results the transport time of horses to the abattoir should be greatly reduced, and that with regard to other farm animals, the requirement for such a reduction should be carefully considered;
Amendment 237 #
2012/2031(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the information on the introduction of a navigation system for monitoring the transport of animals, but is disappointed that this system is being used only to a limited extent in Member States for the purposes of monitoring the transport of animals; notes that technical means such as GPS exist and are widespread; is of the opinion that this monitoring system should be obligatory for certain types of transport; centralised monitoring of this system at Community level would make it possible to check transport conditions such as length of transport time, compliance with resting periods, etc.
Amendment 123 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that any significant progress towards debt mutualisation implies closer prior scrutiny into Member States’ budgetary policies, involving in particular a right to be conferred on the EU, and exercised either by the Council or by the Commission, allowing it to veto the draft budget of any Member State failing to fulfil its obligations and commitments;
Amendment 34 #
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 40 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 45 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 54 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 57 #
2012/0366(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 66 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 67 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 78 #
2012/0366(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) This Directive should not lead to a deterioration in the living conditions of people whose livelihoods depend on tobacco growing in Europe and who often live in disadvantaged areas. Given that the aim of the Directive is solely to discourage consumption of tobacco products, any decisions concerning ingredients and additives should take due account of the possible socioeconomic repercussions for groups whose livelihoods depend on tobacco growing. The European tobacco growing sector should be protected because it accounts for only a very small proportion of consumption in the EU and, at the same time, contributes to the economic stability of certain European regions where the range of alternative crops is limited. A decrease in or an end to tobacco growing in the EU would have no impact on consumption levels, but would lead to an increase in imports from third countries and a reduction in quality standards.
Amendment 87 #
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 118 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22may submit proposals to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.
Amendment 125 #
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 22may put forward proposals 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 128 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the methods of measurement of the tar, nicotine and carbon monoxide yieldsmay submit proposals to adapt the maximum yields referred to in paragraph 1, taking into account scientific and technical developments and internationally agreed standards.
Amendment 137 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shallmay prohibit the placing on the market of tobacco products with a characterising flavour.
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products with a characterising flavourdditives that create or release a flavour which is not predominantly that of tobacco, in accordance with the provisions of paragraph 2.
Amendment 141 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of sugar and other additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Amendment 142 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Amendment 150 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Commission shall at the request of a Member State or may on its own initiative determine by means of implementingdelegated acts whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 151 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1, on the basis of scientific evidence. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21. An independent panel shall be used to assist in the decision making.
Amendment 153 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 156 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 172 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 192 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 22make proposals:
Amendment 196 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 220 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22make proposals to:
Amendment 247 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 255 #
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 258 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 267 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 275 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 326 #
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(92), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(410(5), 11(3), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive]. .
Amendment 332 #
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(410), 10(5), 11(3), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 338 #
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(410), 10(5), 11(3), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 346 #
2012/0366(COD)
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c a (new)
Article 23 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the potential impact on European tobacco growing of the Directive.
Amendment 21 #
2012/0299(COD)
Draft legislative resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Council Recommendation 84/635 of December 1984,
Amendment 24 #
2012/0299(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL con improving the gender balance among non-executive directorscerning minimum requirements on positive action to ensure more balanced representation of cwompanies listed on stock exchen and men within compangies and related measuret all levels (Text with EEA relevance)
Amendment 26 #
2012/0299(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In recent years the European Commission has presented several reports taking stock of the situation concerning gender diversity in economic decision- making. The Commission has encouraged publicly listed companies in the European Union to increase the number of women on their boards by self-regulatory measures and to make concrete voluntary commitments in that regard. In its Women's Charter of 5 March 2010, the European Commission underlined that women still do not have full access to the sharing of power and decision-making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility. Improving the gender balance in decision- making was defined by the Commission's strategy for equality between women and men 2010- 2015 as one of its priority tasks.
Amendment 28 #
2012/0299(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the European Pact for Gender Equality 2011-2020, which was adopted on 7 March 2011, the Council acknowledged that gender equality policies are vital to economic growth, prosperity and competitiveness, reaffirmed its commitment to close the gender gaps with a view to meeting the objectives of the Europe 2020 Strategy, especially in three areas of great relevance to gender equality, namely employment, education and social inclusion, and urged action to promote the equal participation of women and men in decision-making at all levels and in all fields, in order to make full use of all available talent.
Amendment 38 #
2012/0299(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The efficient use of human capital is the mostan important determinant of an economy's competitiveness and is key to addressing the EU's demographic challenges, to competinge successfully in a globalised economy and to ensuringe a comparative advantage vis-à- vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 per cent of current university graduates are female. A continued failure toBy drawing on this pool in future appointments to economic decision-making positions would amount to a failure to fully exploit skilled humanat all levels would contribute to better exploitation of capital.
Amendment 44 #
2012/0299(COD)
Proposal for a directive
Recital 8
Recital 8
(8) At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mind-set incorporating a wider range of perspectives and therefore reaching more balanced decisions. Numerous studies have also shown that there isStudies have shown that there can be a positive relationship between gender diversity at top managementall levels and a company's financial performance and profitability. Enhancing female representatMeasures to encourage career progression onfor the boards of publicly listed companies in the Unionunderrepresented sex can therefore have a positive impact on the performance of companies concerned.
Amendment 49 #
2012/0299(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 53 #
2012/0299(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of woat a more balanced participation of women and men in economic decision-making and Union- level actions encouraging self-regulation, women continue to be strongly outnumbered by men in the highest decision-making bodies of companies throughout the Union. In the private sector and especially in listed companies this gender imbalance is particularlystill significant and acute. The Commission's key indicator of gender representation on corporate boards shows that the proportion of women involved in top-level business decision-making remains very low. In January 2012, women occupied on average just 13.7 per cent of board seats in the largest publicly listed companies in Member States. Among non-executive directors only 15 per cent were womenin the private sector.
Amendment 57 #
2012/0299(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The proportion of women on company boards for example is progressing very slowly, with an average annual increase of just 0.6 percentage points during the past years. The rate of improvement has differed in individual Member States and has led to highly divergent results. Much more significant progress was noted in the Member States where binding measures have been introduced. Growing discrepancies between Member States are likely to increase given the very different approaches pursued by individual Member States to increase the representation of females on boards that are being pursued by individual Member States.
Amendment 60 #
2012/0299(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The scattered and divergent regulation or the absence of regulation at national level as regards the gender balance oin boards of listed companies does not only lead to discrepancies in the number of women among non-executive directors and different rates of improvement across Member States, but also posescompanies can pose barriers to the internal market by imposing divergent corporate governance requirements on European listed companies. Those differences in legal and self-regulatory requirements for the composition of corporate boards cancan also lead to practical complications for listed companies operating across borders, notably when establishing subsidiaries or in mergers and acquisitions, as well as for candidates for board positions. An EU-level measure could help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 63 #
2012/0299(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 66 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 70 #
2012/0299(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth29 ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 per cent for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality and a reinforced effort to tackle all barriers to women's participation in the labour market. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent. Enhancing female participation in economic decision- making, on company boards in particular, is expected to have a positive spill-over effect on female employment in the companies concerned and throughout the whole economy.
Amendment 75 #
2012/0299(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Union should therefore aim to increase the presence of women ogender balance in company boardies, in order both to boost economic growth and the competitiveness of European companies and to achieve effective gender equality on the labour market. This aim should be pursued through minimum requirements on positive action in the form of binding measures aiming at attaining a quantitative objective for the gender composition of boards of listed companies, in the view of the fact that Member States and other countries which have chosen this or a similar method have achieved the best results in reducing the under-representation of women in economic decision-making positionaiming at promoting gender balance at all levels.
Amendment 78 #
2012/0299(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 84 #
2012/0299(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directiveese requirements should not apply to family businesses, micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises, even if they are listed companies.
Amendment 86 #
2012/0299(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 87 #
2012/0299(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 91 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 97 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 104 #
2012/0299(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 109 #
2012/0299(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 111 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 115 #
2012/0299(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 121 #
2012/0299(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directiveese minimum requirements on positive action aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed cCompanies should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex . These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information, upon request, to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case- law of the Court of Justice.
Amendment 124 #
2012/0299(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Where an unsuccessful candidate of the under-represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex, the listed company should be required to demonstrate the correctness of the choice.
Amendment 131 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dispersuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1)incentives for these requirements, which could include, inter alia, award schemes for companies with outstanding results.
Amendment 143 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Since the gender composition of the workforce has a direct impact on the availability of candidates of the under- represented sex, Member States may provide that where the members of the under-represented sex make up less than 120 per cent of the workforce the company concerned should not be required to meet the objective laid down in this Directivese requirements need not be applied by the companies concerned.
Amendment 146 #
2012/0299(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 150 #
2012/0299(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 154 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 158 #
2012/0299(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 161 #
2012/0299(COD)
Proposal for a directive
Recital 37
Recital 37
(37) While some Member States have taken regulatory action or encouraged self- regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a in more gender balanced gender representation among non- executive board members across the Union in line with the objectives set out in this Directive will not be achieved by Member States acting individually at any point in the foreseeable future. In the light of those circumstanceswithin companies at all levels. As these aims will not be achieved by Member States acting individually and given the growing discrepancies between Member States in terms of the representation of women and men owithin company boardies, the gender balance on corporate boards across the Union can only bebe more effectively improved through a common approach, and the potential for gender equality, competitiveness and growth can be better achieved through coordinated action at Union level rather than through national initiatives of varying scope, ambition and effectiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effect of action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
Amendment 163 #
2012/0299(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States are given sufficient freedom to determine how the objectives laid down in this Directive should best be achieved taking national circumstances into account, in particular rules and practices concerning recruitment for board posiand promotions. This Directive does not interfere with the possibility for companies to appoint the most qualified board memberscandidate, and it grants a sufficiently long period of adaptation for all listed companies.
Amendment 165 #
2012/0299(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. The Directive is due to expire on 31 December 2028. The Commission should assess, in its review, if there is a need to extend the duration of the Directive beyond that periodorder to achieve the aims of this directive, Member States should cooperate with social partners and the management oft the company with the elected representatives of the employees. The Commission should regularly review the application of this Directive and report to the European Parliament and the Council.
Amendment 168 #
2012/0299(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down measuresinimum requirements on positive action to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangementwithin companies at all levels.
Amendment 171 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 172 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 177 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 178 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 179 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 180 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 181 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 182 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 183 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 187 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 188 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – indent 1
Article 2 – paragraph 1 – point 9 – indent 1
Amendment 189 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – indent 2
Article 2 – paragraph 1 – point 9 – indent 2
Amendment 190 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – indent 3
Article 2 – paragraph 1 – point 9 – indent 3
Amendment 193 #
2012/0299(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
'Small and medium-sized enterprise' or 'SME' means a company which employs less than 250 persons and has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which is incorporated in a Member State whose currency is not the euro, the equivalent amounts in the currency of that Member State.
Amendment 199 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members ofwhere the ugender-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest balance needs to be improved, apply the following minimum requirements for positive action by 1 January 202015 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 207 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 214 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executive directorcandidates, priority shall be given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex.
Amendment 220 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate, the qualification criteria upon which the selection was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex.
Amendment 224 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure that where an unsuccessful candidate of the under- represented sex establishes facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex, it shall be for the listed company to prove that there has been no breach of the rule laid down in paragraph 3.
Amendment 235 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States may provide that listed companies where the members of the under-represented sex represent less than 120 per cent of the workforce are not subject to the objective laid down in paragraph 1.
Amendment 238 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 243 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 246 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 252 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 258 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)35 are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listedin companies.
Amendment 265 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are appliedfor effective, proportionate and persuasive incentives for these requirements on positive action which include, inter alia, award schemes for companies with outstanding results.
Amendment 269 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 291 #
2012/0299(COD)
Proposal for a directive
Article 7
Article 7
Amendment 295 #
2012/0299(COD)
Proposal for a directive
Article 8
Article 8
Amendment 301 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall communicate to the Commission by 1 January 20178 at the latest and every two years thereafter a report on the implementation of this Directive. These reports shall include, amongst others, comprehensive information about the measures taken with a view to attaining the objectives laid down in Article 4(1), information provided in accordance with Article 5(2) and information about individual commitments taken by listed companies pursuant to Article 5(1).
Amendment 305 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 309 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 313 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 December 2021 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 314 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 317 #
2012/0299(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 3 #
2012/0298(APP)
-H. whereas Parliament, in its position of 23 May 2012, highlighted the importance of FTT being implemented at Union level and stressed that the Union should take a lead in efforts to reach an agreement on FTT at a global level,
Amendment 5 #
2012/0298(APP)
Proposal for a recommendation
Recital H
Recital H
H. whereas Parliament, in its position of 23 May 2012, stated that the model for FTT proposed by the Commission would be a suitable basis for implementation within a group of Member States should they choose to move faster by means of enhanced cooperation and that, taking into account that FTT will achieve its objectives if it is introduced at a global level, the Union should lead efforts to reach agreement on FTT at a global level,
Amendment 8 #
2012/0298(APP)
Proposal for a recommendation
Recital -I (new)
Recital -I (new)
-I. whereas Parliament, in its position of 23 May 2012, requested that the Commission conduct regular reviews on the application of FTT in order to reassess at least its impact on the proper functioning of the internal market, the financial markets and the real economy,
Amendment 11 #
2012/0298(APP)
Proposal for a recommendation
Recital L
Recital L
L. whereas enhanced cooperation will respect the rights, competences and obligations of the non-participating Member States, inasmuch as the possibility of raising harmonised FTT on the territories of the participating Member States does not affect the availability affects neither the ability of non- participating Member States to maintain or introduce similar taxation at a national level nor the conditions ofor raising FTTsuch taxes on their territories of non-participating Member States,
Amendment 14 #
2012/0298(APP)
Proposal for a recommendation
Recital -N (new)
Recital -N (new)
-N. whereas existing Union law, in particular the Council Directive 2008/7/EC, must be complied with,
Amendment 17 #
2012/0298(APP)
Proposal for a recommendation
Recital O a (new)
Recital O a (new)
Oa. whereas before the Commission presents its new proposal to introduce FTT it should further investigate, in an impact assessment, two crucial points: the effects on the internal market and its direct and indirect effects on non- participating Member States,
Amendment 568 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The ECB shall organise the practical modalities of implementation of paragraph 2 by the national supervisory authorities in discharging its tasks. ItThe ECB shall clearly define the framework and conditions under which national competent authorities shall carry out those activities, whereby the national competent authorities of all participating Member States shall be treated on an equal footing. The ECB shall also ensure that any delegation of supervisory power preserves the balance of powers between home and host national authorities reflected in the Regulation (EU) No ..../2012 and in the Directive …/…./EU of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms.
Amendment 278 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The title ‘Key Information Dcontent of the key investor disclosure document’ shall appear prominently at the top of the first page of the key information document. An explanatory statement shall appear directly underneath the title. It shall read:be presented in the order as set out in the following paragraphs.
Amendment 287 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The key information document shall contain the following information: (a) under a section at the beginning of the document, the name of the investment product and identity of the investment product manufacturer; (b) under a section titled "What is this investment?", the nature and main features of the investment product, including (i) the type of the investment product; (ii) its objectives and the means for achieving them; (iii) an indication of whether the investment product manufacturer targets specific environmental, social or governance outcomes, either in respect of his conduct of business or in respect of the investment product, and if so, an indication of the outcomes being sought and how these are to be achieved; (iv) where the investment product offers insurance benefits, details of these insurance benefits; (v) the term of the investment product, if known; (vi) performance scenarios, if this is relevant having regard to the nature of the product; (c) under a section titled "Could I lose money?", a brief indication of whether loss of capital is possible, including (i) any guarantees or capital protection provided, as well as any limitations to these; (ii) whether the investment product is covered by a compensation or guarantee scheme; (d) under a section titled "What is it for?" an indication of the recommended minimum holding period and the expected liquidity profile of the product including the possibility and conditions for any disinvestments before maturity, having regard to the risk and reward profile of the investment product and the market evolution it targets; (e) under a section titled "What are the risks and what might I get back?", the risk and reward profile of the investment product, including a summary indicator of this profile and warnings in relation to any specific risks that may not be fully reflected in the summary indicator; (f) under a section titled "What are the costs?", the costs associated with an investment in the investment product, comprising both direct and indirect costs to be borne by the investor, including summary indicators of these costs; (g) under a section titled "How has it done in the past?", the past performance of the investment product, if this is relevant having regard to the nature of the product and the length of its track record; (h) for pension products, under a section titled "What might I get when I retire?", projections of possible future outcomes.title "Key investor disclosure" shall appear prominently at the top of the first page of the document. (a) An explanatory statement shall appear directly underneath the title. It shall read: 'This document provides you with Key investor disclosure about this product. It is not marketing material. The information is required by law to help you understand the nature and the risks of investing in this product. You are advised to read it so you can make an informed decision about whether to invest'. (b) The identification of the product, including where relevant the share class or investment compartment thereof, shall be stated prominently. The complete denomination of the product be prominently presented. Where a code number identifying the product exists it shall be part of the denomination (c) The name of the asset manager responsible for the management of the product shall be stated. (d) In addition, in cases where the management company forms part of a group of companies for legal, administrative or marketing purposes, the name of that group may be stated. Corporate branding may be included provided it does not hinder an investor in understanding the key elements of the investment or diminish his ability to compare investment products. (e) A section of the Key investor disclosure document shall contain a description of 'Objectives and investment policy' at a minimum the information shall cover where relevant: (i) the type of the investment product; (ii) its objectives and the means for achieving them; (iii) an indication of whether the investment product manufacturer targets specific environmental, social or governance outcomes, either in respect of his conduct of business or in respect of the investment product, and if so, an indication of the outcomes being sought and how these are to be achieved; (iv) where the investment product offers insurance benefits, details of these insurance benefits; (v) the term of the investment product, if known; (vi) performance scenarios, if this is relevant having regard to the nature of the product; (f) A section of the Key investor disclosure document shall contain 'Risk and reward profile' the content of which shall be determined by ESMA in a regulatory technical standard. This section shall where relevant address the following items: (i) any guarantees or capital protection provided, as well as any limitations to these; (ii) whether the investment product is covered by a compensation or guarantee scheme; (g) A section of the Key investor disclosure document shall discloses 'Charges' where fees, commission to paid are disclosed to the client, ESMA shall develop regulatory technical standards whereas the content and design of the relevant information. (h) A section of the Key investor disclosure document shall disclose 'Past performance' of the products where it is created for at least 12 months, ESMA shall develop regulatory technical standards whereas the content, required minimum historical performance and design. (i) A section of the Key investor disclosure document shall discloses 'Practical information' ESMA shall develop regulatory technical standards whereas the content and scope of the required information. (j) Authorisation details shall consist of the following statement: 'This product is authorised in [name of Member State] and regulated by [identity of competent authority]' where it applies. (k) Information on publication shall consist of the following statement: 'This Key investor disclosure is accurate as at [the date of publication]
Amendment 288 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 300 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 304 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point i
Article 8 – paragraph 2 – point b – point i
Amendment 308 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point ii
Article 8 – paragraph 2 – point b – point ii
Amendment 313 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point iii
Article 8 – paragraph 2 – point b – point iii
Amendment 324 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point iv
Article 8 – paragraph 2 – point b – point iv
Amendment 330 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point v
Article 8 – paragraph 2 – point b – point v
Amendment 334 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point vi
Article 8 – paragraph 2 – point b – point vi
Amendment 344 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 353 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point i
Article 8 – paragraph 2 – point c – point i
Amendment 358 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – point ii
Article 8 – paragraph 2 – point c – point ii
Amendment 368 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 374 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 389 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
Amendment 401 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
Amendment 429 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 437 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 442 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 453 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 454 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 455 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
Amendment 457 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
Amendment 460 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 464 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 3
Article 8 – paragraph 6 – subparagraph 3
Amendment 571 #
2012/0169(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Investment product manufacturers and persons selling investment products shall communicate the key information document of the investment product to the competent authority of the Member States where the investment product is marketed, distributed or sold. The competent authority shall ensure that investment firms establish the necessary procedural steps to ensure compliance of the content laid down in the key information document with the provisions of the chapter II of this Regulation prior to the marketing distribution or sale of the investment product.
Amendment 349 #
2012/0150(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Decisions taken by the resolution authorities and by the EBA throughout this Directive shall preserve the financial stability, and minimize adverse economic and social effects, in the Member Sates where a cross-border banking group operates.
Amendment 1526 #
2012/0150(COD)
Proposal for a directive
Article 95 – paragraph 1
Article 95 – paragraph 1
1. Where the available financial means are not sufficient to cover the losses, costs or other expenses incurred by the use of the financing arrangements, Member States shall ensure that extraordinary ex post contributions are raised from the institutions authorised in their territory, in order to cover the additional amounts. These extraordinary contributions shall be allocated between institutions in accordance with the rules set out in Article 94(2). However, such contributions shall not exceed an annual affordability threshold for contributions set by the financing arrangement.
Amendment 331 #
2012/0029(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. An authorised CSD shall not be overexposed to any risks related to the provision of banking type of ancillary services by the credit institution designated to provide such services in accordance with Title IV.
Amendment 334 #
2012/0029(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 527 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. A CSD shall notwhich wishes to provide itself any banking type of ancillary services set out in Section C of the Annex shall be required to obtain additional authorisation as a credit institution, in accordance with Directive 20XX/XX/EC (CRD IV), from the competent authority of the Member State where it is established before commencing its activities.
Amendment 534 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 554 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 570 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The authorisation referred to in paragraph 31 shall cover the ancillary services set out in Section C of the Annex that the designatedCSD licensed as a credit institution or a CSD that has been granted a derogation under paragraph 2 of this Article may want to provide for its participants. under paragraph 1 of this Article may want to provide for its participants. The CSD credit institution shall only be authorised to provide the services listed in Annex 1 of Directive 20XX/XX/CE (CRD IV) points 1, 2, 4, 6, 7b and 7e. It shall not be authorised to provide any of the services listed in points 3, 5, 7 (except for 7b and 7e) and points 8 to 15, unless otherwise specified in section C of the Annex.
Amendment 578 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Whenever the CSD and the designated credit institution belongs to a group of undertakings ultimately controlled by the same parent undertaking, the authorisation as provided in Title II of Directive 2006/48/EC of such designated credit institution shall be limited exclusively to the provision of the banking type of ancillary services that it is authorised to provide in accordance with paragraph 3 of this Article. The same requirement applies in respect of a CSD that has been granted a derogation under paragraph 21 of this Article.
Amendment 668 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – point 1
Annex 1 – section C – point 1
1. The CSD credit institution shall only provide the services listed in Annex 1 of Directive 20XX/XX/CE (CRD IV), points 1, 2, 4, 6, 7b and 7e, such as: Banking type of services for the participants to a securities settlement system related to the settlement service, such as (a) Providing cash accounts; (b) Aaccepting cash deposits; (c) Providing cash creditin accordance with Annex 1 (CRD IV) section 1); (db) Llending securities. and cash (in accordance with Annex 1 (CRD IV) section 2) 2. Banking type of services related to the other core or ancillary services listed in Sections A and B, such as: (a) Providing cash accounts for settlement and accepting cash deposits from the holders of securities accounts; (b) Lending securities to the holders of securities accounts; (in accordance with Annex 1( CRD IV) section 4 and section 7b); (b) Lending securities to the holders of securities accounts (in accordance with Annex 1 (CRD IV) section 6 and section 7e); (c) Banking type of services facilitating the processing of corporate actions, such as: i) Pre-financing income and redemption proceeds; ii) Pre-financing tax reclaims (in accordance with Annex 1 (CRD IV) section 2).
Amendment 13 #
2011/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the new EU biodiversity strategy and notes the Commission recommendations for CAP reform, including clearly formulated measures under both the first and second pillars seeking to conserve and improve biodiversity; stresses in this connection the particular role played by farming, which has already made a great contribution to preserving the diversity of species and biotopes and will also make a crucial contribution to the success of the European biodiversity strategy;
Amendment 19 #
2011/2307(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is convinced that the so-called 'greening' of the CAP should be implemented efficiently and unbureaucratically, without leading to discrimination against existing agri- environmental measures; calls, with regard to the necessary reduction in the administrative burden, for, inter alia, all CAP payments to continue to be underpinned by robust cross-compliance rules after 2014, which should be both transparent and as easy as possible to implement and monitor;
Amendment 26 #
2011/2307(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that only functioning, sustainable, broad-based and productive agriculture is in a position to provide the additional services demanded by society in the form of public assets; is therefore in favour of an approach that balances and integrates the introduction of additional environmental protection measures and the key role of the CAP in safeguarding efficient production;
Amendment 27 #
2011/2307(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recalls the key role played by the CAP in guaranteeing a secure supply of high- quality and affordable food for consumers; points out in this connection that the Commission proposal for the mandatory across-the-board designation of 7% of farmland as environmental focus areas is considered to be inappropriate and impracticable, particularly where these areas would no longer be available to produce food in productive regions;
Amendment 57 #
2011/2114(INI)
Motion for a resolution
Recital L
Recital L
L. whereas improved sewage systems on farms and in rural areas, as well as composting of slurry have an important potential as nutrient and energy sources, subject to thorough investigation of their possible usage, adequate treatment of potentially harmful substances and strict controlsfermentation of slurry is desirable in terms of plant cultivation and the environment;
Amendment 70 #
2011/2114(INI)
Motion for a resolution
Recital N
Recital N
N. whereas crop rotation should be included in ‘greening’ measures as part of CAP reform with regard to its significant contribution to climate change mitigation and the potential for reducing the use of synthetic fertilisers and pesticides;
Amendment 76 #
2011/2114(INI)
Motion for a resolution
Recital P
Recital P
Amendment 80 #
2011/2114(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 100 #
2011/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 103 #
2011/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses in particular the need forAcknowledges that a European Food Prices Monitoring Tool which would deliver better transparency on input price development and allow farmgate prices to be linked to production costs is a good idea in principle; points out, however, that a similar system already in use in Italy has been unable to attain any of its worthy objectives;
Amendment 148 #
2011/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission and the Member States to make sure that public support measures for biomass and agro-fuels – including biogas – do not contribute to unsustainable competition for resources between food and energy production, which must be organised sustainably, and do not provoke further increases in input costs and land rent;
Amendment 168 #
2011/2114(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Repeats its call to include crop rotation and crop diversity in an EU-wide list of ‘greening’ measures to bereceive additional rewardeds within the CAP, given the positive effect the former have on climate change mitigation, soil and water quality and farmers’ finances (with significantly reduced use of fertilisers, soil improvers, plant protection products and pesticides which will reduce input costs for farmers);
Amendment 169 #
2011/2114(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Repeats its call to include crop rotation and crop diversity (within a range of specified crops, including legumes in particular) in an EU-wide list of ‘greening’ measures to be rewarded within the CAP, given the positive effect the former have on climate change mitigation, soil and water quality and farmers’ finances (with significantly reduced use of fertilisers, soil improvers, plant protection products and pesticides which will reduce input costs for farmers);
Amendment 178 #
2011/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and the Member States to encourage – subject to thorough investigation of their possible usage, adequate treatment of potentially harmful substances and strict controls – the recycling of nutrients from waste streams, especially liquid manure, organic waste and local sewage systems, which can help reduce input costs for fertilisers and which recapture nitrogen and phosphate(especially phosphate and nitrogen) from waste streams and, in particular, recycling waste as part of a cascade process after using it to produce thermal energy;
Amendment 186 #
2011/2114(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Repeats its calls for the Commission to swiftly submit to Parliament and the Council a report on the possibilities and options for increasing domestic protein crop production in the EU by means of new policy instruments based on those used in third countries that supply proteins, thereby reducing the EU’s dependence on protein imports and the external input of mineral fertilisers and pesticides, and examining the potential effect of these options on farmers’ revenues;
Amendment 205 #
2011/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls in particular on the Commission to propose, in the withdrawal of restrictcontext of the forthcoming revisions on the use of farm saved seed as laid down in Article 14(1) and (2) of Regulation (EC) No 2100/94 on Community plant variety rights, in the context of the forthcoming revision of this regulation;f Regulation (EC) No 2100/94 on Community plant variety rights, that the obligations laid down in Article 14(1) and (2) thereof, which are an indispensable means of funding progress in the field of agricultural production, are also practicable, as it is only on this basis that the predominance of small- and medium-scale farming in the European agricultural sector can be maintained,
Amendment 210 #
2011/2114(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls, in the light of the upcoming Rio+20 global conference, for a new EU initiative on the conservation, sustainable use and quality marketing of agro- biodiversity, in order to reduce seed purchase costs and increase added value from farming;
Amendment 220 #
2011/2114(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls upon the Commission to work, as part of the CAP reform andin the context of the Water Framework Directive, towards better irrigation and water storage systems for agriculture, to include both improving water storage capacities in soils and water harvesting in dry areas, as a way of reducing the use of fresh water and also as a precaution against changes in rainfall patterns due to climate change;
Amendment 23 #
2011/2108(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the health of individual bees and colonies is affected by numerous lethal and sub-lethal factors, many of them interconnected; whereas the limited number of marketed medicines to fight the Varroa destructor mite are in many cases no longer efficient; whereas the toxic agents in certain pesticidand their synergies, changing climatic and environmental conditions, loss of plant biodiversity, land use change, mismanaged beekeeping practices and the presence of invasive species weaken colonies’ immune systems and favour opportunistic pathologies,
Amendment 29 #
2011/2108(INI)
Motion for a resolution
Recital E
Recital E
E. whereas beekeepers are primarily responsible forcan help to improve and preserve the health and well-being of their bees, though farming methods have a role to play tooeven in a difficult environment,
Amendment 39 #
2011/2108(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, because minimal use of veterinary products and active substances is advocated, as is maintaining a healthy colony immune system but resistance problems exist; whereas active substances and medicines are not metabolised by bees and end up in honey, because European producers rely on clean, residue-free, high-quality honey, and also because of the problem of resistance, minimal use of veterinary products and active substances is advocated, as is maintaining a healthy colony immune system,
Amendment 44 #
2011/2108(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas a large number of European beekeepers are amateur and not professional apiarists,
Amendment 49 #
2011/2108(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to increase the level of support for honeybee-health- related research under the next financial framework (FP8) and to focus the research on technological developments, disease prevention and control, particularly the impact of environmental factors on bee colony immune systems, defining sustainable agricultural practices and increasing non-chemical alternatives, and the development of veterinary medical products for current EU honeybee-disease- causing agents, especially Varroa destructor mites, Nosema ceranaeas they are the main pathogenic agent which requires a greater variety of active substances to combat it because of its strong resistance, and to combat endoparasites and other opportunistic diseases; calls on the Commission to rule out overlaps in the use of funds and to create new financial opportunities where needed; calls on the Commission to make research findings available to beekeepers;
Amendment 63 #
2011/2108(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to promote the setting up of appropriate national surveillance systems in close cooperation with beekeepers’ associations and to develop harmonised standards which are easy to introduce at EU level to allow comparison; stresses the need for uniform, and the annual identification and registration of bee hives;
Amendment 81 #
2011/2108(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to set up a steering committee, together with representatives of the beekeeping sector, which will assist the Commission in establishing the annual work programme of the EU reference laboratory; deplores the fact that the first annual work programme of the EU’s reference laboratory was presented without prior consultation of stakeholders;
Amendment 98 #
2011/2108(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to encourage young beekeepers to enter the sector and to support training programmes for beekeepers and farmers on disease prevention and control, botanical knowledge and the impact of pesticides, with the purpose of encouraging the acquisition of qualifications;
Amendment 114 #
2011/2108(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s intention to propose a comprehensive Animal Health Law to be implemented in a harmonised manner throughout Europe; calls on the Commission to support European beekeeping organisations in order to establish a common guide to good beekeeping practices; calls on the Commission to adjust the scope and financing of European veterinary policy to take account of the specific characteristics of bees and beekeeping so that bee diseases can be combated more effectively thanks to the adequate availability of effective and standardised medicines in all Member States; calls on the Commission to reconsider the status of the various diseases in the light of their endemic character and takes the view that they should consequently no longer be regarded as compulsorily notifiable diseases but should be subject to appropriate health checks;
Amendment 118 #
2011/2108(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to work out more flexible rules for the authorisation and availability of veterinary products for honeybees, especially medicines of plantnatural origin;, welcomes the Commission’s proposal on the revision of the veterinary medicinal product directive with particular attention for antibiotics, which should not be authorised for diseases which strike colonies when they are already debilitated, in view of their impact on the quality of beekeeping products;
Amendment 124 #
2011/2108(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Invites the Commission to improve risk assessmentthe methodology for pesticides, which should focus on both the individual insect and the entire colonyassessing the risk posed to bee colonies by plant protection products, and to ensure freappropriate access to the findings of the ecotoxicological studies included in the authorisation dossiers;
Amendment 132 #
2011/2108(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises that the European Union has only recently, with the committed involvement of the European Parliament, adopted new, stricter rules on the authorisation of plant protection products and their sustainable use, in order to ensure that they are safe for human beings and the environment; notes that these rules include additional, strict criteria relating to bee safety; calls on the Commission to keep Parliament informed about the successful implementation of the new rules;
Amendment 137 #
2011/2108(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to transpose and fully implement, as soon as possible, Directive 2009/128/EC on the sustainable use of pesticides and, in particular, to promote low-pest management with the lowest possible pesticide- input and integrated pest management and, integrated pest management; addition, the training and further training of farmers in the bee-friendly use of plant protection products and cooperation between farmers and beekeepers;
Amendment 144 #
2011/2108(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to consider chronic, larval and sub-lethal toxicity, and substance-pathogen and substance- substance synergies in the risk assessment of pesticides; calls on the Commission to pay special attention to specific pesticides, such as those of the family of the neonicotinoide family (Clothianidin, Thiacloprid, Imidacloprid, Thiamethoxam), phenyl-pyrazoles (Fipronil) and pyrethroids, or active substances such as Chlorpyrifos or Dimethoat, as these active substances in pesticides have a provelant protection products and to carry out further research into substance- pathogen and substance-substance synergies; calls on the Commission to pay special attention to specific plant protection products whose use may have an adverse effect on bee and colony health; application methods such as seed coating should also be considered;
Amendment 177 #
2011/2108(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission constantly to monitor the animal health situation in source countries, to apply the strictest animal health requirements and to put in place an appropriate monitoring system for the propagation material coming from third countries, in order to avoid introducing exotic bee diseases/parasites such as Aethina tumida beetles and Tropilaelaps mites into the EU; calls on the Commission, in cooperation with beekeeping organisations, to submit guidelines for the veterinary treatment of hives; calls on the Commission and Member States to increase transparency regarding the frequency, percentage, characteristics and above all the results of the security checks performed at border control posts;
Amendment 188 #
2011/2108(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to put in place or modify the annexes to Directive 2001/110/EC (Honey Directive) in order to improve the standards of EU production by establishing clear legal definitions for all apicultural products, including honey varieties, and defining the important parameters of honeythe quality of natural honey, such as proline and saccarase content, low level of HMF or humidity, and adulteration (such as the glycerine content, sugar isotope ratio (C13/C14), pollen spectrum and aroma and sugar content of honey); calls on the Commission to ensure that monitoring of the natural properties of honey which applies to European products also applies to products from third countries;
Amendment 191 #
2011/2108(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. In the spirit of the EU’s new quality policy, calls on beekeepers, their representative organisations and commercial companies to make better use of the EU origin labelling schemes (PDO and PGI) for hive products, which could contribute to the affordability of apicultural activity, and calls on the Commission, in close cooperation with beekeeping associations, to propose quality denominations and promote the direct sale of beekeeping products on local markets;
Amendment 197 #
2011/2108(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to provide significantly more financial resources for the beekeeping sectorlace existing support programmes for the beekeeping sector on a more permanent footing and to step them up, and to encourage the development of joint projects, and on the Member States to provide technical assistance for the beekeeping sector; calls on the Commission to ensure that beekeeping organisations are compulsorily consulted during the planning of beekeeping programmes and the drafting of any legislation concerning them, so as to ensure that they are effective and are implemented rapidly; calls on the Commission to provide a safety net or a common insurance system for apiculture in order to mitigate the impact of crisis situations on beekeepers;
Amendment 206 #
2011/2108(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to strengthen and develop the agri-environmental measures specific to the beekeeping sector, in the spirit of the new EU Biodiversity Strategy, and to encourage farmers to engage in agri-environmental measurMember States to establish agri-environmental measures targeted at beekeeping in their rural development programmes in order to support ‘bee-friendly’ grasslands on field margins, and to employ special crop rotation and variation;
Amendment 180 #
2011/2051(INI)
Motion for a resolution
Recital P
Recital P
P. whereas rural development is an important instrument of the CAP and whereas the new programmes should be geared even more strongly to the priority objectives of rural development and of farmers (employment, the agricultural environment, water, climate change, competitiveness, innovation and education),
Amendment 463 #
2011/2051(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for an adequate basic allowance for small farmers, which Member States can optionally determine in those Member States where these farms help to stabilise rural development; calls for these Member States to decide, in accordance with subsidiarity, what percentage of the direct payments to be incorporated in the new subsidy system should be made available to their small farmers; stresses, however, that this must not hamper the necessary structural change;
Amendment 474 #
2011/2051(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for an adequate basic allowance for small farmers, based on GDP per capita of the population, which Member States can optionally determine in those Member States where these farms help to stabilise rural development; calls for these Member States to decide, in accordance with subsidiarity, what percentage of the direct payments to be incorporated in the new subsidy system should be made available to their small farmers; stresses, however, that this must not hamper the necessary structural change;
Amendment 487 #
2011/2051(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for a further simplification of the direct payment system, for example simplified transfer rules for payment entitlements in the event of non-activation, merging of minimum payment entitlements, simplification of the rules governing the national reserve and changes to gear them more to young farmers or reduce them, depending on the transition to the regional/national single area payment, abolition of handwritten cattle registries, an effective and unbureaucratic monitoring system based on a risk analysis and with a monitoring frequency proportionate to the level of risk for both pillars and uniform penalties, proportionate to value; considers that administrative systems which can be proven to be operating well should be looked upon favourably in the light of the scale of monitoring prescribed;
Amendment 517 #
2011/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that decoupling has essentially proved its worth, given the increased effect on income and greater autonomy in decision-making on the part of farmers and the associated simplification of the CAP, and calls for this also, in general, to apply to suckler cow and sheep premiumsCAP; recognises, however, that in certain sectors and regions such as mountain regions, northern regions and extremely remote areas, where there are no alternatives to relatively labour-intensive livestock farming, there may be considerable economic and environmental drawbacks which cannot be reconciled with the aims of the Treaty; acknowledges, therefore, that production- based premiums might be defensible within a narrowly defined framework for a limited period even after 2013;
Amendment 616 #
2011/2051(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 656 #
2011/2051(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers thaterefore that natural resource protection should be directly linked to the granting of direct payments in order to attainfulfil these environmental objectives to the maximum without the need to introduce new, bureaucratic environmental conditions into the first pillar; considers that a flat- rate income payment, as envisaged in a top-up model in the first pillar, must cover costs and income losse; stresses that these measures will have to balance environmental and economic performance, be relevant from an agronomic point of view and provide appropriate incentives for farmers;
Amendment 677 #
2011/2051(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers therefore that any environmental advantages can be attained more effectively and directly by means of second-pillar measures adopted by the Member States, which should ideally build on existing agrienvironmentalecological cross compliance measures or should supplement measures which take into account climatic and geographical differences in the Member States; observes that resource protection programmes should be pursued everywhere by means of a priority catalogue of area-based measures in the second pillar which are subject to basic requirements, particularly in the fields of climate, environment and innovation (Annex I), and aremay be up to 100% EU- financed; regards the greening of direct payments in the first pillar as lying in the fact that any recipient of direct payments in the EU must implement at least two priority area-based resource protection programmes in order to be eligible for the complete farm payment; believes that the administration involved in these measures can be minimised by managing them in accordance with the system of the existing agrienvironmental programmekept at the same level by including them in existing first- pillar ecological cross compliance controls, thus avoiding duplication of monitoring and additional application and administration procedures;
Amendment 697 #
2011/2051(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to present to the European Parliament and the Council, before it elaborates its final legislative proposals, detailed feasibility studies and impact assessments of the model to enhance the environmental performance of the CAP;
Amendment 727 #
2011/2051(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regards this model as making a substantial contribution to the simplification of the direct payments system and to the attainment of new compulsory environmental objectives; observes that, under this model, there is no need to step up the current rate of monitoring and the current monitoring capacities, as existing checks can be used, and that checks in the second pillarecological cross compliance checks can be combinused in the basic and regeneration programmefirst pillar; considers also that no new systems of payments or penalties need be introduced;
Amendment 770 #
2011/2051(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that direct payments are no longer justified without cross -compliance (CC) and therefore that the CC system should apply equally to all recipients of direct payments19;
Amendment 912 #
2011/2051(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Considers that the use of these instruments which have been described should be triggered only by a political assessment by the EU legislaturecommenced by the EU legislators following a request from the Commission;
Amendment 1032 #
2011/2051(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls on the Commission to investigate whether the current arrangement whereby the wine market organisation ban on plantconsider maintaining planting rights in the wine sector beyond 2015 and to take account of this ing its to expire should be maintained, in view of anticipated market trendsassessment report on the reform of the wine CMO to be submitted in 2012;
Amendment 1079 #
2011/2051(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Is aware of the importance of the second pillar, in view of its environmental, modernisation and structural improvement achievements, but also for attaining political objectives, which should also benefit farmers; calls therefore for second- pillar measures to be better suited to their objectives, so that the effectiveness of growth, employment, competition and climate measures and measures for the benefit of rural areas can be increased; considers that, in this context, particular attention should be devoted to assisting young farmers;
Amendment 1088 #
2011/2051(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Emphasises the importance of young farmers and ‘newcomers’ in maintaining a productive and sustainable farming industry in Europe; points out that life expectancy increased by 15 years between 1950 and 2010, and therefore calls on the Commission to rethink its definition of ‘young farmer’, including with a view to attracting newcomers into farming; insists, in this regard, that investment subsidies for young farmers and newcomers must remain at the current level,
Amendment 1112 #
2011/2051(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Advocates therefore introducing targeted measures, to be decided by the Member States in the second pillar, to attain priority objectives of the EU (2020 Strategy); observes that these measures should be applied in addition to the basic programmes for greening of direct payments in the first pillar and that a reduced national cofinancing rate of 25% should apply;
Amendment 1187 #
2011/2051(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Advocates that, in the case of second pillar measures which are of particular importance to Member States, an optional increase of 25% in national financing in the second pillar (top-up) should be possiblethe current cofinancing rates should continue to apply after 2013;
Amendment 1215 #
2011/2051(INI)
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. Calls for new, innovative funding instruments to be geared to the farming sector as well, particularly non- bureaucratic micro-loans for young farmers;
Amendment 82 #
2011/2019(BUD)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that the European Supervisory Authorities have a crucial role to play in safeguarding market stability and that they need to be adequately funded in order for regulatory reforms to be effective; reiterates that one single supervisory authority would be more cost-efficient; welcomes the budget increases proposed for all three authorities as important steps in their build-up procedures, while calling for additional resources for the joint committee; emphasises that any additional tasks entrusted to these authorities must be swiftly accompanied by the corresponding allocation of supplementary resources; underlines, inter alia, that the new responsibilities planned for the European Securities and Markets Authority (ESMA) in the areas of short-selling and derivatives must be promptly reflected in the 2012 budget procedure as soon as the legal bases are in place;
Amendment 87 #
2011/2019(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the increase (+ EUR 5.7 million) in the overall level of commitment appropriations for the Competitiveness and Innovation Framework programme compared to what was initially foreseen; hopes that this increase will contribute to improving the access of SMEs to this programme and to developing specific programmes and innovative financial mechanisms; supports, in particular, the sharp increase in payments proposed for the CIP-EIP programme as an indispensable reaction to the positive trend of SMEs recovering from the crisis; notes that the present budgetary request – being based on very recent developments – is to be seen as provisional; stresses, therefore, that there should be a preparedness throughout the 2012 budget process to further increase the payments in this programme if the recovery over the coming months turns out to be stronger than currently foreseen;
Amendment 96 #
2011/2019(BUD)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is concerned about the proposed reduction in appropriations for the Union Statistical Programme and the very limited – below the rate of inflation – increase in staff expenditure in the ‘Statistics’ policy area; emphasises that there is a strong need to continuously make sure that the resources of Eurostat match the expanding workload and the enhanced quality demands in the key area of economic and financial statistics;
Amendment 101 #
2011/2019(BUD)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that the crisis has clearly highlighted the importance for the strength of government finances of having effective and fraud-proof tax collection systems; stresses that the fight against tax fraud and evasion must be highly prioritised and that the appropriations for Fiscalis must enable the programme to respond to this ambition;
Amendment 213 #
2011/2019(BUD)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Acknowledges the Commission’s efforts not to request any additional posts, but views with scepticism its commitment to meet all its needs, including those relating to new priorities and to the entry into force of the TFEU, merely by means of internal redeployment of existing human resources; wonders in particular where the 230 additional posts for thneeded to ensure the appropriate monitoring of Member States’ economic and financial situation within DG ECFIN are to be redeployed from and what the impact of 70 fewer posts for administrative support and programmes management will be, following redeployments within specific Directorates-General; stresses that the human resources issue is made all the more important by the fact that DG ECFIN may have to be further strengthened to cope with vital additional tasks as soon as the economic governance package has been adopted;
Amendment 5 #
2011/2010(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the necessity, function and structure of insurance guarantee schemes are not analogous with either deposit guarantee schemes or investor compensation schemes on account of the different business model of insurers and the different risk exposure of consumers in the event of the failure of an insurer,
Amendment 19 #
2011/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in coherence with the definition of relevant details of Solvency II, to come forward with proposals for a minimum harmonisation directive establishing a coherent and consistent cross-border framework for national insurance guarantee schemes (IGS) across Member States providing last-resort protection to consumers exclusively in case insurance untertakings, due to their insolvency, are unable to fulfil their contractual commitments;
Amendment 25 #
2011/2010(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the adoption of the ‘home’ country principle – whereby all policies written by an insurerlife insurance policies subscribed by natural persons, regardless of location of sale, are covered by the ‘home’ IGS – recognising both that: A) under Solvency II the cross- border provision of insurance services will increase; and, B) the failure of an insurer will be linked to the inadequacy of supervision by the ‘home’ supervisor, and thus the burden of responsibility for failure should be borne by the ‘home’ IGS;
Amendment 33 #
2011/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the model of function, design and funding for national IGS be a matter of subsidiarity, reflecting the ‘home’ country principle of supervision and the divergence of models used by existing IGS; urges the Commission against advocating an ex-ante approach to funding given the absence of compelling arguments in favour of such an approach and the disruption it could cause;
Amendment 49 #
2011/2010(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that ‘home’ and ‘host’ supervisors should cooperate fully with the concerned IGS to ensure minimised disruption for the policyholder in a ‘host’ country in the event of the failure of an insurer, acting through the college with the participation of EIOPA to ensure consistency of approach between schemes;
Amendment 62 #
2011/2010(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists that new EU legislation should not result in the dilution of protection offered by existing IGS in Member States, and that consumers should not face any losses as a result of regulatory failure to adequately supervise insurers or intermediaries; calls consequently on the Commission to ensure that a European framework for IGS compensates policyholders for losses in full and without exception for all types of insurance products in the event of insurer bankruptcy, insurer or intermediary mis-selling, or fraud, within a set period of time, consistent throughout Member States; suggests that in case an insurance guarantee scheme would have to endow with compensation to policyholders, EU legislation should provide for caps and limits;
Amendment 70 #
2011/2010(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that in the absence of a legally binding EU definition of what constitutes a small- or micro- undertaking, and given the changing nature of such entities over time, proposals for a directive on IGS should be limited to natural persons acting for purposes which can be regarded as outside their trade, business, craft of profession; natural persons linked to the failed insurer such as directors, managers or (qualified) shareholders should be excluded from the group of consumers; requests that the Commission re-evaluate the case for including select legal persons once a legally binding definition is agreed; stresses that as a matter of subsidiarity individual Member States may choose to include legal persons within their national IGS;
Amendment 22 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 13 Staff Regulations
Article 1 – point 13 Staff Regulations
Article 42a
13. Article 42a shall be amended as follows: (a) In the second sentence of the first paragraph, the word 'institutions' shall be replaced by 'appointing authority of each institution'; (b) In the last sentence of the third paragraph, the word 'adapted' shall be replaced by 'updated'; The first paragraph shall be replaced by the following: 'An official shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the institutions and parents of dependent children with a disability or a severe illness recognised by the medical officer. The minimum leave taken at any one time shall not be less than one month.'; (b) The third paragraph shall be replaced by the following: 'The allowance shall be EUR 1 215.63 per month, or 50 % of such sum if the official is on half-time leave, for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave. The amounts mentioned in this Article shall be adapted in line with remuneration.';
Amendment 28 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 26 a (new)
Article 1 – point 26 a (new)
Staff Regulations
Article 58 – third sentence
Article 58 – third sentence
26a. In Article 58, the third sentence shall be replaced by the following: 'In the case of multiple or premature birth or the birth of a child with a disability or serious illness, the duration shall be of 24 weeks.';
Amendment 32 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 32 a (new)
Article 1 – point 32 a (new)
Staff Regulations
Article 67 – paragraph 3
Article 67 – paragraph 3
32a. Article 67(3) shall be replaced by the following: '3. The dependent child allowance may be doubled by special reasoned decision of the appointing authority based on medical documents establishing that the child concerned has a disability or a long- term illness constituting a heavy burden for the official.';
Amendment 33 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 46 a (new)
Article 1 – point 46 a (new)
Staff Regulations
Annex V – Article 6
Annex V – Article 6
Amendment 53 #
2011/0418(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. European Social Entrepreneurship Fund managers that are registered under this Regulation may additionally manage UCITS subject to authorisation under Directive 2009/65/EC provided that they are external managers.
Amendment 78 #
2011/0418(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 84 #
2011/0418(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. EuSEF managers shall not borrow, issue debt obligations, provide guarantees, at the level of the EuSEF, nor employ any method, at the level of the EuSEF, by which the exposure of the fund will be increased, whether through borrowing of cash or securities, the engagement into derivative positions or by any other means.
Amendment 88 #
2011/0418(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Without prejudice to other Union law, the EuSEF may also be entitled to funding from its investors through a combination of capital and debt instruments.
Amendment 96 #
2011/0418(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Without the prejudice of other Union law, Member States may allow EuSEF managers to market to retail investors in their territory units or shares of EuSEFs they manage in accordance with this Regulation. In such cases, Member States may impose stricter requirements on the EuSEF manager or the EuSEF than the requirement applicable to the EuSEFs marketed to professional clients in accordance with this Regulation. However, Member States shall not impose stricter or additional requirements on EuSEFs established in another Member State and marketed on a cross-border basis than EuSEFs marketed domestically.
Amendment 125 #
2011/0418(COD)
Proposal for a regulation
Article 17
Article 17
ESMA shall maintain a central database, publicly accessible on the internet, listing all EuSEFs and all EuSEF managers registered in the Union in accordance with this Regulation.
Amendment 74 #
2011/0417(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. European venture capital fund managers that are registered in accordance with this Regulation may also manage UCITS subject to authorisation under Directive 2009/65/EC provided that they are external managers.
Amendment 82 #
2011/0417(COD)
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) ‘qualifying venture capital fund’ means a collective investment undertaking that invests at least 70 percent of its aggregate capital contributions and uncalled committed capital in assets that are qualifying investments;
Amendment 97 #
2011/0417(COD)
Proposal for a regulation
Article 3 – point i
Article 3 – point i
(i) ‘venture capital fund manager’ means a legal person whose regular business is managing at least one qualifying venture capital fund. Where the legal form of the venture capital fund permits internal management and where the governing body of the fund chooses not to appoint an external manager, the venture capital fund itself shall be authorised as venture capital fund manager;
Amendment 100 #
2011/0417(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Managers of collective investment undertakings that manage portfolios of European venture capital funds the total assets under management of which exceed the threshold referred to in Article 2(1) of this Regulation and that are subject to Directive 2011/61/EC may opt into the regime created by this Regulation and be entitled to use the designation "European Venture Capital Funds" in relation to the marketing of those funds across the Union, provided that they comply with Articles 3, 5, 6, 11 and 12 of this Regulation.
Amendment 104 #
2011/0417(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The venture capital fund manager shall ensure that, when acquiring assets other than qualifying investments, no more than 30 percent of the fund's aggregate capital contributions and uncalled committed capital is used for the acquisition of assets other than qualifying investments; short term holdings in cash and cash equivalents shall not be taken into account for calculating this limit.
Amendment 108 #
2011/0417(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The venture capital fund manager shall not borrow, issue debt obligations, provide guarantees, at the level of the qualifying venture capital fund, nor employ at the level of the qualifying venture capital fund any method by which the exposure of the fund will be increased, whether through borrowing of cash or securities, the engagement into derivative positions or by any other means.
Amendment 42 #
2011/0394(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) SME growth in terms of added-value and number of employees, broken down by gender, age, area, size and length of business and in accordance with the Member States' rules on the protection of personal data,
Amendment 59 #
2011/0394(COD)
Proposal for a regulation
Annex I - Specific objective: To promote entrepreneurship, including among specific target groups - column 3
Annex I - Specific objective: To promote entrepreneurship, including among specific target groups - column 3
Increase of EU citizens that would like to be self employed to 50%
Amendment 18 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – point 13(a)
Article 2 – point 13(a)
(a) entities governed by the law of a Member State whose transferable securities are admitted to trading on a regulated market of any Member State within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC; , other than - insurance undertakings within the meaning of Articles 13(2), (4) and (5) of Directive 2009/138/EC of the European Parliament and of the Council; - Union alternative investment funds as defined in Article 4(1)(k) of Directive 2011/61/EC of the European Parliament and of the Council; - undertakings for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council; - securitisation special purpose entities as defined in Article 4(1)(an) of Directive 2011/61/EC of the European Parliament and of the Council which issue their securities in denominations greater than € 50,000;
Amendment 20 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – point 13 – point c
Article 2 – point 13 – point c
(c) insurance undertakings within the meaning of Article 13 other than Article 13 (2), (4) and (5) of Directive 2009/138/EC of the European Parliament and of the Council(**);
Amendment 22 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2006/43/EC
Article 2 – point 13 – point f
Article 2 – point 13 – point f
(f) investment firms as defined in point 1 of Article 4(1) ofregulated under Directive 2004/39/EC;
Amendment 81 #
2011/0386(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There is strong evidenceExperience clearly showings the effectiveness of rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the Stability and Growth Pact.
Amendment 80 #
2011/0385(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A decision regarding the non- compliance of a Member State with its adjustment programme wshould also entail ahave tangible adverse consequences for the Member State at fault and, accordingly, entail suspension of payments or commitments of Union funds as provided by Article 21(6) of Regulation (EU) No XXX laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the common strategic framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006,
Amendment 89 #
2011/0385(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets out provisions for strengthening the economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability or to the viability of public finances and/or that receive or may receive financial assistance from one or several other States, the European Financial Stability Facility (EFSF), the European Financial Stability Mechanism (EFSM), the European Stability Mechanism (ESM) or other International Financial Institutions (IFI), such as the International Monetary Fund (IMF).
Amendment 179 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Council, acting by qualified majority on a proposal from the Commission, and after consulting the European Parliament, shall approve the adjustment programme.
Amendment 185 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission, in liaison with the ECB, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC or any subcommittee the latter may designate for that purpose, and the competent committee of the European Parliament. The Member State concerned shall give the Commission its full cooperation. It shall in particular provide to the Commission all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply.
Amendment 192 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission - in liaison with the ECB - shall examine with the Member State concerned the changes that may be needed to its adjustment programme. The Council, acting by a qualified majority on a proposal from the Commission, shall approveand after consulting the European Parliament, shall decide on any change to be made to the adjustment programme.
Amendment 196 #
2011/0385(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. If the monitoring referred to in paragraph 3 highlights significant deviations from the macro-economic adjustment programme, the Council, acting by qualified majority on a proposal from the Commission, and after consulting the European Parliament, may decide that the Member State concerned does not comply with the policy requirements contained in the adjustment programme.
Amendment 231 #
2011/0298(COD)
Proposal for a directive
Recital 13
Recital 13
(13) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out outside regulated markets, MTFs and OTFs on an occasional, ad hoc and irregular basis. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account by executing client orders outside a regulated market, an MTF or an OTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out as a result of an execution of an order with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, a systematic internaliser should not be allowed to bring together third party buying and selling interests.
Amendment 450 #
2011/0298(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
The present requirement is not applicable to products that are already subject to investor protection requirements pursuant to a dedicated regime such as but not limited to UCITS.
Amendment 555 #
2011/0298(COD)
Proposal for a directive
Article 16 – paragraph 7 – subparagraph 1
Article 16 – paragraph 7 – subparagraph 1
Records shall include the recording of telephone conversations or electronic communications involving, at least, transactions concluded when dealing on own account and client orders when the services of reception and transmission of orders and execution of orders on behbetween eligible counterparties. Member States may choose to apply equivalent requirements with professionalf of clients are providedr retail clients.
Amendment 563 #
2011/0298(COD)
Proposal for a directive
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Records of telephone conversation or electronic communications recorded in accordance with sub-paragraphs 1 shall be provided to the clients involved upon request and 2 shall be kept for a period of three years.
Amendment 603 #
2011/0298(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. An investment firm that provides direct electronic access to a trading venue shall have in place effective systems and controls which ensure a proper assessment and review of the suitability of persons using the service, that persons using the service are prevented from exceeding appropriate pre set trading and credit thresholds, that trading by persons using the service is properly monitored and that appropriate risk controls prevent trading that may create risks to the investment firm itself or that could create or contribute to a disorderly market or be contrary to Regulation (EU) No [MAR] or the rules of the trading venue and shall monitor the ratio of orders placed to orders executed. The investment firm shall ensure that there is a binding written agreement between the firm and the person regarding the essential rights and obligations arising from the provision of the service and that under the agreement the firm retains responsibility for ensuring trading using that service complies with the requirements of this Directive, the Regulation (EU) No [MAR] and the rules of the trading venue.
Amendment 683 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Member States shall ensure that where investment firms design investment products or structured deposits for sale to retail clients those products are designed to meet the needs of an identified target market within the relevant category of clients and that the investment firm takes reasonable steps to ensure that the investment product is marketed and distributed to clients within the target group, unless the product is designed according to a specific client demand.
Amendment 689 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – introductory part
Article 24 – paragraph 3 – subparagraph 1 – introductory part
Appropriate information shall be provided in a comprehensible form to clients or potential clients at the most appropriate time, taking into account the specificities of the client, about:
Amendment 692 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 1
Article 24 – paragraph 3 – subparagraph 1 – indent 1
– the investment firm and its services; when investment advice is provid and where more detailed, information shall specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the investment firm will provide the client with the on-going assessment of the suitability of the financial instruments recommended to clients,may be available and how to obtain it;
Amendment 700 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 1 a (new)
Article 24 – paragraph 3 – subparagraph 1 – indent 1 a (new)
– the typology of products it proposes and if they are managed by an entity of the same group, in such case it shall identify those products,
Amendment 704 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 2
Article 24 – paragraph 3 – subparagraph 1 – indent 2
– financial instruments and proposed investment strategies; this should include appropriate guidance on and warnings of the risks associated with investments in those instruments or in respect of particular investment strategies, whether the service or product may be subject to third parties monetary or non-monetary payment,
Amendment 706 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 3
Article 24 – paragraph 3 – subparagraph 1 – indent 3
– major execution venues, and
Amendment 713 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 3 – subparagraph 1 – indent 4
Article 24 – paragraph 3 – subparagraph 1 – indent 4
– costs and associated charges where relevant.
Amendment 719 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 767 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
6. When providing portfolio management the investment firm shall not accept ordisclose on a specific or general manner when it may receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clifrom third parties and where and how clients can have detailed information about such payments.
Amendment 777 #
2011/0298(COD)
Proposal for a directive
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 798 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – introductory part
Article 25 – paragraph 3 – subparagraph 1 – introductory part
Member States shall allow investment firms when providing investment services that only consist of execution or the reception and transmission of client orders with or without ancillary services , with the exclusion of the ancillary service specified in Section B (1) of Annex 1 , to provide those investment services to their clients without the need to obtain the information or make the determination provided for in paragraph 2 where all the following conditions are met:
Amendment 802 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point i
Article 25 – paragraph 3 – subparagraph 1 – point a – point i
Amendment 808 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point ii
Article 25 – paragraph 3 – subparagraph 1 – point a – point ii
Amendment 811 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point iii
Article 25 – paragraph 3 – subparagraph 1 – point a – point iii
Amendment 823 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point iv
Article 25 – paragraph 3 – subparagraph 1 – point a – point iv
Amendment 827 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 3 – subparagraph 1 – point a – point v
Article 25 – paragraph 3 – subparagraph 1 – point a – point v
Amendment 837 #
2011/0298(COD)
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
7. ESMA shall develop by [18 months] at the latest, and update periodically, guidelinetechnical standards for the assessment of financial instruments referred to in paragraph 3 that embed derivatives or incorporatinge a structure whichthat makes it difficult for the clienthighly complex for a retail investor to understand, the risk involvedo determine which among those could fall under the scope of the regime referred to in that paragraph with the exception of UCITS. In its assessment, ESMA shall take into account whether complexity in eaccordance withh of these products reduces risk to investors, as compared to products in paragraph 3 (a). .
Amendment 879 #
2011/0298(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall require that investment firms andor market operators operating an MTF or an OTF establish and maintain effective arrangements and procedures, relevant to the MTF or OTF, for the regular monitoring of the compliance by its users or clients with their rules. Investment firms and market operators operating an MTF or an OTF shall monitor the transactions undertakenorders placed and transactions executed and order cancelled by their users or clients under their systems in order to identify breaches of those rules, disorderly trading conditions or conduct that may involve market abuse.
Amendment 1295 #
2011/0298(COD)
Proposal for a directive
Annex 1 – Section A – point 9
Annex 1 – Section A – point 9
(9) Safekeeping and administration of financial instruments for the account of retail clients, including custodianship and related services such as cash/collateral management, when these services are offered as the principal service to clients;
Amendment 137 #
2011/0296(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) An investment firm executing client orders against own proprietary capital should be deemed a systematic internaliser, unless the transactions are carried out outside regulated markets, MTFs and OTFs on an occasional, ad hoc and irregular basis. Systematic internalisers should be defined as investment firms which, on an organised, frequent and systematic basis, deal on own account by executing client orders outside a regulated market, an MTF or an OTF. In order to ensure the objective and effective application of this definition to investment firms, any bilateral trading carried out as a result of an execution of an order with clients should be relevant and quantitative criteria should complement the qualitative criteria for the identification of investment firms required to register as systematic internalisers, laid down in Article 21 of Commission Regulation No 1287/2006 implementing Directive 2004/39/EC. While an OTF is any system or facility in which multiple third party buying and selling interests interact in the system, a systematic internaliser should not be allowed to bring together third party buying and selling interests.
Amendment 143 #
2011/0296(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Systematic internalisers may decide to give access to their quotes only to their retail clients, only to their professional clients, or to both. They should not be allowed to unduly discriminate access within those categories of clients. Systematic internalisers are not obliged to publish firm quotes in relation to transactions above standard market sizeWhen dealing in derivatives instruments price difference stemming from counterparty credit quality may be allowed. The standard market size for any class of financial instrument should not be significantly disproportionate to any financial instrument included in that class.
Amendment 177 #
2011/0296(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Trading venues should also be required to provide access including data feeds on a transparent and non- discriminatory basis to CCPs that wish to clear transactions executed on the trading venue unless the right of access would lead to increased operational risk and fragmentation of liquidity. Approval of new access shall be submitted to market members and CCP members. Licensing and access to information about indices and other benchmarks that are used to determine the value of financial instruments should also be provided to CCPs and other trading venues on a non- discriminatory basis. The removal of barriers and discriminatory practices is intended to increase competition for clearing and trading of financial instruments in order to lower investment and borrowing costs, eliminate inefficiencies and foster innovation in Union markets. The Commission should continue to closely monitor the evolution of post-trade infrastructure and should, where necessary, intervene in order to prevent competitive distortions from occurring in the internal market.
Amendment 421 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Systematic internalisers shall provide upon request firm quotes in the following instruments: (i) Shares & bonds and structured finance products admitted to trading on a regulated market orand for which a prospectus has been published, e; (ii) Emission allowances; and d(iii) Derivatives which are clearing-eligible or aremandated to be centrally cleared and admitted to trading on a regulated market or are traded on an MTF or an OTF when the following conditions are fulfilled:
Amendment 425 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point -1 (new)
Article 17 – paragraph 1 – point -1 (new)
(-1) The quoting obligation referred in the first paragraph will only apply when all the following conditions are fulfilled: (a) the systematic internaliser is prompted for a quote by a client; b) the quote refers to an instrument that is liquid; c) the quote is at or below retail market size; d) predetermined validity time of the quote; e) the systematic internaliser agrees to provide the quote.
Amendment 447 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6 a. Systematic internalisers may update their quotes so as to reflect changes in market conditions.
Amendment 610 #
2011/0296(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. TFor transferable securities and money market instruments, the competent authority of the CCPtrading venue may only deny access to a trading venue access to a CCP where such access would threaten the smooth orand orderly functioning of financial markets. If a competent authority denies access on that basis it shall issue its decision within twomarkets. For other instruments, access to the trading venue shall be determined by the competent authority of the trading venue based on the following criteria: i) fragmentation of liquidity ii) operational risk and complexity iii) number of current CCPs accessing the venue iv) potential affection to smooth and orderly functioning of market The decision by the competent authority of the trading venue shall be issued within 2 months following the receipt of the request referred to in paragraph 2 and provide full reasons to the CCP and the trading venue including the evidence on which the decision is basedby the CCP and a report from the target market to be provided within the one months of the request. The decision shall be notified to the trading venue, to the CCP and to ESMA.
Amendment 640 #
2011/0296(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. TFor transferable securities and money market instruments, the competent authority of the trading venue may only deny a CCP access to a trading venue where such access would threaten the smooth orand orderly functioning of markets. If a competent authority denies access on that basis it shall issue its decision within twoFor other instruments, access to the trading venue shall be determined by the competent authority of the trading venue based on the following criteria: (i) fragmentation of liquidity (ii) operational risk and complexity (iii) number of current CCPs accessing the venue (iv) potential affection to smooth and orderly functioning of market The decision by the competent authority of the trading venue shall be issued within 2 months following the receipt of the request referred to in paragraph 2 and provide full reasonsby the CCP and a report from the target market to be provided within the one months of the request . The decision shall be notified to the trading venue and, to the CCP including the evidence on which its decision is based. and to ESMA.
Amendment 11 #
2011/0285(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 103o of Council Regulation (EC) No 1234/2007 of 22 September 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) provides for a possibility for the Member States to grant decoupled aid under the Single Payment Scheme to vine-growers. SeveralThose Member States which have used this possibility, which shows the utility of that measure may continue to do so.
Amendment 13 #
2011/0285(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) All of the funds from the national envelope for viticulture should remain available to the wine sector of the Member State in question, regardless of how they are used.
Amendment 15 #
2011/0285(COD)
Proposal for a regulation
Article 1
Article 1
Regulation (EC) No 1234/2007
Article 103o
Article 103o
Amendment 16 #
2011/0285(COD)
Proposal for a regulation
Article 1
Article 1
Regulation (EC) N°1234/2007
Article 103o – paragraph 3 – point a
Article 103o – paragraph 3 – point a
a) definitively remain in the Single Payment Scheme and no longer be available under Article 103k(3), for the measures listed in Articles 103p to 103y; If a Member State decides to use its national envelope in the form of payments per hectare to vine growers, such payments shall be exempt from any modulation system between Member States;
Amendment 133 #
2011/0282(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the efficient and effective use of EAFRD budgetary resources and to guarantee the protection of the rights of beneficiaries and avoid discrimination among them, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of laying down conditions under which legal persons may be considered as young farmers, the setting of a grace period for the acquisition of occupational skills, the minimum content of business plans and the criteria to be used by Member States for the definition of small farms and of upper and lower thresholds for determining the eligibility of an operation under the support for young farmers or development of small farms respectively. Member States should continue the specific efforts made during the 2007-2013 programming period to support young farmers and activities in connection with establishment as a professional and the setting-up of new farms and businesses and use at least 5 % of total EAFRD funding for each rural development programme to finance measures to support young farmers.
Amendment 137 #
2011/0282(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The development of local infrastructure and local basic services in rural areas, including leisure and culture, the renewal of villages and activities aimed at the restoration and upgrading of the cultural and natural heritage of villages and rural landscapes is an essential element of any effort to realise the growth potential and promote the sustainability ofand resource-efficiency of and a circular regional economy in rural areas. Support should therefore be granted to operations with this aim, including the access to Information and Communication Technologies and the development of fast and ultra-fast broadband. In line with these objectives, development of services and infrastructure leading to social inclusion and reversing trends of social and economic decline and depopulation of rural areas should be encouraged. In order to achieve the maximum effectiveness for such support, covered operations should be implemented in accordance with plans for the development of municipalities and their basic services, where such plans exist, elaborated by one or more rural communes. In order to ensure coherence with the Unions climate objectives the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the types of renewable energy infrastructure that shall be eligible for support
Amendment 151 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managas a matter of priority encourage farmers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the ‘polluter pays’ principl. Outputs from recognised agri- environment measures should count towards the fulfilment of greening commitments in the context of the direct payments scheme. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and havebe required to spend a minimum of 25% of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming and payments to areas facing natural or other specific constraints measures. Farm managers should be eligible for this measure as a matter of priority.
Amendment 169 #
2011/0282(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure efficient use of Union funds and equal treatment for farmers across the Union mountain areas and areas facing natural or other specific constraints should be defined in accordance with objective criteria. In the case of areas facing natural constraints these should be bio-physical criteria underpinned by robust scientific evidence. Transitional arrangements should be adopted in order to facilitate the phasing out of payments in areas that will no longer be considered as areas facing natural constraints as a result of the application of these criteria which take account of the specific characteristics and development objectives of the areas concerned and which are properly tailored to the scale of the inherent natural disadvantages those areas face and the type of production and/or the economic structure of holdings in a given area. The Commission should submit by 5 May 2010 a new proposal concerning the relevant criteria based on the European Parliament's resolution of 5 May 2010 (2009/2156(INI)).
Amendment 297 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) a balanced territorial and regional economic development of rural areas.
Amendment 344 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
(a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversification;
Amendment 364 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point b a (new)
Article 5 – paragraph 1 – point 2 – point b a (new)
(b a) improving competitiveness, including improving the efficiency and increasing the added value of the manufacturing sector;
Amendment 497 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d
Article 8 – paragraph 1 – subparagraph 1 – point d
(d) short supply chains. and regional economic channels
Amendment 596 #
2011/0282(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 756 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers and producer and sectoral organisations in:
Amendment 771 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
Article 17 – paragraph 1 – point b – point ii
ii) the scheme is open to all producers and producer organisations;
Amendment 856 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(da) contribute to the promotion of ‘green growth’, the safeguarding of jobs at all stages of the production chain and the development of new areas of activity for farms, for example in the tourism and social spheres,
Amendment 1036 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy; particular the development and expansion of the local marketing and value added chains, including investments in renewable energy, energy-efficient systems and sustainable resource and waste management systems;
Amendment 1095 #
2011/0282(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) investments in new forestry technologies and in processing, mobilising and marketing of forest products.
Amendment 1127 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted only to private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of ten years.
Amendment 1137 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and answer to minimum environmental requirements. No support shall be granted for the planting of short rotation coppice, or Christmas trees. In the case orf fast-growing trees for energy production, support shall be granted only to cover setup costs. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.
Amendment 1158 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. "Agro-forestry systems" shall mean land use systems in which trees are grown in combination with extensive agriculture on the same land. The maximum number of trees to be planted or preserved per hectare shall be determined by the Member States taking account of local pedo-climatic conditions, forestry species and the need to ensure agricultural use of the land.
Amendment 1171 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Support under Article 35(1)(c) shall be granted only to private, semi public and public forest owners, municipalities, state forests and their associations and shall cover the costs for:
Amendment 1193 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
Eligible operations shall be consistent with the forest protection plan established by the Member States. For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the submission of a forest management plan detailing the preventive objectives.
Amendment 1218 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted only to natural persons, private forest owners, private law and semi-public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.
Amendment 1236 #
2011/0282(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Support under Article 22(1)(e) shall be granted only to private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.
Amendment 1252 #
2011/0282(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Support under this measure shall be granted in order to facilitate the setting up and development of producer groups in the agriculture and forestry sectors for the purpose of:
Amendment 1294 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri- environment-climate commitments on agricultural land or land suitable for agriculture or who have invested in measures to adapt to climate change. Where duly justified to achieve environmental objectives, agri- environment-climate payments may be granted to other land-managers or groups of other land-managgroups of farmers.
Amendment 1352 #
2011/0282(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Commitments under this measure shall be undertaken for a period of five to seven years. Member States must also enable farmers to undertake these commitments after 2015 by guaranteeing them at least five years’ support under the existing and subsequent CAP programmes after 2020. Withdrawing from commitments should be possible only if no similar measures are supported in programmes after 2020. Where support is granted for the maintenance of organic farming, Member States may provide in their rural development programmes for annual extension after the termination of the initial period.
Amendment 1364 #
2011/0282(COD)
Proposal for a regulation
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5a. Member States should, in their rural development programmes, describe how these measures will be combined with other EAFRD measures.
Amendment 1409 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints, taking into account payments pursuant to Chapter 3 of Title III of Regulation (EU) No DP/2012. The payments shall be duly differentiated, taking into account: – the situation and development objectives peculiar to a region; – the severity of any permanent natural handicap affecting farming activities; – the type of production and, where appropriate, the economic structure of the holding.
Amendment 1410 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Payments shall be fixed between the minimum and maximum amount laid down in Annex I. Compensatory allowances higher than the maximum amount may be granted provided that the average amount of all compensatory payments granted at the programming level concerned does not exceed the maximum amount.
Amendment 1420 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States may grant payments under this measure between 2014 and 2017 to farmers in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period but are no longer eligible following the new delimitation referred to in Article 33(3). These payments shall be degressive starting in 2014 at 80% of the payment received in on average in the years 2007-2013 and ending in 2017 at 20%.
Amendment 1421 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
Amendment 1433 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
Amendment 1475 #
2011/0282(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Support under this measure shall be granted per hectare of forest exclusively to forest holders, municipalities and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget.
Amendment 1478 #
2011/0282(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2
Article 35 – paragraph 1 – subparagraph 2
Amendment 1483 #
2011/0282(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex I. In clearly justified cases, support for agreements not to use trees or stands of trees may also be granted in the form of one-off payments or flat-rate amounts per project, calculated on the basis of the relevant additional costs and loss of income.
Amendment 1491 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including inter-branch organisations; , producer groups and cooperatives;
Amendment 1537 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point j a (new)
Article 36 – paragraph 2 – point j a (new)
(ja) the development and/or marketing of tourism services relating to rural tourism.
Amendment 1538 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point j b (new)
Article 36 – paragraph 2 – point j b (new)
(jb) development of ‘social agriculture’ projects (following the example of Green Care).
Amendment 1733 #
2011/0282(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
Amendment 1745 #
2011/0282(COD)
Proposal for a regulation
Article 52 – paragraph 2 – point a
Article 52 – paragraph 2 – point a
(a) increase the involvement of agricultural, forestry and other rural stakeholders in the implementation of rural development;
Amendment 1753 #
2011/0282(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. An EIP network shall be put in place to support the EIP for agricultural productivity and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, in rural areas, producer groups, agricultural advisory services and researchers
Amendment 1757 #
2011/0282(COD)
Proposal for a regulation
Article 53 – paragraph 2 – point a
Article 53 – paragraph 2 – point a
(a) provide a help desk function and provide information to key actors, particularly primary producers, their suppliers and those they supply, concerning the EIP;
Amendment 1765 #
2011/0282(COD)
Proposal for a regulation
Article 53 – paragraph 2 – point e
Article 53 – paragraph 2 – point e
Amendment 1803 #
2011/0282(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
The funds referred to in Article 51(2) shall be used for financing the award of a prize to cooperation projects involving at least two entities locatedrural regions in different Member States that realise an innovative, local conceptpursue and implement an innovative EU partnership. The partnership must exist for a period of at least one year.
Amendment 1813 #
2011/0282(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The call for proposals shall be open to both local action groups and individual entitregional representative bodies cooperating for the purpose of the specific projectinnovative EU partnership.
Amendment 1904 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 3 a (new)
Article 64 – paragraph 3 a (new)
3a. Member States must make available a minimum of 25% of the total EAFRD contribution to each rural development programme for the measures referred to in Articles 29 and 30.
Amendment 1917 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point b
Article 64 – paragraph 4 – point b
(b) past performance with reference to the period 2007-2013.
Amendment 1932 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 3 – subparagraph 1 – introductory part
Article 65 – paragraph 3 – subparagraph 1 – introductory part
The rural development programmes shall establish once, prior to the start of the programme period, a single EAFRD contribution rate applicable to all measures. Where applicable, a separate EAFRD contribution rate shall be established for less developed regions, and for outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. The maximum EAFRD contribution rate shall be:
Amendment 1964 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 4 – point b
Article 65 – paragraph 4 – point b
(b) 1050% for operations receiving funding under Article 66.
Amendment 1967 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 4 a (new)
Article 65 – paragraph 4 a (new)
4a. Funds transferred to the EAFRD in application of Article 14 of Regulation (EU) No DP/2012 shall be subject to the single EAFRD contribution rate referred to in paragraph 3.
Amendment 1986 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 6 a (new)
Article 65 – paragraph 6 a (new)
6a. The national contribution to the eligible public expenditure may be replaced and/or supplemented by private contributions. This shall not apply in respect of measures under Articles 16, 29, 30, 31, 32, 33, 35 and 36, Chapter IV of Title III, Title IV or Articles 61, 62 and 63.
Amendment 2010 #
2011/0282(COD)
Proposal for a regulation
Article 73 – paragraph 1 – point b
Article 73 – paragraph 1 – point b
(b) providing the Commission, on a quarteyearly basis, with relevant indicator data on operations selected for funding, including key characteristics of the beneficiary as well as the projectinformation about output indicators and financial indicators;
Amendment 471 #
2011/0281(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) One key measure eligible for national support programmes should be the promotion and marketing of Union wines in the Union and in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.
Amendment 473 #
2011/0281(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, coordinated action by the Union as part of European veterinary policy continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve bee health and the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.
Amendment 475 #
2011/0281(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the EU and in third countries.
Amendment 477 #
2011/0281(COD)
Proposal for a regulation
Recital 82 a (new)
Recital 82 a (new)
(82a) For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the monitoring, diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained, while modernising its management and rendering it more flexible at Member State level.
Amendment 491 #
2011/0281(COD)
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84 a) To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive undertaken since then, a revised version of the present quota system should be extended until the end of the 2019-2020 marketing year, if quotas do not end in 2015 as planned. The revised system should allow all member states, wishing to do so, to avail of sugar quotas. Union support should be directed towards the expansion of the sugar industry in the EU and assistance should be provided for the start up costs of sugar processing in member states. However, the considerable recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, automatically re-designates non-quota sugar as quota sugar, so it is possible to preserve the structural balance of this market.
Amendment 508 #
2011/0281(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices. Recognises that efforts must be enhanced in order to further strengthen the position of producer organisations in certain member states. Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors.
Amendment 522 #
2011/0281(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91 a) Measures should be proposed by the Commission to ensure a soft landing in the milk and milk products sector before the abolition of quotas in 2015, in line with commitments made in 2008. Several options should be considered to allow for a more flexible approach for Member States experiencing difficulties, including a butterfat adjustment, or a linear reduction in super levy before 2015.
Amendment 1097 #
2011/0281(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. Article 39a shall not apply where a Member State's only measure in a support programme consists of a transfer to the Single Payment Scheme referred to in Article 42.
Amendment 1098 #
2011/0281(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Amendment 1103 #
2011/0281(COD)
Proposal for a regulation
Article 40 – point c a (new)
Article 40 – point c a (new)
(ca) support programme for wine growing on steep-slope sites pursuant to Article 44a;
Amendment 1132 #
2011/0281(COD)
Proposal for a regulation
Article 44 – paragraph 6 a (new)
Article 44 – paragraph 6 a (new)
6a. Support for restructuring and conversion shall be paid for the area planted with vines, which shall be demarcated by the external perimeter of the vines, to which a buffer zone shall be added with a width corresponding to half the distance separating the rows. Member States shall lay down rules governing the detailed scope and the levels of support to be granted. The rules may provide in particular for the payment of flat-rate amounts, for maximum levels of support per hectare and for the adjustment of support on the basis of objective criteria.
Amendment 1133 #
2011/0281(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Support programme for wine growing on steep-slope sites The measures taken as part of the support programme for wine growing on steep- slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness. The support may take the form of a flat- rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site.
Amendment 1176 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Expenditure on the following shall be eligible: (a) the construction, acquisition, including leasing, or improvement of immovable property; (b) the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset; (c) general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, feasibility studies and the acquisition of patents or licences. By way of derogation from point (b), and only for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, Member States may, in duly substantiated cases, establish the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure. Mere renewal investment shall be excluded from eligible expenditure. The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615].
Amendment 1186 #
2011/0281(COD)
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1 a (new)
Article 49 – paragraph 2 – subparagraph 1 a (new)
The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
Amendment 1189 #
2011/0281(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. The aid shall be paid to distillers that process the products delivered for distillation into raw alcohol with an alcoholic strength of at least 92% vol. Member States may provide for support to be advanced provided that the beneficiary has lodged a security.
Amendment 1190 #
2011/0281(COD)
Proposal for a regulation
Article 49 – paragraph 3 b (new)
Article 49 – paragraph 3 b (new)
3b. Member States shall adopt detailed rules for applying the measure provided for in this Article.
Amendment 1194 #
2011/0281(COD)
Proposal for a regulation
Article 50 – point b
Article 50 – point b
Amendment 1199 #
2011/0281(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Member States may draw up national programmes for the apiculture sector covering a period of three years. These programmes have to be developed in close cooperation with representative organisations and cooperatives in the beekeeping field.
Amendment 1204 #
2011/0281(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The Union contribution to the apiculture programmes shall not exceedbe equivalent to 50 % of the expenditure borne by Member States.
Amendment 1209 #
2011/0281(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.establish a reliable system of identification which makes it possible to perform regular censuses of bee populations and shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. The financing of the census and of hive identification must not be cut from existing programmes to improve production and marketing of honey under Regulation (EC) No 797/20041. _______________ 1 OJ L 125, 28.4.2004
Amendment 1213 #
2011/0281(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
Amendment 1239 #
2011/0281(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Marketing standards may apply to the following sectors or products: (a) olive oil and table olives in respect of the products referred to in point (a) of Part VII of Annex I; (b) fruit and vegetables; (c) processed fruit and vegetables; (d) bananas; (e) live plants; (f) spreadable fats; (g) milk and milk products intended for human consumption; (h) poultrymeat. The wine sector shall be excluded. The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only in accordance with such standards.
Amendment 1243 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover: relate where appropriate to the requirements for: (a) as regards the fruit and vegetables sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (b) as regards the banana sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (c) as regards the eggs and poultrymeat sector: (i) classification criteria such as grading into classes, weight, sizing, age and category; (ii) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (iii) criteria such as appearance, consistency, conformation, product characteristics; (iv) the conservation method and temperature; (v) as regards the poultrymeat sector, the water content as a percentage; (d) as regards the egg sector: (i) the frequency of collection, delivery, preservation and handling; (ii) the type of farming and production method and related administrative rules, and operating circuit; (iii) restrictions as regards the use of certain substances and/or practices; (iv) storage, transport; (v) time limits. (e) as regards the olive oil and table olives sector: (i) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; (ii) criteria such as appearance, consistency, conformation, product characteristics; (iii) specific substances used in production, or components or constituents, including their quantitative content, purity and identification. 3. The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes, and shall take into account: (a) the specificities of the product concerned; (b) the need to ensure the conditions for a smooth placing of the products on the market; (c) the interest of consumers to receive adequate and transparent product information; (d) the standard recommendations adopted by international bodies.
Amendment 1270 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point c
Article 59 – paragraph 3 – point c
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level;
Amendment 1271 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point d
Article 59 – paragraph 3 – point d
Amendment 1295 #
2011/0281(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 1301 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Only oenological practices authorised in accordance with Annex VII and provided for in point (g) of Article 59(2)aragraph 2, and in paragraphs 2 and 3 of Article 65, shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.
Amendment 1303 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 5 – point c – subparagraph 1 a (new)
Article 62 – paragraph 1 – subparagraph 5 – point c – subparagraph 1 a (new)
These unmarketable products shall be destroyed. However, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes.
Amendment 1304 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 2 – introductory part
Article 62 – paragraph 2 – introductory part
2. When making proposals on authorising oenological practices for wine as referred to in point (g) of Article 59(2)aragraph 1, the Commission shall:
Amendment 1306 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 2 – point a
Article 62 – paragraph 2 – point a
(a) base itself ontake into account the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;
Amendment 1307 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
The Commission shall, where necessary, adopt methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI by means of implementing actsmethods of analysis for determining the composition of the products of the wine sector and the rules whereby it may be established whether these products have undergone processes contrary to authorised oenological practices shall be adopted pursuant to Article 43(2) of the Treaty. Those methods and rules shall be based on anythe relevant methods recommended and published byations of the OIV, unless they would be ineffective or inappropriate in view of the legitimate objective pursued. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2) by the Union.
Amendment 1315 #
2011/0281(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation.
Amendment 1316 #
2011/0281(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation. Measures derogating from paragraph 1 may be adopted in accordance with the procedure referred to in Article 62(2).
Amendment 1317 #
2011/0281(COD)
Proposal for a regulation
Article 67 – paragraph 2 a (new)
Article 67 – paragraph 2 a (new)
2a. Derogations from the provisions of paragraph 2 for imported products may be adopted in accordance with Article 43(2) of the Treaty.
Amendment 1318 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
The Commission may, by means of implementing acts, adopt the necessary measures related to this Section and in particularconcerning:
Amendment 1325 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point g a (new)
Article 68 – paragraph 1 – point g a (new)
(ga) implementing provisions relating to the withdrawal and destruction of wines which do not comply with requirements;
Amendment 1327 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point g b (new)
Article 68 – paragraph 1 – point g b (new)
(gb) implementing provisions relating to the experimental use of unauthorised oenological practices;
Amendment 1329 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point g c (new)
Article 68 – paragraph 1 – point g c (new)
(gc) implementing provisions relating to the operations of enrichment, de- acidification and acidification;
Amendment 1346 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1348 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
It shall consist at least of: (a) the name to be protected; (b) a description of the wine(s): (i) for wines with a designation of origin, its principal analytical and organoleptic characteristics; (ii) for wines with a geographical indication, its principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; (c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s); (d) the demarcation of the geographical area concerned shall be established in a detailed, precise and unambiguous manner; (e) the maximum yields per hectare; (f) an indication of the wine grape variety or varieties the wine(s) is/are obtained from; (g) the details bearing out the link referred to in Article 70(1)(a)(i) or, as the case may be, in Article 70(1)(b)(i); (h) applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, with the proviso that such requirements shall be objective, non-discriminatory and compatible with Union law; (i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
Amendment 1353 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 1 – subparagraph 1 a (new)
Article 73 – paragraph 1 – subparagraph 1 a (new)
The application for protection shall be filed with the Member State in whose territory the designation of origin or geographical indication originates. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Subsection. The Member State shall, by means of a national procedure, ensure the adequate publication of the application and provide for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.
Amendment 1356 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 1 (new)
Article 73 – paragraph 3 – subparagraph 1 (new)
(a) publish the single document and the product specification at least on the Internet; and (b) forward to the Commission an application for protection containing the following information: (i) the name and address of the applicant; (ii) the single document referred to in Article 71(1)(d); (iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and (iv) the publication reference, in keeping with point (a). The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.
Amendment 1359 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 3 a (new)
Article 73 – paragraph 3 a (new)
3a. Member States shall have the laws, regulations or administrative provisions in place that are necessary to comply with Article 118f of Regulation (EC) No 1234/2007 and this Article as from 1 August 2009.
Amendment 1360 #
2011/0281(COD)
Proposal for a regulation
Article 73 – paragraph 3 b (new)
Article 73 – paragraph 3 b (new)
Amendment 1362 #
2011/0281(COD)
Proposal for a regulation
Article 80 – paragraph 3 a (new)
Article 80 – paragraph 3 a (new)
Amendment 1365 #
2011/0281(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
An applicant satisfying the conditions laid down pursuant to point (b) of Article 86(4)72 may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area concernedreferred to in point (d) of the second subparagraph of Article 71(2). Applications shall describe and give reasons for the amendments requested.
Amendment 1366 #
2011/0281(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts, decide whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and in the case of approval, the Commission shall publish the elements referred to in Article 74(3). An amendment is considered to be minor if: (a) it does not relate to the essential characteristics of the product; (b) it does not alter the link; (c) it does not include a change in the name or any part of the name of the product; (d) it does not affect the demarcated geographical area; (e) it does not entail any further restrictions on the marketing of the product. 3. Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; (b) where the geographical area is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment.
Amendment 1370 #
2011/0281(COD)
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Where the proposed amendment does not involve any change to the single document, the following rules shall apply: (a) where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; (b) where the geographical area is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 1372 #
2011/0281(COD)
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3a. By way of derogation from Article 82(1), a Member State or third country or its competent authority may apply for approval for the amendment of the product specification for existing protected wine names in accordance with paragraph 1 of this Article.
Amendment 1373 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
Amendment 1379 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
Amendment 1381 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
(a) the elements of the product specifin which cases a single producer may apply for the protection of a designation of origin or geographical indication;
Amendment 1383 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point c
Article 86 – paragraph 4 – point c
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
Amendment 1385 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point d
Article 86 – paragraph 4 – point d
(d) the conditionspecific measures related to the national procedures applicable to trans- border applications;
Amendment 1388 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point g
Article 86 – paragraph 4 – point g
(g) the conditions related tounder which an amendment is to product specifications.be considered as minor within the meaning of Article 82(2);
Amendment 1392 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 6 – point d
Article 86 – paragraph 6 – point d
Amendment 1402 #
2011/0281(COD)
Proposal for a regulation
Article 89 a (new)
Article 89 a (new)
Article 89a Conditions for the use of traditional terms 1. The term to be protected shall be either: (a) in the official language(s) or regional language(s) of the Member State or third country where the term originates; or (b) in the language used in commerce for this term. 2. The term used in a certain language shall refer to specific products referred to in Article 69(1). 3. The term shall be registered with its original spelling(s).
Amendment 1403 #
2011/0281(COD)
Proposal for a regulation
Article 89 b (new)
Article 89 b (new)
Article 89b Conditions of validity 1. The recognition of a traditional term shall be accepted if: (a) the term consists solely of: (i) a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); or (ii) a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); (b) the term shall: (i) not be generic; (ii) be defined and regulated in the Member State's legislation; or (iii) be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations. 2. For the purpose of paragraph (1), point (a), "traditional use" means: (a) at least five years in the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(a); (b) at least 15 years in the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(b). 3. For the purpose of paragraph (1), point (b)(i), "generic" means the name of a traditional term which, although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union. 4. The condition laid down in paragraph 1(b) of this article shall not apply to the traditional terms referred to in Article 89 point (b).
Amendment 1404 #
2011/0281(COD)
Proposal for a regulation
Article 89 c (new)
Article 89 c (new)
Article 89c Applicants 1. Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 89. 2. "Representative professional organisation" shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.
Amendment 1405 #
2011/0281(COD)
Proposal for a regulation
Article 89 d (new)
Article 89 d (new)
Article 89d Recognition procedure Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 89, 89a and 89b, or laid down in Article 90a(3) or Article 90b, have been met. The decision on rejection shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.
Amendment 1407 #
2011/0281(COD)
Proposal for a regulation
Article 91 – paragraph 3 – point a
Article 91 – paragraph 3 – point a
Amendment 1408 #
2011/0281(COD)
Proposal for a regulation
Article 91 – paragraph 3 – point c
Article 91 – paragraph 3 – point c
Amendment 1409 #
2011/0281(COD)
Proposal for a regulation
Article 91 – paragraph 3 – point d
Article 91 – paragraph 3 – point d
Amendment 1410 #
2011/0281(COD)
Proposal for a regulation
Article 91 – paragraph 3 – point e
Article 91 – paragraph 3 – point e
Amendment 1457 #
2011/0281(COD)
Proposal for a regulation
Article 101 – paragraph 1 h (new)
Article 101 – paragraph 1 h (new)
Article 101 h Quota allocation 1. The current quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IIIb. A revised version of the present quota system should be extended until the end of the 2019-2020 marketing year, if quotas do not end in 2015 as planned.. The revised system should allow all member states, wishing to do so, to avail of sugar quotas. Union support should be directed towards the expansion of the sugar industry in the EU and assistance should be provided for the start up costs of sugar processing in member states. 2. The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved under Article 101i. 3. In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.
Amendment 2192 #
2011/0281(COD)
Proposal for a regulation
Annex II – Part VIII – point 2 a (new)
Annex II – Part VIII – point 2 a (new)
2a. Definitions of hive products - Royal jelly: Natural substance secreted by the hypopharyngeal and mandibular glands of nurse bees (Apis mellifera). Mainly used to feed larvae and queens, it is a fresh, natural and unprocessed product. It may be filtered (without ultrafiltration), although no substance is added. - Pollen pellets: Accumulated pollen grains harvested by worker bees of the species Apis mellifera, which is compacted on their hind legs with the help of honey and/or nectar and bees' secretion. The protein source for the colony, the product is natural, free from additives and harvested at the entrance to the hive. - Bee pollen or bee bread: Pollen pellets packed into honeycomb cells by bees and which undergo natural processing leading to the presence of enzymes and commensal microbiota. It is used by nurse bees to feed the brood. It may not contain any additives except wax from the honeycomb cells. - Beeswax: Substance constituted solely from secretion of the wax glands of worker bees of the species Apis mellifera and used in the construction of honeycombs. - Propolis: Resin of exclusively natural and plant origin, harvested by worker bees of the species Apis mellifera from certain plant sources, to which their own secretion is added (primarily wax and salivary secretion) in order to be used as protection for the hive. - Bee venom: Secretion from the bee's venom gland used by bees to defend against hive attackers.
Amendment 2209 #
2011/0281(COD)
Proposal for a regulation
Annex VI – Part II – point 17 a (new)
Annex VI – Part II – point 17 a (new)
(17a) Crémant shall be white or rosé quality sparkling wine with protected designations of origin, or with a geographical indication of a third country, produced under the following conditions: (a) the grapes are harvested manually; (b) the wine is made from must obtained by pressing whole or destemmed grapes. The quantity of must obtained does not exceed 100 litres for every150 kg of grapes; (c) the maximum sulphur dioxide content does not exceed 150 mg/l; (d) the sugar content is less than 50 g/l; (e) the wine was made sparkling by a second alcoholic fermentation in the bottle; (f) the wine stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted; (g) the wine was separated from the lees by disgorging. The term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin, or the geographical indication of a third country, in question. Neither point (a) of the first paragraph nor the second paragraph shall apply to producers with trade marks including the word ‘crémant’ that were registered before 1 March 1986.
Amendment 2222 #
2011/0281(COD)
Proposal for a regulation
Annex VII – Part I – section C – paragraph 7
Annex VII – Part I – section C – paragraph 7
7. Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuantdecided in accordance with the procedure referred to in Article 59(162(2), and acidification and de- acidification of one and the same product shall be mutually exclusive processes.
Amendment 2223 #
2011/0281(COD)
Proposal for a regulation
Annex VII – Part I – section D – paragraph 1
Annex VII – Part I – section D – paragraph 1
1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 59(1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.
Amendment 2224 #
2011/0281(COD)
Proposal for a regulation
Annex VII – Part I – section D – paragraph 4
Annex VII – Part I – section D – paragraph 4
4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of sucrose, concentrated grape must or rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 59(1), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.
Amendment 2225 #
2011/0281(COD)
Proposal for a regulation
Annex VII – Part II – section C – paragraph 1
Annex VII – Part II – section C – paragraph 1
1. ‘Coupage’ shall mean the mixing of wines or musts of different origins, different vine varieties, different harvest years or different categories of wine or of must. 2. The following shall be regarded as different categories of wine or must: (a) red wine, white wine and the musts or wines suitable for yielding one of these categories of wine; (b) wines without a protected designation of origin and/or geographical indication, wines with a protected designation of origin and wines with a protected geographical indication, as well as musts or wines suitable for yielding one of these categories of wine. For the purposes of this paragraph, rosé wine shall be regarded as red wine. 3. The following processes shall not be regarded as coupage: (a) enrichment by addition of concentrated grape must or rectified concentrated grape must; (b) sweetening. 4. A wine may be obtained by blending or coupage only where the constituents of that blending or coupage possess the required characteristics for obtaining wine and comply with this Regulation. 5. Coupage of a white wine without a protected designation of origin and/or geographical indication with a red wine without a protected designation of origin and/or geographical indication may not produce a rosé wine except where the final product is intended for the preparation of a cuvée, as defined in Part III of Annex II, or for the preparation of sparkling wine. 6. Coupage of a grape must or a wine which has undergone the addition of Aleppo pine resin with a grape must or a wine which has not undergone that oenological practice shall be prohibited. 7. Coupage of a wine originating in a third country with a Union wine and coupage between wines originating in third countries shall be prohibited in the Union.
Amendment 136 #
2011/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland and pasture and permanent crops.
Amendment 154 #
2011/0280(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 166 #
2011/0280(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such a system should however take into account salaried labour intensitylabour employed, including salaries and contractor costs, to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
Amendment 173 #
2011/0280(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 177 #
2011/0280(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009in the Union, a new basic payment scheme should replace the single payment scheme established under Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers , and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments. Such a moveMember States should entailmodify their expiry of payment entitlements obtained under those Regulations and the allocation of new ones, although still based on the number of eligible hectares at the disposal of farmers in the first year of implementation of the schemeisting support systems in line with this Regulation, without necessarily abolishing their current direct payments models.
Amendment 180 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitabfairly distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equalfairer distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 2019 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
Amendment 229 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘greening’ component of direct payments which will suppfort agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsorylimate and environment practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas. The compulspasture and permanent crops, ecological focus areas, on-farm nutrient management, winter soil cover, minimum tillage ory nature of to tillage and direct drilling, biodiversity action plans and water management. Those practises should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ comp, farmers in agri-environment schemes, farmers whose holding is certified under national environment without fulfillingal certification schemes anyd further obligation, given the recognised environmental benefits of the organic farming systemsarmers with more than 70% of the eligible agricultural area covered by grassland, should benefit from the ‘greening’ component without fulfilling any further obligation. Non- respect of the ‘'greening’' component should not lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR]a reduction of the basic payment.
Amendment 274 #
2011/0280(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The creation and development of new economic activityIn order to address the challenge of inter-generational renewal in the agriculturale sector by young farmers is financially challenging and constitutes an element that should be considered in the allocation and targeting of direct payments. This development is essential for the competitiveness of the agricultural sector in the Union and, for that reason, where only 7% of the population is aged under 35 years of age, an income support to young farmers commencing their agricultural activities should be established in order to facilitate the initial establishment of young farmers and the structural adjustment of their holdings after the initial setting up. Member States should be able to use part of their national ceilings for direct payments to grant an annual area-based payment, on top of the basic payment, to young farmers. That payment should only be granted during a period of maximum five years, since it should only cover the initial period of the life of the business and should not become an operating aid.
Amendment 340 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a mandatory payment for young farmers who commence their agricultural activity;
Amendment 349 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vii
Article 1 – paragraph 1 – point b – point vii
(vii) a voluntary simplified scheme for small farmers;
Amendment 706 #
2011/0280(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 1252 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the climate and the environmentMembers States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. Farmers who fulfil the criteria of "green by definition", in accordance with Article 29(4), shall qualify ipso facto for this payment. Member States shall select four measures from the following list and farmers shall observe on their eligible hectares as defined in Article 25(2) two of the nationally or regionally selected agricultural measures:
Amendment 1290 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers between 5 and 20 hectares, and three different crops grown in rotation where the arable land of the farmer covers more than 320 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year;
Amendment 1317 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existingthe share of permanent grassland on, pasture or permanent crops in the agricultural area of their holding; and
Amendment 1337 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) to havemaintain ecological focus areas on their agricultural area.rable land where the arable land of the farmer covers more than 20 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year; or alternatively, to apply minimum soil disturbance and/or permanent soil cover;
Amendment 1345 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) on-farm nutrient management plan;
Amendment 1353 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) winter soil cover;
Amendment 1362 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) minimum tillage or no tillage and direct drilling;
Amendment 1371 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c d (new)
Article 29 – paragraph 1 – point c d (new)
(c d) biodiversity action plan;
Amendment 1374 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c e (new)
Article 29 – paragraph 1 – point c e (new)
(c e) water management.
Amendment 1386 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, and linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the threewo practises referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 30, 31 and 32..
Amendment 1408 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC or 2009/147/EC shall be entitled to the payment referred to in this Chapter provided that they observe the practises refor in protected areas covered by Directive 2000/60 or in protected areas coverred to in this Chapter to the extent that those practises are compatible in the holding concerned with the objectives of those Directivesby national legislation for the protection of the environment shall be entitled to the payment referred to in this Chapter.
Amendment 1416 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers complying with the requirements laid down inshall be entitled ipso facto to the payment referred to in this Chapter when they meet any one of the following "green by definition" criteria: - farmers in agri-environment schemes, in accordance with Article 29(1) of Regulation (ECU) No 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter. [...] [RDR] or equivalent national legislation; or, - farmers in biodiversity schemes, in accordance with national legislation; or - organic farmers, in accordance with Article 30 of Regulation (EU) No [...] [RDR]; or, - farmers whose holding is certified under national environmental certification schemes that are approved by the Commission to have at least an equivalent environmental impact of the core greening criteria; or - farmers with more than 70% of the eligible agricultural area covered by grassland.
Amendment 1514 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 3between 5 and 20 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least threetwo different crops. None of those three crops shall cover less than 5 % of the arable land and tWhere the arable land of the farmer covers more than 20 hectares and not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of three different crops in rotation. The main onecrop shall not exceed 70 % of the arable land area.
Amendment 1579 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1 b. For the purpose of this Article, a "crop" shall mean any culture listed under Annex Va.
Amendment 1597 #
2011/0280(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Permanent grassland and pasture and permanent crops
Amendment 1608 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Amendment 1641 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1665 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decreaselimit referred to in paragraph 21 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
Amendment 1697 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7When the arable land of the farmer covers more than 20 hectares, farmers shall maintain 3 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland and pasture and permanent crops, ias ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).field margins, hedgerows, internal watercourses, buffer strips, land planted with nitrogen-fixing crops, short rotation coppice, temporary grassland and afforested areas as referred to in article 25(2)(b)(ii). The inclusion of such features as ecological focus areas does not preclude these measures being aided under Regulation (EU) No [...] [RDR];
Amendment 1744 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, isthe existing ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii), and excluding areas under permanent grassland, is maintained.
Amendment 1750 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 a (new)
Article 32 – paragraph 1 – subparagraph 1 a (new)
Farmers may apply minimum soil disturbance and/or permanent soil cover as an alternative to maintaining ecological focus areas. By way of derogation, Member States may apply the 3% calculation on a regional basis, rather than at farm level.
Amendment 1802 #
2011/0280(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Amendment 1812 #
2011/0280(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Winter soil cover 1. Farmers with more than 20 hectares of arable land eligible for support under Article 25(2), shall maintain temporary cover during winter, in accordance with the following conditions: -the farmer must be able to identify the map number, method of cultivation and green area sown; Non-living mulch and/or residue cover could be considered for the purposes of this Article. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the application of the requirements set out in this Article and the time period when the temporary cover shall be applied.
Amendment 1816 #
2011/0280(COD)
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Minimum tillage or no tillage and direct drilling 1. Farmers shall maintain 20% of their eligible hectares as defined in Article 25(2), under minimum tillage or low disturbance no-tillage and direct drilling. The farmer will be required to keep detailed records including the crop sown, land map number and incorporation method used. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the application of the measure.
Amendment 1817 #
2011/0280(COD)
Proposal for a regulation
Article 32 d (new)
Article 32 d (new)
Article 32 d Biodiversity action plan 1. Farmers shall implement a biodiversity action plan to areas of their holding eligible for support as defined in Article 25(2). The plan shall identify species on the holding and species in decline with targeted habitat provision for those species in decline. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the rules concerning the application of the measure.
Amendment 1819 #
2011/0280(COD)
Proposal for a regulation
Article 32 e (new)
Article 32 e (new)
Amendment 1847 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 1958 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
Article 36 – paragraph 2 – point b a (new)
(ba) to qualify as a young farmers in the first pillar, young farmers shall meet objective and non-discriminatory criteria set by Member States, in accordance with Article 2(1) (u) of Regulation (EU) No [..] [RDR].
Amendment 1977 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – introductory part
Article 36 – paragraph 5 – subparagraph 2 – introductory part
When applying the first subparagraph, Member States shall respect the following maximum limits in the number of activated payment entitlements that are to be taken into account:fix a limit which may be up to a minimum of 50 hectares, granting flexibility to Member States to increase it above this, to reach at least 2% of the national envelope.
Amendment 1985 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point a
Article 36 – paragraph 5 – subparagraph 2 – point a
Amendment 1989 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 5 – subparagraph 2 – point b
Article 36 – paragraph 5 – subparagraph 2 – point b
Amendment 2236 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:
Amendment 2291 #
2011/0280(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annex V a List of crops as referred to in Article 30: spring common wheat or meslin seed or spelt winter common wheat or meslin seed or spelt durum wheat spring rye winter rye spring barley winter barley spring oats winter oats maize rice grain sorghum buckwheat or millet or canary seed cassava or arrowroot or salep or Jerusalem artichokes or sweet potatoes winter oilseed rape(canola) spring oilseed rape(canola) sunflower soya beans groundnuts linseed other oilseeds or oleaginous fruit lucerne or sainfoin or clover or vetches or honey lotus or chickling pea & birdsfoot peas or chickpeas or beans or lentils or other leguminous vegetables potatoes sugar beet sugar cane sweet corn hops flax hemp tobacco tomatoes onions or shallots or garlic or leeks or other alliaceous vegetables cabbages or cauliflowers or kohlrabi or kale or similar edible brassicas lettuce chicory carrots or turnips or salad beetroot, or salsify or celeriac or radishes or similar edible roots cucumbers or gherkins leguminous vegetables avocados melon or pawpaws saffron thyme or basil or melissa or mint or oregano or rosemary or sage locust beans cotton Italian ryegrass Cover crop mixes for agronomic purposes
Amendment 29 #
2011/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘A budget for Europe 2020’ recognises the role of the EGF as a flexible fund to support ailing sectors and hence keep them going, as well as supporting workers who lose their jobs and helping them to find another job as rapidly as possible. The Union should continue to provide, for the duration of the Multiannual Financial Framework from 1 January 2014 to 31 December 2020, specific, one-off support to facilitate the re- integration into employment of redundant workers in areas, sectors, territories or labour markets suffering the shock of serious economic disruption. Given its purpose, which is to provide support in situations of urgency and unexpected circumstances, the EGF should remain outside the Multiannual Financial Framework.
Amendment 34 #
2011/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In compliance with the Communication on ‘A Budget for Europe 2020’, the scope of the EGF should be broadened to facilitate the adaptation of farmers to a new market situation resulting from international trade agreements in the agricultural sector and leading to a change or a significant adjustment in the agricultural activities of the affected farmers so as to assist them to become structurally more competitive or to facilitate their transition to non- agricultural activities.
Amendment 44 #
2011/0269(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) When drawing up the coordinated package of active labour market policy measures, Member States should favour measures that will significantly contribute to the employability of the redundant workers and to the stabilisation of ailing economic sectors. Member States should strive towards the reintegration into employment or new activities of at least 50% of the targeted workers within 12 months of the date of application.
Amendment 45 #
2011/0269(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 47 #
2011/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In the interest of the redundant workers, and of ailing economic sectors, the Member States and the Union institutions involved in the EGF decision- making process should do their utmost to reduce processing time and simplify procedures.
Amendment 48 #
2011/0269(COD)
Proposal for a regulation
Article 1 — paragraph 2
Article 1 — paragraph 2
The aim of the EGF shall be to contribute to economic growth and employment growth in the Union by enabling the Union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation, trade agreements affecting agriculture, or an unexpected crisis, and to provide financial support for their rapid reintegration into employment, or for changing or adjusting their agricultural activities.
Amendment 54 #
2011/0269(COD)
Proposal for a regulation
Article 2 — paragraph 1 — point c
Article 2 — paragraph 1 — point c
(c) workers changing or adjusting their previous agricultural activities during a period starting upon initialling of the trade agreement by the Union containing trade liberalisation measures for the relevant agricultural sector and ending three years after the full implementation of these measures and provided that these trade measures lead tofarmers affected by a substantial increase in Union imports of an agricultural product or products accompanied by a significant decrease in prices of such products at the Union or, where relevant, the national or regional level.
Amendment 38 #
2011/0261(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) The definition of financial instruments in Annex I to the Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (MiFID) covers units in collective investment undertakings. This implies thatSince shares and units of undertakings for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) andre savings instruments chiefly used by small investors, they should be excluded from the scope of this Directive, unlike alternative investment funds (AIF) as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 are financial instruments. Therefore, the subscription and redemption of these instruments are transactions that should be subject to the FTT.
Amendment 83 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
a) primary market transactions referred to in point (c) of Article 5 of Commission Regulation (EC) No 1287/2006, except for the issue and redemption of shares and units of undertakings for collective investments in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and the Council and alternative investment funds (AIF) as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and the Council;
Amendment 93 #
2011/0261(CNS)
Proposal for a directive
Article 1 – paragraph 4 – point d a (new)
Article 1 – paragraph 4 – point d a (new)
d(a) the issue and redemption of shares and units of UCITS as defined in Article 1(2) of Directive 2009/65/EC.
Amendment 109 #
2011/0261(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point e
Article 2 – paragraph 1 – point 7 – point e
Amendment 112 #
2011/0261(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point f
Article 2 – paragraph 1 – point 7 – point f
Amendment 222 #
2011/0203(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Competent authorities shall ensure that institutions takeInstitutions shall consider taking appropriate steps to develop internal ratings based approaches for calculating own funds requirements for credit risk where they excessively rely on external credit assessments and where their exposures are material in absolute terms, and where they have at the same time a large number of material counterparties for which they rely on these external credit assessments.
Amendment 226 #
2011/0203(COD)
Proposal for a directive
Article 76 – paragraph 3 – subparagraph 1
Article 76 – paragraph 3 – subparagraph 1
3. EBA shall develop draft regulatory technical standards to further define the notion ‘exposures to specific risk which are material in absolute terms’ referred to in paragraph 1 and 2 and the thresholds for large numbers of material counterparties and positions in debt instruments of different issuers. EBA shall submit those draft regulatory technical standards to the Commission by 1 January 2014.
Amendment 517 #
2011/0203(COD)
Proposal for a directive
Article 130 – paragraph 4 a (new)
Article 130 – paragraph 4 a (new)
4a. Relevant credit exposures shall exclude the following exposures: a) in the case of foreign exchange transactions, exposures incurred in the ordinary course of settlement during the two working days following payment; (b) in the case of transactions for the purchase or sale of securities, exposures incurred in the ordinary course of settlement during five working days following payment or delivery of the securities, whichever the earlier; (c) in the case of the provision of money transmission including the execution of payment services, clearing and settlement in any currency and correspondent banking or financial instruments clearing, settlement and custody services to clients, delayed receipts in funding and other exposures arising from client activity which do not last longer than five business days.
Amendment 197 #
2011/0202(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) The stock of liquid assets should be available at any time to meet the liquidity outflows. The level of liquidity needs in a short term liquidity stress should be determined in a standardised manner so as to ensure a uniform soundness standard and a level playing field. It should be ensured that such a standardised determination has no unintended consequences for financial markets, credit extension and economic growth, also taking into account different business models and funding environments of credit institutions and investment firms across the Union. To this end, the liquidity coverage requirement should be subject to an observation period. Based on the observations and supported by EBA, the Commission should confirm or adjust the liquidity coverage requirement by means of a delegated actall submit a legislative proposal to the European Parliament and to the Council.
Amendment 1109 #
2011/0202(COD)
Proposal for a regulation
Article 408 – paragraph 2 a (new)
Article 408 – paragraph 2 a (new)
2a. In accordance with article 481.3 of this Regulation, the Commission shall submit by December 31st, 2014, a legislative proposal to the European Parliament and the Council to specify the treatment of products and services referred to in paragraph 2. The legislative proposal will: a) identify the products or services that shall be covered for these purposes; b) elaborate the appropriate methods to determine the outflows to be assigned.
Amendment 1110 #
2011/0202(COD)
Proposal for a regulation
Article 408 – paragraph 3
Article 408 – paragraph 3
Amendment 1195 #
2011/0202(COD)
Proposal for a regulation
Article 413 – paragraph 1
Article 413 – paragraph 1
1. Institutions shall report their capped liquidity inflows. Capped liquidity inflows shall be the liquidity inflows limited to 75% ofIn the case of a group of institutions where the parent institution complies with the obligations laid down in Articles 401 and 403 on a consolidated basis, liquidity inflows shall be capped at the group consolidated level only, and they shall be limited to 75% of the group's consolidated liquidity outflows. Institutions may exempt liquidity inflows from deposits placed with other institutions and qualifying for the treatments set out in Article 108(6) or Article 108(7) from this limit.
Amendment 1388 #
2011/0202(COD)
Proposal for a regulation
Article 444
Article 444
Amendment 1397 #
2011/0202(COD)
Proposal for a regulation
Article 445 – paragraph 2
Article 445 – paragraph 2
2. The delegation of powers referred to in Articles 441 to 4443 shall be conferred for an indeterminate period of time from the date referred to in Article 488.
Amendment 1399 #
2011/0202(COD)
Proposal for a regulation
Article 445 – paragraph 3
Article 445 – paragraph 3
3. The delegation of power referred to in Articles 441 to 4443 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 the delegated acts already in force.
Amendment 1401 #
2011/0202(COD)
Proposal for a regulation
Article 445 – paragraph 5
Article 445 – paragraph 5
5. A delegated act adopted pursuant to Articles 441 to 4443 shall enter into force only if no objection has been expressed 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 moths at the initiative of the European Parliament or the Council.
Amendment 1514 #
2011/0202(COD)
Proposal for a regulation
Article 481 – paragraph 1 – subparagraph 2 – point a
Article 481 – paragraph 1 – subparagraph 2 – point a
(a) the mechanisms restricting the value of liquidity inflows at the group's consolidated level.;
Amendment 1539 #
2011/0202(COD)
Proposal for a regulation
Article 481 – paragraph 2 a (new)
Article 481 – paragraph 2 a (new)
2 a. The Commission shall submit a legislative proposal to the European Parliament and Council to specify in detail the general requirement set out in Article 401. Such legislative proposal shall be based on the items to be reported according to Part Six, Title II. The legislative proposal shall also specify under which circumstances competent authorities have to impose specific in- and outflow levels on credit institutions in order to capture specific risks to which they are exposed.
Amendment 1540 #
2011/0202(COD)
Proposal for a regulation
Article 481 – paragraph 2 b (new)
Article 481 – paragraph 2 b (new)
2 b. For the purposes of paragraph 3 the Commission shall either individually or cumulatively assess whether a liquidity coverage requirement would have a detrimental impact on the business and risk profile of European institutions or on financial markets or the economy and shall take into account the reports referred to in paragraphs 1 and 2 of Article 481.
Amendment 1541 #
2011/0202(COD)
Proposal for a regulation
Article 481 – paragraph 2 c (new)
Article 481 – paragraph 2 c (new)
2 c. The Commission shall submit the proposal referred to in paragraph 3 at the latest by 31 December 2014
Amendment 15 #
2011/0092(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) Article 15(3) of Directive 2003/96/EC allows Member States to apply to agricultural, horticultural and piscicultural works as well as to forestry not only the provisions generally applicable to business uses but also a level of taxation down to zero. An examination of that option has revealed that as far as general energy consumption taxation is concerned its maintenance would be contrary to the Union's wider policy objectives unless it is linked to a counterpart ensuring advances in the field of energy efficiency in order to guarantee the economic viability of agricultural holdings, which already have to cope with the burden of stringent social, plant-health and environmental requirements for which the market does not provide adequate compensation. As regards CO2 -related taxation the treatment of the sectors concerned should be aligned to the rules applying to industrial sectorsexcluded, given that they capture substantial amounts of carbon through the production of biomass and that the biomass which is processed to produce first- and second-generation biofuels is an essential part of a sustainable energy mix.
Amendment 29 #
2011/0092(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Every fivthree years and for the first time by the end of 2015, the Commission should report to the European Parliament and the Council on the application of this Directive, examining in particular the minimum level of CO2-related taxation in the light of the evolution of the market price in the EU of the emission allowances, the impact of innovation and technological developments and the justification for the tax exemptions and reductions laid down in this Directive, including for fuel used for the purpose of air and maritime navigation. The list of sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage shall be the subject of regular review, in particular taking into account the availability of emerging evidence.
Amendment 52 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2003/96/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
Every fivthree years and for the first time by the end of 2015, the Commission shall submit to the Council and the European Parliament a report on the application of this Directive and, where appropriate, a proposal for its modification.
Amendment 25 #
2011/0059(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or divorce or the death of one of the spouses.
Amendment 32 #
2011/0059(CNS)
Proposal for a regulation
Article 1 – paragraph 3 – point f a (new)
Article 1 – paragraph 3 – point f a (new)
(fa) pension rights, unless the applicable national law provides for pension rights acquired during marriage to be split in the event of divorce.
Amendment 34 #
2011/0059(CNS)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) ‘marriage contract’: any agreement by which spouses, on marrying or during their marriage, organise their property relationships between themselves and in relation to third parties;
Amendment 36 #
2011/0059(CNS)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and, dated and signed by both parties, and registered in accordance with the procedure laid down in the Member State where it was concluded.
Amendment 37 #
2011/0059(CNS)
Proposal for a regulation
Article 15
Article 15
The law applicable to a matrimonial property regime under Article 16, 17 and 18 shall apply to all the couple’s common property.
Amendment 8 #
2011/0014(COD)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
Amendment 16 #
2011/0014(COD)
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
The Commission shall report yearly to the Parliament and the Council on progress made towards dissolving the EBRB by 2015 and integrating its value added operations into the EIB, preceded by a significant increase of the EIB ownership of the EBRD between 2012-1015 as called for by the EP in its resolution of 25 March 2009 on the EIB and EBRD annual reports for 20071. 1 OJ C 117 E, 6.5.2010, p. 147.
Amendment 1 #
2010/2239(INI)
Draft opinion
Recital A
Recital A
A. whereas pension system actuarial calculations are based on insured salaryies and on work period and whereas there is a significant disadvantage in the retirement amount received due to work interruptions and part- time work on one side and the gender pay gap have a negative impact on the level of retirement pensions,
Amendment 10 #
2010/2239(INI)
Draft opinion
Recital B
Recital B
B. whereas during their career women are more often interrupting their career to take care of children, or ill or elderly family members and given their family obligations, tend to take up more often the part-time and precarious job then men,tend to interrupt their work or to work part-time more often than men in order to devote themselves to their family obligations;
Amendment 14 #
2010/2239(INI)
Draft opinion
Recital C
Recital C
Amendment 16 #
2010/2239(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Having in mind that a sustainable and well functioning pension system is extremely important to the stability of public finances, calls on the Commission to promote a system which would fairly take into account full costs of pension reforms when initiating decisions linked to the excessive deficit procedures;
Amendment 19 #
2010/2239(INI)
Draft opinion
Recital D
Recital D
D. whereas equality in male and female pensions, including as regards the retirement age, has been set as a goal and whereas there is a pension gap between women and men as a continuation and consequence of the persisting gender pay gap, which is still about 17%mplies that the retirement age is the same for men and women,
Amendment 23 #
2010/2239(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that sustainable public finances require including the total of public and private debt in the assessment; recalls that pension savings are not only savings earmarked as pension; requests that the full scale of unfunded public sector pension liabilities is made transparent by including these in the government debt-to-GDP ratio;
Amendment 23 #
2010/2239(INI)
Draft opinion
Recital E
Recital E
E. whereas the legal retirement age is being postponed in most European systems and whereas women have a highermost European systems have raised the legal retirement age, or are preparing to do so, based inter alia on life expectancy than men,
Amendment 26 #
2010/2239(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 33 #
2010/2239(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 35 #
2010/2239(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the period spent by women on taking care ofs during which women interrupted their work to devote themselves to bringing up a children or otherto a dependent family members should be recognised in the calculation systems and taken into account totaken into account as effective insured periods counting towards their period of work as well as all kind of contractsnsion entitlement and for the calculation thereof; these ‘baby years’ should be at least 24 months per child;
Amendment 38 #
2010/2239(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Observes that pension reforms are necessary in the context of demographic ageing and the financial and economic crisis, but notes at the same time that the first objective of a reform should be to ensure adequate retirement income for all;
Amendment 49 #
2010/2239(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States - particularly the new Member States - to review their pension systems, taking into account the higher life expectancy of women and the major pay differentials between men and women, which are reflected in the amount of the pensions granted, often pushing them below the poverty linefollowing the 2004 enlargement - not to discriminate against women in setting the retirement age on account of the higher life expectancy of women than men;
Amendment 55 #
2010/2239(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 72 #
2010/2239(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 91 #
2010/2239(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the increase in retirement age needs to be correlated with life expectancy and working conditions;
Amendment 117 #
2010/2239(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 178 #
2010/2239(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the Commission to closely follow the implementation of this Directive, take action against Member States where justified and when reviewing the Directive to take account of the specific situation concerning the financing obligations of the employer vis-à-vis the employee or its pension fund; is of the opinion that as a principle employee's pension rights provided by employers should be fully funded and separated from that employer;
Amendment 186 #
2010/2239(INI)
Draft opinion
Paragraph 21
Paragraph 21
21. Realises that pension knowledge of employees is very limited; is of the opinion that employees need to be better informed of any pension right they build up, the conditions to which it is subject, the security and portability of this right and the possible need for further savings to reach a target level;
Amendment 191 #
2010/2239(INI)
Draft opinion
Paragraph 22
Paragraph 22
Amendment 203 #
2010/2239(INI)
Draft opinion
Paragraph 24
Paragraph 24
Amendment 1 #
2010/2112(INI)
Motion for a resolution
Recital A
Recital A
A. whereas ensuring food security for Europe's citizens and providing consumers with food at reasonablehigh-quality food at fair prices have been the core objectives of the Common Agricultural Policy (CAP) since its inception and remain key objectives of the European Union at present,
Amendment 18 #
2010/2112(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU is largely reliant on imports of protein and oleaginous products for its animal husbandry sector, not least because our producers are not allowed to use the same production methods for such products,
Amendment 20 #
2010/2112(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the estimated growth in the global population from 7 to 9.1 billion will require a 730% increase in the food supply by the year 2050, according to the FAO,
Amendment 83 #
2010/2112(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned about the level of reliance on imports of proteins and oleaginous products from third countries, which has negative consequences for the animal husbandry sector when price spikes occur; calls on the Commission to propose an action plan to gradually reduce this dependency while looking into the possibility of authorising the use of production methods brought to bear in third countries;
Amendment 2 #
2010/2105(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to the Commission staff working document on innovative financing at a global and European level (SEC(2010)0409) and the Commission Communication on the taxation of the financial sector (COM(2010)0549/5) as well as the accompanying staff working document (SEC(2010)1166),
Amendment 7 #
2010/2105(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the spectacular rise in the volume of financial transactions in the global economy within the last decade – a volume which in 2007 reached a level 73.5 times higher than nominal world GDP, mainly owing to the boom on the derivatives market - is clearly illustrating thesuggests a growing disconnection between financial transactions and the needs of the real economy,
Amendment 10 #
2010/2105(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the financial sector is heavily reliant on trading patterns, such as high- frequency trade (HFT), which are mainly targeted on short-term profits and are exposed to excessivehigh leverage, which was one of the main causes of the financial crisis; whereas this has caused excessivestrong price volatility and persistent deviations of stock and commodity prices from their fundamental levels,
Amendment 16 #
2010/2105(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in the EU in particular the cost of the bail-outs has triggered a subsequentaccelerated the occurrence of an already looming fiscal and debt crisis that, and has placed a burden on public budgets and severely endangered job creation and welfare state provision,
Amendment 25 #
2010/2105(INI)
Motion for a resolution
Recital H
Recital H
H. whereas this prompted the current debate on European economic governance, a key component of which should be measures to strengthen the coordination of taxation policies in order to safeguard tax justice and bring about a shift in the tax be inefficiency of the Stability and Growth Pact in its present form and the divergence in competitiveness between Member States prompted the curdren from labour towards activities with strong negative externalitiest debate on European economic governance,
Amendment 28 #
2010/2105(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the crisis has highlighted the need to raise new, fair and sustainable revenues, as well as to enforce existent legislation and improve the effectiveness of tax collection in order to ensure that fiscal consolidation is effectively combined with long-term economic recovery and the sustainability of public finances, job creation and social inclusion, which are key priorities of the EU 2020 agenda,
Amendment 37 #
2010/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the work carried out so far by the Commission, but deplores its obvious reluctance to make concrete proposals and its failure toand welcomes its respondse to the call made by Parliament in its resolution of March 2010 for a feasibility study on an EU-based FTTthe FTT as part of its planned impact assessment;
Amendment 40 #
2010/2105(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 52 #
2010/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the main advantage of innovative financing tools, as compared to traditional ones, is their can bring double dividend, as they can at the same time contribute to the achievement of important policy goals, such as financial market stability, and offer significant revenue potential; stresses, in this context, that the effects of these tools on the negative externalities produced by the financial sector should also be taken into account;
Amendment 53 #
2010/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the main advantage of innovative financing tools, as compared to traditional ones, is their can bring double dividend, as they can at the same time contribute to the achievement of important policy goals, such as financial market stability, and offer significant revenue potential;
Amendment 66 #
2010/2105(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the introduction of an FTT at a global level could help to tackle the growing and highlysome damaging trading patterns in financial markets, such as short-termism and automated HFT, and curb speculation; stresses that an FTT would thusmight improve market efficiency, and reduce excessive price volatility and create incentives for the financial sector to make long-term investments with added value for the real economy;
Amendment 72 #
2010/2105(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the revenue potentialcurrent revenue estimates of a low-rate FTT, which could, with its large tax base, yield nearly €200 billion per year at EU level and $650 billion at global level; considers that – would these amounts materialise - this would constitute a substantial contribution by the financial sector to the cost of the crisis and to public finance sustainability;
Amendment 76 #
2010/2105(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that there is a high risk that the momentum behNotes the rapid evolution of the debate concernindg the proposal to introduce a global FTT is about to be lost and deplores the fact that the G20 has so far been unable to promotFTT and the increasingly differentiated evaluation of the feasibility, efficiency and effectiveness of such a tax as well as the emeanrgingful joint initiatives on this matter; calls on the G20 leaders to reach an agreement discussion concerning a Financial Activities Tax (FAT); calls on the G20 leaders to give guidance on the desired future onf the minimum common elements of a global FTTse various kinds of taxation;
Amendment 77 #
2010/2105(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 88 #
2010/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that some EU Member States have already introduced similar types of transaction taxes with no apparent negative impact, while other EU Member States have experienced strong negative impacts, including massive delocalization of financial activities, a phenomenon that could only be partially reversed after the tax was abolished;
Amendment 94 #
2010/2105(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that a European FTT should only be considered if the European Commission's impact assessment concludes that this is a viable option that does not cause a significant displacement of economic activity away from the European Union;
Amendment 101 #
2010/2105(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, further, that the flow of merely speculative transactions to other jurisdictions would not have few detrimental effects, but could have the potential to contribute to increased market efficiency; also stresses that not all actions deemed to be speculation are to be condemned, rather that a broad variety of risk taking is necessary to maintain the stability of EU financial markets; recalls that the high interest rates offered on bonds in states experiencing a debt crisis are geared towards attracting the speculator's resources in order to help overcome the crisis;
Amendment 104 #
2010/2105(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that within the centralised European market central clearing and settlement services make an EU FTT technically feasible,could facilitate the introduction of an FTT that could be cheap in administrative terms and simple to implement;
Amendment 106 #
2010/2105(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the recentWelcomes the Commission Communication, which comes down against the introduction of an EU FTT not on the basis of comprehensive, evidence-based research, but on that of the general argument of the competitive disadvantage for the EU economy as a first step helping to get a grasp on this difficult and emotionally laden topic;
Amendment 109 #
2010/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. CWelcomes the fact that the recent Commission Communication has announced an impact assessment on various options for the taxation of the financial sector and calls on the Commission also to address in its feasibility study the geographical asymmetry of transactions and revenues and the possibility of a graded or differentiated rate on the basis of the asset category, the nature of the actor involved or the short-term and speculative nature of the transaction; calls on the Commission to develop follow-up proposals based on the results of its impact assessment;
Amendment 122 #
2010/2105(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes, in that context, the recent Commission proposals on OTC derivatives and short selling which impose explicit central clearing and trading repository requirements on all OTC derivatives transactions, thus making the implementation of this broad-based EU FTT futechnically feasible;
Amendment 124 #
2010/2105(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of comprehensive rules on exemptions and thresholds in order to ensure that the main burden is not transferred toInsists on examining who will eventually be paying the tax, as taxes are usually burdened on the consumer, which in this case would be retail investors and individuals;
Amendment 127 #
2010/2105(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 131 #
2010/2105(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the IMF proposal for a Financial Activities Tax (FAT), as endorsed in the recent Commission communication; stresses that an FAT is a solely revenue- oriented tax tool and therefore has no direct or indirect potential to restore mthat directly tarkget balance or to curb speculation in financial transactions; emphasises, moreover, that even if they are given the broadest possible scope FATs offer lower revenue potential than FTTs; believes, therefore, that an FAT can only be a complement to an FTTs the financial sector; notes that if well- designed, a FAT allows reaching two additional objectives of being a good proxy for value-added of the sector and to tax economic rents and excessive risk- taking; calls on the Commission to assess its potential;
Amendment 136 #
2010/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is aware of different options for the management of the additional revenues generated by the taxation of the financial sector at both national and European level; is convinced that in order to safeguard the European added value of the aforementioned innovative financing tools a substantial part of those revenues should be allocated to the EU budget to finance EU projects and policies;
Amendment 142 #
Amendment 143 #
2010/2105(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 149 #
2010/2105(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Commission to produce a feasibility assessment in order to establish in the long run a system under which Member States may participate in the issuance of common European bonds; calls for the inclusion in such an assessment of the strengths and weaknesses of all options, taking into account possible moral hazard implications for participating members;
Amendment 154 #
2010/2105(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the idea of issuing common European bondsproject bonds to be administered by the European Investment Bank to finance Europe'’s significant infrastructure needs and structural projects in the framework of the EU 2020 agenda;
Amendment 159 #
2010/2105(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 164 #
2010/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the current taxation model should fully embrace the polluter-pays principle by using innovativadequate financing tools in order to shift the tax burden on to activities which pollute the environment;
Amendment 167 #
2010/2105(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports, therefore, the introduction of a carbon tax on European sectors not covered bya strengthening of the Emissions Trading Scheme as well as a comprehensive revision of the energy taxation directive to make CO2 emissions and energy content one of the basic criteria for the taxation of energy products;
Amendment 169 #
2010/2105(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 174 #
2010/2105(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes adequate tools need to be found to impose a CO2 tax on imported products and services in order to rWarns against the risk of initiating trade wars as a resulet out competitive disadvantages for the internal marketf the imposition of a border tax based on the CO2 content of imported goods;
Amendment 177 #
2010/2105(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes thatCalls on the Commission to research the feasibility of a European carbon-added tax along the lines of VAT imposed on every product within the internal market would be the least distortive and fairest tool; suggests as an alternativealso calls on the Commission to explore the usefulness and feasibility of a Border Taxation Adjustment negotiated within the WTO framework to provide for the imposition of carbon tariffs on non-EU products imported into the internal market as an alternative to the carbon-added tax;
Amendment 181 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Understands that a Carbon Tax would be an instrument to reduce emissions rather than a long-term source of income, as this source would eventually dry up should that instrument be effective;
Amendment 184 #
2010/2105(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Points out that a common European carbon tax would have highly dissimilar effects on individual Member States; warns, in this respect,against the uneven burdens that such a tax would create;
Amendment 190 #
2010/2105(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes that there is as yet no clear idea to whom the proceedings thus collected are to be allocated;
Amendment 161 #
2010/2074(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Is of the view that the run-off factors proposed by the LCR should be calibrated in a more granular way in order to reflect the operational, legal and economic characteristics of banking products and services, e.g. the custodian banks’ activity related to the investment funds and the covered bonds;
Amendment 197 #
2010/2074(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes the concept of a "crude" LR as a possible backstop against building excessive leverage, but has strong concerns about its added value and about its potential interaction with other prudential measures like the new liquidity rules;
Amendment 218 #
2010/2074(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is, however, concerned that a crude LR may penalise entities providing traditional low-risk and liquid banking services (such as corporate and real-estate financing) or economies where the corporate sector is financed predominantly through lending;
Amendment 226 #
2010/2074(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Asks the Basel Committee and the Commission to explore alternatives to a crude LR, such as making the LR part of the CRD Pillar 2 or setting backstop leverage limits for risky business lines and portfolios;
Amendment 100 #
2010/2054(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes, in this context, Directive No 2010/41/EU and calls on the Member States to implement it effectively so as to safeguard the rights of women married to self-employed farmeras soon as possible, in particular in order to ensure: - that spouses and life partners of farmers receive social protection; - that self-employed women farmers and female spouses of farmers are guaranteed adequate maternity benefits;
Amendment 133 #
2010/2054(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a record to be compiled of previous strategies for ensuring social cover for women working in agriculture (as farmers, farm labourers, seasonal workers etc.), including the implementation of Directive No 2010/41/EU, with reference to country-specific property-law and tax- law situations, and to make this body of experience available for the purpose of developing adequate social cover for women in agriculture in the Member States;
Amendment 84 #
2010/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 89 #
2010/2037(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for the reform of audit to be embedded in the overall reform of corporate governance, of which it is an integral part that should not be dealt with in isolation but simultaneously in order to ensure genuine improvement and consistency. Notably, it is crucial to strengthen the role, communication and reporting of the audit committee in that context. Therefore calls on the Commission for both audit and corporate governance reforms to be presented to the Parliament and the Council at the same time as a package;
Amendment 85 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 3
Annex – recommendation 1 – paragraph 3
3. Attribute to the relevant supervisor the responsibility for crisis management and the approval of each bank’s contingency plan, as follows: • for Systemic Banks: the European Banking Authority (EBA) in close cooperation with the college of national supervisors and the Cross -Border Stability Groups (as defined in the above-mentioned Memorandum of Understanding of June 2008); • for all other cross border non-systemic banks: the consolidatednational supervisors within the college, under the coordination of the EBA and in consultation with the Cross -Border Stability Groups; • for local banks: the local supervisor.
Amendment 100 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – introductory part
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – introductory part
8. Expand the crisis management minimumearly intervention toolbox available to supervisors, beyond the Article 136 of Directive 2006/48/EC, to include at least the power to:
Amendment 108 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 5
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 5
Amendment 110 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 6
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 6
Amendment 115 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 7
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 7
Amendment 117 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8
Amendment 125 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8 a (new)
Annex – recommendation 1 – paragraph 8 – subparagraph 1 – indent 8 a (new)
• control the process of intra-group asset transfers;
Amendment 131 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 8 – subparagraph 2
Annex – recommendation 1 – paragraph 8 – subparagraph 2
Amendment 163 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 2
Annex – recommendation 2 – paragraph 2
2. Systemic Banks shall adhere to the new special regime which shall overcome legal impediments to effective action across borders while ensuring clear, equal and predictable treatment of shareholders, depositors, creditors and other stakeholders, in particular after intra- group asset transfers.
Amendment 208 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 3 – paragraph 2 – indent 2
Annex – recommendation 3 – paragraph 2 – indent 2
• funded ex-ante by the Systemic Banks on the basis of risk-based, countercyclical criteriaat least partially ex-ante whereby any potential bank levy will have to flow entirely into the Fund;
Amendment 237 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 4 – paragraph 1
Annex – recommendation 4 – paragraph 1
1. An independent resolution unit shall be established within the EBA to lead the resolution and insolvency procedures for Systemic Banks. This unit shall: • operate within the strict boundaries defined by theits legal framework and the EBA’s competencies; • be a pool of legal and financial expertise specially skilled in bank restructurings, turnarounds and liquidation; • cooperate closely with national authorities on implementation, technical assistance and sharing of staff; • propose the disbursements from the Stability Fund.
Amendment 244 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 4 – paragraph 1 a (new)
Annex – recommendation 4 – paragraph 1 a (new)
1a. The independent resolution unit’s toolbox should include at least the power to: • create a Bridge Bank or Good Bank/Bad Bank; • require swaps of debt into equity with appropriate haircuts; • take temporary public control; • winding-up.
Amendment 246 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 4 – paragraph 1 b (new)
Annex – recommendation 4 – paragraph 1 b (new)
1b. For banks contributing to the EU Financial Stability Fund, the powers shall include: • provision of direct loans; • injection of capital.
Amendment 9 #
2010/0821(NLE)
Draft decision
Recital 4
Recital 4
(4) The stability mechanism will provide thea necessary tool for dealing with such cases of risk to the financial stability of the euro area as a whole, or of Member Sates whose currency is the euro, as have been experienced in 2010, and hence help preserve the economic and financial stability of the Union itself. At its meeting of 16 December 2010, the European Council agreed that, as this mechanism is designed to safeguard the financial stability of the euro area as whole, Article 122(2) of the TFEU will no longer be needed for such purposes. The Heads of State or Government therefore agreed that it should not be used for such purposes.
Amendment 65 #
2010/0385(COD)
Proposal for a regulation
Article 138 - paragraph 2
Article 138 - paragraph 2
2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. These wines shall be eligible for promotion on third-country markets provided that: (a) the products are intended for direct consumption, export opportunities or potential new market outlets in the targeted third countries exist for them, and they display high added value; (b) the origin of the product is indicated as part of an information or promotion operation in the case of wine with a geographical indication; (c) the operation supported is clearly defined, including the specification of which products may be taken into account, the marketing operation and the estimated cost; (d) the support for promotion and information lasts no longer than three years for a given beneficiary in a given third country; if necessary, however, it may be extended once for a period of not more than two years; (e) the information and/or promotion messages are based on the intrinsic qualities of the wine, and comply with the legislation applicable in the third countries at which they are targeted; (f) The beneficiaries must have enough capacity to face the specific constraints of trade with third countries and have resources to ensure that the measure is implemented as effectively as possible. Member States shall in particular check that enough products in terms of quality and quantity will be available to ensure answering the market demand in the long run after the promotion operation. The beneficiaries may be private companies as well as professional organisations, producer organisations, inter-branch organisations or, where a Member State so decides, public bodies. In any event, Member States shall not make a public body the sole beneficiary of the promotion measure. Preference shall be given to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, and to collective brand names.
Amendment 67 #
2010/0385(COD)
Proposal for a regulation
Article 139 - paragraph 3 - subparagraphs 2 and 2 a (new)
Article 139 - paragraph 3 - subparagraphs 2 and 2 a (new)
The normal renewal of vineyards which have come to the end of their natural life shall not be support, in other words the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, shall not be supported. Member States may establish further specifications, especially as regards the age of the vineyards replaced.
Amendment 68 #
2010/0385(COD)
Proposal for a regulation
Article 139 - paragraph 4 - subparagraph 1 a (new)
Article 139 - paragraph 4 - subparagraph 1 a (new)
Participation in the costs of restructuring and conversion shall not cover the cost of purchasing agricultural vehicles.
Amendment 69 #
2010/0385(COD)
Proposal for a regulation
Article 139 - paragraph 6 a (new)
Article 139 - paragraph 6 a (new)
6a. Member States shall lay down rules governing the detailed scope and the levels of support to be granted. The rules may provide in particular for the payment of flat-rate amounts, for maximum levels of support per hectare and for the adjustment of support on the basis of objective criteria. In case planting rights used do not result from the restructuring operation and in order to avoid distortion of competition, the support shall be reduced accordingly to take into account the fact that the used planting rights have not caused any grubbing-up cost. The support is paid for the area planted, defined in conformity with Article 75(1) of Commission Regulation (EC)No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector.1. ___________ 1 OJ L 170, 30.6.2008, p. 1.
Amendment 70 #
2010/0385(COD)
Proposal for a regulation
Article 140 - paragraph 1 - subparagraph 1 a (new)
Article 140 - paragraph 1 - subparagraph 1 a (new)
Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered green harvesting.
Amendment 72 #
2010/0385(COD)
Proposal for a regulation
Article 140 - paragraph 4 a (new)
Article 140 - paragraph 4 a (new)
4a. The area of any parcel supported with green harvesting shall not be counted when calculating the yield limits set in the technical specifications of wines with a geographical indication.
Amendment 74 #
2010/0385(COD)
Proposal for a regulation
Article 142 - paragraph 4 a (new)
Article 142 - paragraph 4 a (new)
4 a. Harvest insurance may be introduced by the Member States in their support programmes under the following conditions: a) in relation to harvest insurance measures, Member States shall adopt detailed provisions on the implementation of those measures, including those necessary to ensure that harvest insurance measures do not distort competition in the insurance market; b) producers applying for the scheme shall make their insurance policy available to the national authorities in order to allow the Member States to comply with the condition referred to in paragraph 2; c) Member States shall fix ceilings on the amounts that may be received for the support in order to respect the conditions referred to in paragraph 3. Where appropriate, Member States may fix the level on the basis of standard costs and standard assumptions of income loss. Member States shall ensure that the calculations: i) contain only elements that are verifiable; ii) are based on figures established by appropriate expertise; iii) indicate clearly the source of the figures; iv) are differentiated to take into account regional or local site conditions as appropriate.
Amendment 75 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 1 - subparagraph 1 a (new)
Article 143 - paragraph 1 - subparagraph 1 a (new)
Costs for the development of new products, processes and technologies as referred to in point b), shall concern preparatory operations, such as design, product, process or technology development and tests and tangible and/or intangible investments related to them, before the use of the newly developed products, processes and technologies for commercial purposes.
Amendment 76 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 3
Article 143 - paragraph 3
3. Eligible expenditure shall be: a) the construction, acquisition, including leasing, or improvement of immovable property; b) the purchase or lease-purchase of new machinery and equipment, including computer software up to the market value of the asset; other costs connected with the leasing contract, such as lessor’s margin, interest refinancing costs, overheads and insurance charges, shall not be eligible expenditure; c) general costs linked to expenditure referred to in points (a), and (b), such as fees of architects and engineers and consultation fees, feasibility studies, the acquisition of patent rights and licences. By way of derogation from point (b), and only for micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC [14], Member States may, in duly substantiated cases, establish the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure. Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i.e. the improvement in terms of adjustment to market demand and increased competitiveness, is met by these investments. The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005.
Amendment 77 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 2 - subparagraph 1 a (new)
Article 143 - paragraph 2 - subparagraph 1 a (new)
The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
Amendment 78 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 3 a (new)
Article 143 - paragraph 3 a (new)
3a. The aid shall be paid to distillers that process the products delivered to distillation into raw alcohol with an alcoholic strength of at least 92 % vol.
Amendment 79 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 3 b (new)
Article 143 - paragraph 3 b (new)
Member States may provide for support to be advanced provided that the beneficiary has lodged a security.
Amendment 80 #
2010/0385(COD)
Proposal for a regulation
Article 143 - paragraph 3 c (new)
Article 143 - paragraph 3 c (new)
Amendment 81 #
2010/0385(COD)
Proposal for a regulation
Article 145 a (new)
Article 145 a (new)
Article 145 a Mutual administrative assistance The provisions of this Chapter shall not affect the application of: a) specific provisions governing relations between Member States in combating fraud in the wine sector in so far as they are such as to facilitate the application of this Regulation; (b) rules relating to: (i) criminal proceedings or mutual assistance among Member States at judicial level in criminal matters; (ii) the administrative penalties procedure.
Amendment 82 #
2010/0385(COD)
Proposal for a regulation
Article 146 - point b
Article 146 - point b
Amendment 83 #
2010/0385(COD)
Proposal for a regulation
Article 146 - point e
Article 146 - point e
Amendment 84 #
2010/0385(COD)
Proposal for a regulation
Article 146 - point g
Article 146 - point g
Amendment 85 #
2010/0385(COD)
Proposal for a regulation
Article 174 - paragraph 1 - subparagraphs 2a, 2b and 2c (new)
Article 174 - paragraph 1 - subparagraphs 2a, 2b and 2c (new)
Amendment 87 #
2010/0385(COD)
Proposal for a regulation
Article 175 - paragraph 2 - point d
Article 175 - paragraph 2 - point d
d) the demarcation of the geographical area concerned shall be established in a detailed, precise and unambiguous manner;
Amendment 88 #
2010/0385(COD)
Proposal for a regulation
Article 177 - paragraph 3 a (new)
Article 177 - paragraph 3 a (new)
3a. A Member State or third country, or the respected authorities thereof, shall not be considered an applicant.
Amendment 89 #
2010/0385(COD)
Proposal for a regulation
Article 185 - paragraph 4 a (new)
Article 185 - paragraph 4 a (new)
Amendment 90 #
2010/0385(COD)
Proposal for a regulation
Article 189 - paragraph 2 - subparagraph 1 a (new)
Article 189 - paragraph 2 - subparagraph 1 a (new)
An amendment is considered to be minor if: a) it does not relate to the essential characteristics of the product; b) it does not alter the link; c) it does not include a change in the name or any part of the name of the product; d) it does not affect the demarcated geographical area;; e) it does not entail any further restrictions on the marketing of the product.
Amendment 91 #
2010/0385(COD)
Proposal for a regulation
Article 193 - paragraph 1
Article 193 - paragraph 1
Amendment 93 #
2010/0385(COD)
Proposal for a regulation
Article 193 - paragraph 3 - point b
Article 193 - paragraph 3 - point b
Amendment 94 #
2010/0385(COD)
Proposal for a regulation
Article 193 - paragraph 3 - point f
Article 193 - paragraph 3 - point f
Amendment 95 #
2010/0385(COD)
Proposal for a regulation
Article 193 - paragraph 4
Article 193 - paragraph 4
Amendment 96 #
2010/0385(COD)
Proposal for a regulation
Article 196 a (new)
Article 196 a (new)
Article 196a Conditions of use 1. The term to be protected shall be either: (a) in the official language(s), regional language(s) of the Member State or third country where the term originates; or (b) in the language used in commerce for this term. 2. The term used in a certain language shall refer to specific products referred to in Article 173(1). 3. The term shall be registered with its original spelling(s).
Amendment 97 #
2010/0385(COD)
Proposal for a regulation
Article 196 b (new)
Article 196 b (new)
Article 196b Conditions of validity 1. The recognition of a traditional term shall be accepted if: (a) the term exclusively consists of either: (i) a name traditionally used in commerce in a large part of the territory of the Union or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); or (ii) a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 173(1); (b) the term shall : (i) not be generic; (ii) be defined and regulated in the Member State's legislation; or (iii) be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations. 2. For the purpose of paragraph (1), point (a), "traditional use" means: (a) at least five years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(a); (b) at least 15 years in case of terms filed in language(s) referred to in Article 196(a), paragraph (1)(b); 3. For the purpose of paragraph (1), point (b)(i), "generic" means the name of a traditional term although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union. 4. The condition laid down in paragraph 1(b) shall not apply to the traditional terms referred to in Article 196 point (b).
Amendment 98 #
2010/0385(COD)
Proposal for a regulation
Article 196 c (new)
Article 196 c (new)
Article 196c Applicants 1. Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 196. 2. "Representative professional organisation" shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.
Amendment 99 #
2010/0385(COD)
Proposal for a regulation
Article 196 d (new)
Article 196 d (new)
Article 196d Recognition procedure Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 196, 196a and 196b, or laid down in Article 197a(3) or Article 197b have been met. The decision on rejection shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.
Amendment 100 #
2010/0385(COD)
Proposal for a regulation
Article 197 - paragraph 2 a (new)
Article 197 - paragraph 2 a (new)
Amendment 101 #
2010/0385(COD)
Proposal for a regulation
Article 197 - paragraph 2 b (new)
Article 197 - paragraph 2 b (new)
2b.Traditional terms, which are protected in accordance with Articles 24, 28 and 29 of Regulation (EC) No 753/2002, shall automatically be protected under this Regulation, provided that: (a) a summary of the definition or the conditions of use was submitted to the Commission by 1 May 2009; (b) Member States or third countries have not ceased to protect certain traditional terms.
Amendment 102 #
2010/0385(COD)
Proposal for a regulation
Article 197 a (new)
Article 197 a (new)
Article 197a Relationship with trademarks 1. Where a traditional term is protected under this Regulation, the registration of a trademark, which corresponds to one of the situations referred to in Article 197(3), shall be refused if the application for registration of the trademark does not concern wines qualified to use such a traditional term and is submitted after the date of submission of the application for protection of the traditional term to the Commission and the traditional term is subsequently protected. Trademarks registered in breach of the first subparagraph shall be declared invalid on application in accordance with the applicable procedures as specified by Directive 2008/95/EC of the European Parliament and of the Council or Council Regulation (EC) No 40/94. 2. A trademark, which corresponds to one of the situations referred to in Article 197(3), and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark. 3. A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.
Amendment 103 #
2010/0385(COD)
Proposal for a regulation
Article 197 b (new)
Article 197 b (new)
Article 197b Homonyms 1. A term, for which an application is lodged, wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected with due regard for local and traditional usage and the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate. The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer. 2. Paragraph 1 shall apply mutatis mutandis for traditional terms protected before 1 August 2009, which are partially homonymous with a protected designation of origin or geographical indication or a wine grape variety name or its synonym listed in Annex XV.
Amendment 104 #
2010/0385(COD)
Proposal for a regulation
Article 197 c (new)
Article 197 c (new)
Article 197c Cancellation The grounds for cancelling a traditional term shall be that it no longer meets the definition laid down in Article 196 or the requirements laid down in Articles 196a and 196b, Article 197(3), Article 197a(3) or Article 197b.
Amendment 105 #
2010/0385(COD)
Proposal for a regulation
Article 197 d (new)
Article 197 d (new)
Article 197d Traditional terms in third countries 1. Article 196 shall apply mutatis mutandis to terms traditionally used in third countries in connection with wine sector products with geographical indications of the third countries concerned. 2. Wines originating in third countries whose labels bear unprotected traditional indications may use these traditional indications on wine labels in accordance with the rules applicable in the third countries concerned, including those emanating from representative professional organisations.
Amendment 106 #
2010/0385(COD)
Proposal for a regulation
Article 198 - paragraph 1
Article 198 - paragraph 1
Amendment 107 #
2010/0385(COD)
Proposal for a regulation
Article 198 - paragraph 2
Article 198 - paragraph 2
2. In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts, define the following: a) the type of applicants that may apply for the protection of a traditional term; b) the conditions of validity of an application for recognition of a traditional term; c) the grounds for objecting to a proposed recognition of a traditional term; d) the scope of the protection, including the relationship with trademarks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; e) the grounds for cancellation of a traditional term; f) the date of submission of an application or a request.
Amendment 108 #
2010/0385(COD)
Proposal for a regulation
Article 198 - paragraph 3
Article 198 - paragraph 3
Amendment 109 #
2010/0385(COD)
Proposal for a regulation
Article 202
Article 202
1. Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation of products falling under their scopes. The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. 2. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, part II to this Regulation, they must be indicated on the labelling, preceded by the term "contains". For sulphites, the following terms may be used: "sulphites", "sulfites", "sulphur dioxide" or "sulfur dioxide". 3. The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of an implementing act.
Amendment 110 #
2010/0385(COD)
Proposal for a regulation
Article 203 - paragraph 2
Article 203 - paragraph 2
2. ParBy way of déerogation aufrom paragraphe 1, point a), la référence à la(a), the reference to the catéegorie de produit de la y of the grapevigne peut être omise pour les vroduct may be omitted for wines dont l’étiquette comporte le nom d’une appellwhose labels include the name of a protected designation d’of origine protégée ou d’une indication géographique protégée or a protected geographical indication and for quality sparkling wines whose labels include the term "Sekt".
Amendment 111 #
2010/0385(COD)
Proposal for a regulation
Article 204 a (new)
Article 204 a (new)
Article 204a Indication of the holding 1. The terms referring to a holding, other than the indication of the name of the bottler, producer or vendor, and authorised under the procedure provided for in paragraph 3, shall be reserved for wines with protected designation of origin or geographical indication provided that: (a) the wine is made exclusively from grapes harvested in vineyards exploited by that holding; (b) the winemaking is entirely carried out on that holding; (c) Member States regulate the use of their respective terms, authorised under the procedure provided for in paragraph 3. Third countries shall establish the rules on use applicable to their respective terms authorised under the procedure provided for in paragraph 3, including those emanating from representative professional organisations. 2. The name of a holding may be used by other operators involved in the marketing of the product only where the holding in question agrees to that use. 3. The Commission shall authorise, by means of an implementing act, the terms referring to a holding on the basis of a request submitted by the competent authorities of a Member State or third country.
Amendment 112 #
2010/0385(COD)
Proposal for a regulation
Article 207 - paragraph 1
Article 207 - paragraph 1
1. In order to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt definitions, rules and restrictions concerning: (a) the presentation and use of labelling particulars other than those provided for in this Section; b) certain compulsory particulars, in particular: (i) terms to be used to formulate the compulsory particulars and their conditions of use; ii) terms referring to a holding and the conditions for their use; iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; iv) provisions allowing further derogations in addition to those referred to in Article 203(2) as regards the omission of the reference to the category of the grapevine product; and v) provisions on the use of languages; c(ii) provisions on indication of provenance; (b) optional particulars, in particular: (i) terms to be used to formulate the optional particulars and their conditions of use; (ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars; d(c) the presentation, in particular: (i) the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes; (ii) the conditions of use of "sparkling wine"-type bottles and closures; (iii) provisions allowing the producing Member States to establish additional rules relating to presentation; (iv) provisions on the use of languagesreplacement of certain indications by equivalent terms in another official language of the Union.
Amendment 57 #
2010/0362(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Since the quota regime will expire in 2015 there is a need to scale down the levy by 2015 in order to secure as smooth a transition as possible from the current quota system to a free market.
Amendment 210 #
2010/0362(COD)
Proposal for a regulation - amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) 1234/2007
Article 126 a – paragraph 2 a (new)
Article 126 a – paragraph 2 a (new)
Amendment 306 #
2010/0362(COD)
Proposal for a regulation - amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) 1234/2007
Article 196a – paragraph 3 – subparagraph 1
Article 196a – paragraph 3 – subparagraph 1
3. The European Parliament andor the Council may object to the delegated act within a period of twohree months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.
Amendment 27 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 e - paragraph 1
Article 112 e - paragraph 1
1. In order to take account of the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality, the Commission may, by means of delegated acts, adopt marketing standards by sector or product referred to in Article 112a, at all stages of the marketing, as well as derogations and exemptions from the application of such standards in order to adapt to the constantly changing market conditions, to the evolving consumer demands, as well as in order to take account of developments in relevant international standards and avoid creating obstacles to product innovation. That power for the Commission to adopt, to modify, to derogate and to exempt from existing marketing standards by means of delegated acts shall not apply to Annex XIIc.
Amendment 35 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 e - paragraph 2 - point d
Article 112 e - paragraph 2 - point d
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms;
Amendment 39 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 e - paragraph 2 - point g
Article 112 e - paragraph 2 - point g
(g) the type of farming and production method including oenological practices and related administrative rules, and operating circuit;
Amendment 40 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 e - paragraph 2 - point h
Article 112 e - paragraph 2 - point h
Amendment 44 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 e - paragraph 2 - point j
Article 112 e - paragraph 2 - point j
Amendment 73 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 f - paragraph 3
Article 112 f - paragraph 3
Amendment 83 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 h - paragraph 1 - subparagraph 2
Article 112 h - paragraph 1 - subparagraph 2
Where there are no methods and rules recommended and published by the OIV, corresponding methods and rules shall be adopted by the Commission as referred to in point(g) of Article 112e(2)by means of implementing acts.
Amendment 87 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 h - paragraph 2 a (new)
Article 112 h - paragraph 2 a (new)
2a. These products shall be withdrawn from the market and destroyed. However, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes. Such products may not be held without legitimate cause by producers or traders and they may be moved only to distilleries, vinegar factories, or establishments using them for industrial purposes or products or elimination plants. Member States may have denaturing agents or indicators added to wines as referred to in paragraph 1 in order to make them more easily identifiable. Where justified, they may also prohibit the uses provided for in paragraph 1 and have the products disposed of. Wine produced before 1 August 2009 may be offered or supplied for direct human consumption provided that it complies with the Union or national rules in force prior to that date.
Amendment 89 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 k - paragraph 3
Article 112 k - paragraph 3
3. Member States may allow the experimental use of unauthorised oenological practices under conditions specified by the Commission by means of delegated acts adopted pursuant to paragraph 4implementing acts.
Amendment 90 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 i - paragraph 4
Article 112 i - paragraph 4
4. In order to ensure the correct and transparent application, the Commission may, by means of delegatedimplementing acts, specify the conditions for the application of paragraphs 1, 2 and 3 as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices as referred to in paragraph 3.
Amendment 98 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i a (new)
Article 112 o - point i a (new)
(ia) authorise oenological practices in accordance with Article 112h(2);
Amendment 99 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i b (new)
Article 112 o - point i b (new)
(ib) lay down administrative rules applicable to enrichment;
Amendment 100 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i c (new)
Article 112 o - point i c (new)
(ic) lay down administrative rules applicable to acidification and deacidification;
Amendment 101 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i d (new)
Article 112 o - point i d (new)
(id) lay down administrative rules applicable to the sweetening of wine;
Amendment 102 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i e (new)
Article 112 o - point i e (new)
(ie) lay down rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation;
Amendment 103 #
2010/0354(COD)
Proposal for a regulation - amending act
Article 1 - point 2
Article 1 - point 2
Regulation (EC) No 1234/2007
Article 112 o - point i f (new)
Article 112 o - point i f (new)
(if) lay down administrative rules and general implementing measures in relation to the experimental use of unauthorised oenological practices in the Member States;
Amendment 110 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex I
Annex I
Regulation (EC) No 1234/2007
Annex XII a - Part II - point 1 - point c - indent 1
Annex XII a - Part II - point 1 - point c - indent 1
– the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from certainthe wine-growing areas of the Union, to be determined by the Commission by means of delegated acts pursuant to Article 112e(1),zones C I, C II and CIII and the areas of zone B in which white wines with the following protected geographical indications may be produced: ‘Vin de pays de Franche-Comté’ and ‘Vin de pays du Val de Loire’;
Amendment 111 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex I
Annex I
Regulation (EC) No 1234/2007
Annex XII a - Part II - point 1 - point d - paragraph 2
Annex XII a - Part II - point 1 - point d - paragraph 2
‘Retsina’ shall be wine produced exclusively in the geographical territory of Greece using grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining ‘Retsina’ wine under the conditions laid down in point A of Part III of Annex XIIc and in Greece's applicable provision.
Amendment 112 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex I
Annex I
Regulation (EC) No. 1234/2007
Annex I - Part II - point 17 a (new)
Annex I - Part II - point 17 a (new)
(17a) ‘Crémant’ ‘Crémant’ shall be white or ‘rosé’ quality sparkling wine with protected designations of origin or with a geographical indication of a third country produced under the following conditions: (a) the grapes are harvested manually; (b) the wine is made from must obtained by pressing whole or destemmed grapes. The quantity of must obtained does not exceed 100 litres for every150 kg of grapes; (c) the maximum sulphur dioxide content does not exceed 150 mg/l; (d) the sugar content is less than 50 g/l; (e) the wine was made sparkling by a second alcoholic fermentation in the bottle; (f) the wine stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted; (g) the wine was separated from the lees by disgorging. The term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin or the geographical indication of a third country in question. Points (a), (e), (f) and (g) shall not apply to producers who own trademarks containing the term ‘crémant’ registered before 1 March 1986.
Amendment 115 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex I
Annex I
Regulation (EC) No 1234/2007
Annex XII c - Part I - Section D - paragraph 1
Annex XII c - Part I - Section D - paragraph 1
1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 112e (1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. The processes referred to in Sections B and C must be carried out in a single operation. However, Member States may permit some of those processes to be carried out in more than one operation for products other than wine where this improves the vinification of the products concerned. In such cases, the limits laid down in sections B and C shall apply to the whole operation concerned.
Amendment 116 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex I
Annex I
Regulation (EC) No 1234/2007
Annex XII c - Part II - Section C
Annex XII c - Part II - Section C
C. Blending of winesCoupage and blending of wines Definition of coupage 1. ‘Coupage’ shall mean the mixing of wines or musts of different origins, different vine varieties, different harvest years or different categories of wine or of must. 2. The following shall be regarded as different categories of wine or must: (a) red wine, white wine and the musts or wines suitable for yielding one of these categories of wine; (b) wines without a protected designation of origin or geographical indication, wines with a protected designation of origin (PDO) and wines with a protected geographical indication (PGI) as well as musts or wines suitable for yielding one of these categories of wine. For the purposes of this paragraph, rosé wine shall be regarded as red wine. 3. The following processes shall not be regarded as coupage: (a) enrichment by the addition of concentrated grape must or rectified concentrated grape must; (b) sweetening. General rules on blending and coupage A wine may be obtained by blending or coupage only where the constituents of that blending or coupage possess the required characteristics for obtaining wine and comply with this Regulation. Coupage of a non-PDO/PGI white wine with a non-PDO/PGI red wine cannot produce a rosé wine, except where the final product is intended for the preparation of a “cuvée” as defined in Annex III to this Regulation or intended for the production of semi-sparkling wines. Coupage of a grape must or a wine which has undergone the addition of Aleppo pine resin with a grape must or a wine which has not undergone that practice shall be prohibited. Unless otherwise decided in accordance with Article 43(2) TFEU pursuant to the international obligations of the Union, coupage of a wine originating in a third country with a Union wine and coupage between wines originating in third countries shall be prohibited in the Union.
Amendment 117 #
2010/0354(COD)
Proposal for a regulation - amending act
Annex 1
Annex 1
Regulation (EC) No 1234/2007
Annex XII c - Part II a (new)
Annex XII c - Part II a (new)
Amendment 62 #
2010/0353(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) The role of groups and inter-sectoral organisations should be clarified and recognised. GroupsThese play an essential role in the application process for the registration of names of designations of origin and geographical indications and traditional specialities guaranteed, including amendments of specifications and cancellation requests. The group and/or inter-sectoral organisation can also develop activities related to the surveillance of the enforcement of the protection of the registered names, the compliance of the production with the product specification, the information and promotion of the registered name as well as in general any activity aiming to improve the value of the registered names and effectiveness of the quality schemes. Groups and inter-sectoral organisations should be able to implement supply regulating measures. Nevertheless, these activities should not facilitate nor lead to anti-competitive conduct incompatible with Articles 101 and 102 of the Treaty, nor should they infringe on the rights of small producers and new entrants on the market.
Amendment 223 #
2010/0353(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point d a (new)
Article 42 – paragraph 1 – point d a (new)
(da) apply for an authorisation from its Member State or region to establish a system for managing its production. With regard to that system, in order to create better conditions for the stability and functioning of the market for PDO and PGI products, either the Member States or the regions may establish rules on adjusting supply to demand in the cases where the groups responsible for the PDO and PGI formally introduce such a demand. The Commission shall be notified and may revoke at any time the authorisation of the Member States.
Amendment 216 #
2010/0281(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The scoreboard shall be made up of an array of macroeconomic and macrofinancial indicators for Member States. The Commission may set indicative lower or upper thresholds for these indicators to serve as alert levels. The thresholds applicable to Member States whose currency is the euro may be different from those applicable to the other Member States.
Amendment 298 #
2010/0281(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. If, on the basis of its in-depth review referred to in Article 5 of this Regulation, the Commission considers that a Member State is experiencing imbalances, it shall inform the European Parliament Council accordingly. The Council, on a recommendation from the Commission, mayshall address the necessary recommendations to the Member State concerned, in accordance with the procedure set out in Article 121(2) of the Treaty.
Amendment 322 #
2010/0281(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Council, on a recommendation from the Commission, mayshall adopt recommendations in accordance with Article 121(4) of the Treaty declaring the existence of an excessive imbalance and recommending the Member State concerned to take corrective action. Those recommendations shall set out the nature of the imbalances and specify the corrective action to be taken in detail and the deadline within which the Member State concerned must take such corrective action. The Council mayshall, as provided for in Article 121(4) of the Treaty, make its recommendations public.
Amendment 362 #
2010/0281(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If economic circumstances change for reasons outside the control of a Member State, the Council, on a recommendation from the Commission, may amend the recommendations adopted under Article 7 in accordance with the procedure laid down in the same Article. The Member State concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in Article 8.
Amendment 102 #
2010/0280(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The improved economic governance framework should rely on several inter- linked policies for sustainable growth and jobs, which need to be coherent with each other, namely (i) a Union strategy for growth and jobs,(ii) an effective framework for preventing and correcting excessive budgetary positions (the Stability and Growth Pact),(iii) a robust framework for preventing and correcting macro-economic imbalances focusing on vulnerabilities, competitiveness losses and high debt levels of Member States,(iv) enhanced financial market regulation and supervision (including macro-prudential supervision by the European Systemic Risk Board) and (v) a credible permanent crisis resolution mechanism.
Amendment 144 #
2010/0280(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 184 #
2010/0280(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure compliance with the fiscal surveillance framework of the Union for participating Member States, a specific enforcement mechanism should be established on the basis of Article 136 of the Treaty for cases where a persistent and significant deviation from prudent fiscal pothe implementation of the rules- based framework under the Stability and Growth Pact, the Commission and the Council shall take due account of the complementary framework of the European Financial Stability Facility (“EFSF”) or other permanent crisis mechanism set up under Article 136(3) TFEU (“European Stabilicty making prevailsMechanism”).
Amendment 222 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 1 c (new) – point b
Article 1 – point 1 c (new) – point b
Regulation (EC) No 1466/97
Article 2a – paragraph 3
Article 2a – paragraph 3
Amendment 229 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Regulation (EC) No 1466/97
Section 1A a (new)
Section 1A a (new)
Amendment 256 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 2 – subpoint b a (new)
Article 1 – point 2 – subpoint b a (new)
Regulation (EC) No 1466/97
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(ba) In Article 3, the following paragraph is inserted: "2a. The stability programme shall be based on realistic and cautious macroeconomic and budgetary forecasts using the most up-to-date information. Budgetary planning shall be based on the most likely macro-fiscal scenario or on a more prudent scenario that highlights in detail deviations from the most likely macro-fiscal scenario. The macroeconomic and budgetary forecasts shall be prepared taking into account the Commission forecasts and those of other independent bodies as appropriate. Significant divergences between the chosen macro-fiscal scenario and these forecasts shall be explained in the stability programme and shall serve as a reference when forecast errors are assessed ex post."
Amendment 326 #
2010/0280(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) no 1466/97
Article 5 – paragraph 1 – subparagraph 5 a (new)
Article 5 – paragraph 1 – subparagraph 5 a (new)
The prudent medium-term rate of GDP growth should be equal to the rate of potential growth calculated over a medium-term time horizon, decreased by a margin of safety. The rates of potential growth would be calculated at the national level, based on a standardised framework defined by the European Commission. The detailed calculations would be documented in the respective Stability [and Convergence] programmes.
Amendment 118 #
2010/0279(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To ensure equal treatment between Member States, the fine should be identicalsimilar for all Member States whose currency is the euro and equal to 0.1a minimum of 0,1% and a maximum of 0,2% of the gross domestic product (GDP) of the Member State concerned in the preceding year. depending on the severity of non-compliance with Council or Commission recommendations
Amendment 209 #
2010/0279(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The total yearly amount of fines imposed on a Member State shall not exceed 0,2% of its GDP except in cases of fines imposed for reasons stated in paragraph 4a.
Amendment 224 #
2010/0279(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. In the event that a Member State manipulates financial data, falsifies statistics or provides misleading information, the Council, acting on a proposal from the Commission, may adopt a decision requiring the Member State to pay a fine. Such a fine shall be a one-off payment of 0,2% of the GDP of the Member State concerned in the preceding year. The decision shall be deemed adopted by the Council unless it decides, by qualified majority, to reject the proposal within ten days of adoption by the Commission. The Council may amend the Commission’s proposal in accordance with Article 293(1) TFEU
Amendment 65 #
2010/0278(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The improved economic governance framework should rely on several inter- linked policies for sustainable growth and jobs, which should be coherent with each other, namely a Union strategy for growth and jobs, an effective framework for preventing and correcting excessive budgetary positions (the Stability and Growth Pact), a robust framework for preventing and correcting macro- economic imbalances focusing on vulnerabilities, competitiveness losses and high debt levels of Member States, enhanced financial market regulation and supervision (including macro-prudential supervision by the European Systemic Risk Board) as well as a credible permanent crisis resolution mechanisms.
Amendment 81 #
2010/0278(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The complete economic governance framework should complement and be compatible with a Union strategy for growth and jobs which aims at boosting the Union's competitiveness and social stability.
Amendment 82 #
2010/0278(COD)
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) The European semester for economic policy coordination should play a vital role in implementing the requirement under Article 212(1) of the Treaty on the Functioning of the European Union (TFEU) that Member States regard their economic policies as a matter of common concern and that they coordinate them accordingly. Transparency and independent oversight are an integral part of enhanced economic governance and should therefore be enhanced at European and national level. The Council and the Commission should make public and set out the reasons for their positions and decisions at appropriate stages of the economic policy coordination procedures. The national budgetary frameworks should enhance the role of independent fiscal bodies and ensure the publication of transparent fiscal statistics.
Amendment 110 #
2010/0278(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) A permanent crisis mechanism or body, managed under Union rules and financed in particular with the revenues of the fines, should be established.
Amendment 115 #
2010/0278(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Since the adoption of that European Parliament resolution, the European Council has called, in its conclusions following its meeting of 28 and 29 October 2010 as well as of 16 and 17 December 2010, to "establish a permanent crisis mechanism to safeguard the financial stability of the euro area as a whole” by amending Article 136 TFEU (the “European Stability Mechanism”)".
Amendment 139 #
2010/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Prudent and sustainable fiscal policy- making should effectively achieve and maintain the medium-term budgetary objective. Adherence to the medium-term objective for budgetary positions should allow Member States to have a safety margin with respect to the 3% of GDP reference value for the government deficit, to ensure rapid progress towards sustainability, and at the same time to have room for budgetary manoeuvre, in particular taking into account the needs for public investment.
Amendment 145 #
2010/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the preventive part of the Stability and Growth Pact, the incentive for prudent and sustainable fiscal policy-making should consist of an obligation to lodge an interest-bearing deposit temporarily imposed on a Member State whose currency is the euro that is making insufficient progress with budgetary consolidation. This should be the case when, following an initial warning from the Commission, a Member State persists in conduct which, while not amounting to a violation of the ban on excessive deficits, is imprudent and potentially detrimental to the smooth functioning of economic and monetary union, and the Council therefore issues a recommendation in accordance with Article 121(4) of the Treaty.
Amendment 159 #
2010/0278(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 168 #
2010/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The non-interest-bearing deposit should be released upon correction of the excessive deficit while the interest on such deposits and the fines collected should be distributed among Member States whose currency isallocated to the eEuro which do not have an excessive deficit and which are not the subject of an excessive imbalance procedure either.pean Financial Stability Mechanism or other permanent crisis mechanism established under Article 136(3) TFEU
Amendment 206 #
2010/0278(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a [European Stability Mechanism] A European Stability Mechanism shall be established with the aim of safeguarding financial stability of the euro area as a whole and reinforce budgetary discipline among Member States. The interest earned by the Commission on deposits lodged and fines collected in accordance with [Articles 3, 4 and 5 of this Regulation, Article 12 of Regulation (EC) No 1467/97 and Article 3 of Regulation (EU) No .../2010 on enforcement measures to correct excessive microeconomic imbalances in the euro area] shall be credited to the European Financial Stability Facility and, upon the establishment of the European Stability Mechanism or any other permanent crisis mechanism, to such Mechanism. It shall be: (a) managed under Union rules; and (b) used for the purposes of such permanent crisis mechanism. The European Stability Mechanism may have additional financial resources through contributions from Member States.
Amendment 234 #
2010/0278(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 259 #
2010/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 280 #
2010/0278(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 292 #
2010/0278(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The interest earned by the Commission on deposits lodged in accordance with Article 4 and the fines collected in accordance with Article 5 shall constitute other revenue referred to in Article 311 of the Treaty, and shall be distributed, in proportion to their share in the gross national income of the eligible Member States, among Member States whose currency is the euro which do not have an excessive deficit as determined in accordance with Article 126(6) of the Treaty and which are not the subject of an excessive imbalance procedure within the meaning of Regulation (EU) No […/…be credited to the mechanism referred to in Article [2b].
Amendment 304 #
2010/0278(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 78 #
2010/0277(NLE)
Recital 10
10. Commission forecasts provide Member States with a useful benchmark for their central scenario, enhancing the validity of the forecasts used for budgetary planning, although the extent to which Member States can be expected to take the Commission forecasts into consideration will vary according to the timing of forecast preparation and the comparability of the forecast methodologies and assumptions. Forecasts from other independent bodies, at national and/or international level (such as the International Monetary Fund or the Organisation for Economic Co- operation and Development), can provide useful benchmarks.
Amendment 125 #
2010/0277(NLE)
Article 3 – paragraph 2 – point a
(a) cash-based fiscal data at a monthly frequency, covering government with each sub-sector thereof separately identified, before the end of the following month, (or an equivalent figure from public accounting if cash- based data is not available) at the following frequencies: – monthly, for central government, extra- budgetary funds, state government and social security funds, with each sub-sector thereof separately identified, before the end of the following relevant month, and – quarterly, for local government, within one month of the end of the relevant quarter;
Amendment 131 #
2010/0277(NLE)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that fiscal planning is based on realistic macroeconomic and budgetary forecasts using the most up-to-date information. Budgetary planning shall be based on the most likely macro-fiscal scenario or on a more prudent scenario that highlights in detail deviations from the most likely macro-fiscal scenario. The macroeconomic and budgetary forecasts shall be prepared taking into account the Commission forecasts and those of other independent bodies as appropriate. Significant divergences between the chosen macro-fiscal scenario and these forecasts shall be explained.
Amendment 144 #
2010/0277(NLE)
Article 4 – paragraph 4 a (new)
4a. If, over the course of three consecutive years, the Commission's forecasts provide a significantly more accurate reflection of actual economic activity than those of participating Member States, then those Member States shall be required, subject to a Council decision to that effect, to base their budgetary planning on the Commission's forecasts or to use the forecasts of independent national bodies. The Council shall monitor the situation and shall repeal any decision adopted under the first subparagraph where it deems that the Member State is producing forecasts adequate to meeting the requirements of this Article.
Amendment 147 #
2010/0277(NLE)
Article 5 – paragraph 1 – introductory part
Member States shall have in place national binding numerical fiscal rules that effectively promote compliance with their respective obligations deriving from the Treaty in the area of budgetary policy. Such rules shall include in particular:
Amendment 181 #
2010/0277(NLE)
Article 14 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the provisions necessary to comply with this Directive by 31 December 20132 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 83 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) The improved economic governance framework should rely on several inter- linked policies for sustainable growth and jobs, which should be coherent with each other, namely a Union strategy for growth and jobs, an effective framework for preventing and correcting excessive budgetary positions (the Stability and Growth Pact), a robust framework for preventing and correcting macro- economic imbalances focusing on vulnerabilities, competitiveness losses and high debt levels of Member States, enhanced financial market regulation and supervision (including macro-prudential supervision by the European Systemic Risk Board) as well as a credible permanent crisis resolution mechanisms.
Amendment 90 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 4 b (new)
Recital 4 b (new)
(4b) The economic governance framework should complement and be compatible with a Union strategy for growth and jobs which aims at boosting the Union's competitiveness and social stability.
Amendment 95 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 4 c (new)
Recital 4 c (new)
(4c) The European semester for economic policy coordination should play a vital role in implementing the requirement under Article 212(1) of the Treaty on the Functioning of the European Union (TFEU) that Member States regard their economic policies as a matter of common concern and that they coordinate them accordingly. Transparency and independent oversight are an integral part of economic governance and should be enhanced at European and national level. The Council and the Commission should make public and set out the reasons for their positions and decisions at appropriate stages of the economic policy coordination procedures. The national budgetary frameworks should enhance the role of independent fiscal bodies and ensure the publication of transparent fiscal statistics.
Amendment 98 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 4 d (new)
Recital 4 d (new)
(4d) This Regulation should enter into force as soon as possible after its adoption. The Commission should, when making proposals for measures to implement this Regulation, take into account the current economic situation of the concerned Member States in case of severe economic downturns and all other relevant factors.
Amendment 103 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 4 e (new)
Recital 4 e (new)
(4e) Article 3 of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaties provides that Member States ensure that national procedures in the budgetary area enable them to meet their obligations in this area deriving from the Treaties. Member States whose currency is the euro should therefore anchor the objectives of the Union fiscal framework in national law, and should ensure that adequate budgetary procedures and bodies are in place to meet those objectives.
Amendment 115 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) An assessment of the sustainability of public finances, including the debt level, debt profile (including maturity), the cost of ageing and debt dynamics should be more strongly taken into account in the pace of convergence towards Member State-specific medium-term budgetary objectives to be included in the Stability and Convergence Programmes.
Amendment 118 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 5 b (new)
Recital 5 b (new)
(5b) The framework to control public and private debt should support long-term growth, and should improve preconditions for investments and develop the internal market, whilst respecting Member State’s specific priorities and needs
Amendment 130 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The establishment of the existence of an excessive deficit based on the debt criterion and the steps leading to it should be based on non-compliance with the numerical benchmark, and take into account the relevant factors covered by the Commission report under Article 126(3) TFEU.
Amendment 133 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 8
Recital 8
Amendment 158 #
2010/0276(CNS)
Proposal for a regulation – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In the implementation of the rules- based framework under the Stability and Growth Pact, the Commission and the Council shall take due account of the complementary framework of the European Financial Stability Facility (“EFSF”) or other permanent crisis mechanism set up under Article 136(3) TFEU (“European Stability Mechanism”).To the extent that Member States are eligible to have recourse to such mechanism, they may be invited by the Commission and the Council to proceed to the required application.
Amendment 174 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Regulation (EC) No 1467/97
Article 2 – paragraph 1a
Article 2 – paragraph 1a
1a. When it exceeds the reference value, the ratio of the government debt to gross domestic product (GDP) is to be considered sufficiently diminishing and approaching the reference value at a satisfactory pace in accordance with Article 126 (2) (b) of the Treaty if the differential with respect to the reference value has reduced over the previous three years at an annual rate of the order ofat least one- twentieth per year. For a period of 3 years from [the date of entering into force of this Regulation - to be inserted], account shall be taken of the backward- looking nature of this indicator in its application.
Amendment 236 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1467/97
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Council recommendation made in accordance with Article 126(7) of the Treaty shall establish a deadline of sixfour months at most for effective action to be taken by the Member State concerned. The Council recommendation shall also establish a deadline for the correction of the excessive deficit, which should be completed in the year following its identification unless there are special circumstances. In the recommendation, the Council shall request that the Member State achieves annual budgetary targets which, on the basis of the forecast underpinning the recommendation, are consistent with a minimum annual improvement of at least 0,5 % of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures, in order to ensure the correction of the excessive deficit within the deadline set in the recommendation.
Amendment 241 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 3 – point d
Article 1 – point 3 – point d
4a. Within the deadline of sixfour months at most provided for in paragraph 4, the Member State concerned shall report to the Commission and the Council on action taken in response to the Council recommendation under Article 126(7) of the Treaty. The report shall include the targets for the government expenditure and for the discretionary measures on the revenue side consistent with the Council recommendation under Article 126(7) of the Treaty, as well as information on the measures taken and the nature of those envisaged to achieve the targets. The report shall be made public.
Amendment 267 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Regulation (EC) No 1467/97
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If effective action has been taken in compliance with a notice under Article 126(9) of the Treaty and unexpected adverse economic events with major unfavourable consequences for government finances occur after the adoption of that notice, the Council may decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) of the Treaty. The revised notice, taking into account the relevant factors mentioned in Article 2(3) of this Regulation, may notably extend the deadline for the correction of the excessive deficit by one year as a rule. The Council shall assess the existence of unexpected adverse economic events with major unfavourable consequences for government finances against the economic forecasts in its notice. The Council may also decide, on a recommendation from the Commission, to adopt a revised notice under Article 126(9) of the Treaty in case of a severe economic downturn of a general nature.
Amendment 275 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 1467/97
Article 7
Article 7
7. in Article 7, the reference to ‘"If a participating Member State fails to act in compliance with the successive decisions of the Council in accordance with Article 4(2126(7) and (39) of Regulation (EC) No 3605/93’ is replaced by the reference to ‘TFEU, the decision of the Council to impose sanctions, in accordance with Article 126(11) TFEU, shall be taken as a rule within ten months of the reporting dates established in Article 3(2) and (3) of Regulation (EC) No 479/2009’. In case Article 3(5) or 5(2) of this Regulation is applied, the sixteen-month deadline is amended accordingly. An expedited procedure shall be used if the Council considers such excessive deficit was reasonably foreseeable at the date at which the budget was established. The European Parliament may invite the Member State to report to its competent committee."
Amendment 306 #
2010/0276(CNS)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1467/97
Article 16
Article 16
Fines referred to in Article 12 of this Regulation shall constitute other revenue referred to in Article 311 of the Treaty and shall be distributed among participating Member States which do not have excessive deficit as determined in accordance with Article 126(6) of the Treaty and which are not the subject of an excessive imbalance procedure within the meaning of Regulation (EU) No […/…], in proportion to their share in the total gross national income (GNI) of the eligible Member Statesbe credited to the European Financial Stability Facility or, upon its expiry, to the permanent crisis mechanism (“European Stability Mechanism”) set up under Article 136(3) TFEU ..
Amendment 243 #
2010/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) “Benchmark" means any published figure calculated by the application of a formula to the value of one or more underlying assets or prices by reference to which the amount payable under a derivative is determined.
Amendment 800 #
2010/0250(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1 a. For any derivative whose value is calculated by reference to a commercial index or other benchmark, CCPs should be permitted non-discriminatory access to information on the composition, methodology and prices of that benchmark and should be automatically granted at a commercially reasonable price, and in any event at a price no higher than the lowest price that the benchmark provider has licensed the relevant intellectual property rights to another CCP or related entity in the preceding 12 months, the intellectual property rights necessary in respect of such information to enable CCPs to clear such derivatives.
Amendment 801 #
2010/0250(COD)
Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 38 – paragraph 1 b (new)
1 b. No CCP or related entities may enter into an agreement with any benchmark provider the effect of which would be either (i) to prevent any other CCP obtaining access to such information or rights as referred to in paragraph 2; or (ii) to prevent any other CCP from obtaining access to such information or rights on terms any less advantageous than those conferred on that CCP
Amendment 60 #
2010/0208(COD)
Proposal for a regulation – amending act
Article 1 - point 1
Article 1 - point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 - point a a (new)
Article 26 b – paragraph 1 - point a a (new)
a a) those measures are adopted and made publicly available to all operators concerned, including growers, at least six months prior to the start of the growing season;
Amendment 129 #
2010/0207(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The payout delay of at maximum six weeks from 31 December 2010 , runs counter to the need to maintain depositor confidence and does not meet their needs. The payout delay should therefore be reduced to a period of one weektwenty working days.
Amendment 193 #
2010/0207(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Deposit Guarantee Schemes shall be in a position to repay unavailable deposits within 7twenty working days of the date on which the competent authorities make a determination as referred to in Article 2(1)(e)(i) or a judicial authority makes a ruling as referred to in Article 2(1)(e)(ii).
Amendment 72 #
2010/0199(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 97/9/EC
Article 2 – paragraph 2a – subparagraph 2
Article 2 – paragraph 2a – subparagraph 2
Member States shall ensure that the schemes provide coverage where financial instruments or monies are held, administered or managed for or on behalf of an investor, irrespective of the type of investment business being carried on by the firm and of whether or not the firm is acting in accordance with any restriction set out in its authorisation, provided that no direct depository relationship exists between the investor and the third-party depository institution.
Amendment 80 #
2010/0199(COD)
Proposal for a directive – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 97/9/EC
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall ensure that schemes provide for coverage of not less than EUR 50 000 for each investor in respect of the claims referred to in Article 2(2a) or (2c).
Amendment 85 #
2010/0199(COD)
Proposal for a directive – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 97/9/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 99 #
2010/0199(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 97/9/EC
Article 4a – paragraph 2 – subparagraph 1
Article 4a – paragraph 2 – subparagraph 1
2. Member States shall ensure that each scheme establishes a target fund level of at least 0.5,1% of the value of the monies and financial instruments held, administered or managed by the investment firms or UCITS that are covered by the protection of the investor compensation scheme. The value of the covered monies and financial instruments shall be calculated at least every year as at 31 JanuaryDecember.
Amendment 160 #
2010/0199(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Review of UCITS depositary By 31 December 2012 and after an open consultation with the stakeholders, the Commission shall submit to the European Parliament and Council a report analysing the situations in which the failure of a UCITS depositary or a sub- custodian could affect the value of the UCITS units or shares. That report shall also include legislative proposals if necessary.
Amendment 17 #
2010/0051(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The advisory procedure should apply in all other cases and where it is considered to be most appropriateonly for the adoption of non-binding measures.
Amendment 18 #
2010/0051(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down the rules and general principles governing the mechanisms which shall apply in cases where a legally binding Union act (hereafter “basic act”) requires that the adoption of binding or non-binding implementing acts by the Commission be subject to the control of Member States.
Amendment 19 #
2010/0051(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For all other implementing measures, and for implementing measures referred to in paragraph 2 where it is considered to be appropriate, the advisory procedure shall applyThe advisory procedure may apply only for the adoption of non-binding measures.
Amendment 20 #
2010/0051(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The committee shall deliver its opinion by a qualified majority as provided for in Article 16(4) and (5) of the Treaty onsimple majority, in accordance with Article 238(1) of the Treaty on the Functioning of the European Union.
Amendment 17 #
2009/2242(INI)
Motion for a resolution
Recital B
Recital B
Amendment 20 #
2009/2242(INI)
Motion for a resolution
Recital C
Recital C
C. whereas although the 2006-2010 Roadmap for equality has served to some extent to highlight key aspects of gender equality, actual progress has been modesis insufficient,
Amendment 23 #
2009/2242(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the current economic and social crisis ismay having particularly seriouse consequences for women, exacerbating inequalities and discriminationinter alia in relation to employment and pay,
Amendment 26 #
2009/2242(INI)
Motion for a resolution
Recital E
Recital E
E. whereas those living in poverty – more than 85 million in all – are for the most part women, a situation brought about by unemployment, casual labour, low wages, pensions below the minimum subsistence level, and the widespread difficulties of obtaining access to good public services,
Amendment 28 #
2009/2242(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in terms of average wages there is a growing gender pay gap throughout the EU, amounting on average toof more than 17%, and whereas indirect forms of discrimination tend to increase when unemployment is rising and affecting women and girls,
Amendment 33 #
2009/2242(INI)
Motion for a resolution
Recital G
Recital G
Amendment 37 #
2009/2242(INI)
Motion for a resolution
Recital H
Recital H
Amendment 43 #
2009/2242(INI)
Motion for a resolution
Recital I
Recital I
Amendment 47 #
2009/2242(INI)
Motion for a resolution
Recital K
Recital K
K. whereas 2010 is the European Year for Combating Poverty and Social Exclusion, a fact which has to be reflected in policies and concerted action aimed at bringing about real changes tothat genuinely help to improve the present situation,
Amendment 18 #
2009/2237(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Commission communication identifies scerioustain problems, such as abuse of dominant buyer power, unfair practices in contracting, restricted market access, territorial supply restrictions, lack of information on price building and the distribution of profit margins throughout the food chain, closely linked to increased concentration in the input, wholesale and retail sectorwhich can arise under certain circumstances,
Amendment 40 #
2009/2237(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises the need for a stable, secure and profitable production sector as a decisive factor in the food chain; notes also, however, that the food chain is made up of several actors – farmers, processors, manufacturers, suppliers and retailers – who all contribute added value and who equally need a certain amount of security;
Amendment 65 #
2009/2237(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to submit a legislative proposal for introducing mandatory annual reporting bystudy in which the top 20 traders, processors, wholesalers and retailers onset out their market shares (with data on private labels) for key food items and on their monthly sales volumes so as to allow all market partners to estimate trends in demand, supply and price developments in the food chain;
Amendment 86 #
2009/2237(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on national and European competition authorities to take action against abusive buyer practices of dominant processors, wholesalers and retailers which systematically put farmers in an extremely unequal bargaining position;
Amendment 97 #
2009/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit a legislative proposal onpay attention to better implementation of competition rules in the food chain so as to effectively limit the development of dominant market positions and strengthen farmers’ bargaining power through efficient producer organisations and SMEs;
Amendment 118 #
2009/2237(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 132 #
2009/2237(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 158 #
2009/2237(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the European Union to press for the creation of an independent global regulatory agency setting rules on commodity futures and options exchange and implementing strict regulatory measurestake action against global speculation on food commodities;
Amendment 167 #
2009/2237(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Council to further encourage self-regulationCalls for initiatives so as to strengthen farmers’ bargaining positions, especially through support to producer organisations;
Amendment 79 #
2009/2236(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the CAP budget must be maintained at least at its present level, including after 2013, in order to be able to meet the goals of and challenges facing European agriculture,
Amendment 90 #
2009/2236(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the production of high-quality products areis essential exports ofto the European Union and represents a very large share of its international trade; whereas the EU is exporting high-profile products with considerable economic value, and in the case of products with protected origin and geographical indications the net value of these products and foodstuffs is €14 billion a year (excluding wines and spirits, which also account for a significant share of EU exports), whereas, in order to continue developing high-quality production, account should be taken of the specific needs of these sectors with a view to preserving and developing their share of the market,
Amendment 406 #
2009/2236(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Believes that there hasve to be a minimummarket management measures acting as a safety net within the future framework of the CAP in order to manage extreme market price volatility and provide rapid and efficient responses to economic crises arising in the sector;
Amendment 419 #
2009/2236(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Considers that, in order to avoid overproduction crises and ensure fairer use of European famland, the specific tools to support production potential enjoyed by certain sectors should be maintained;
Amendment 451 #
2009/2236(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that agriculture has a leading role to play in tackling climate change by reducing GHG emissions which are not a direct result of stock farming, increasing carbon sequestration capacity and developing and using more renewable energy sources; believes that climate considerations should be integrated across CAP measures where appropriate;
Amendment 494 #
2009/2236(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Believes that the new CAP must be simple to administer and reduce red tape and administrative burdens on farmers by moving towards the use of delivery tools such as outcome agreements and simple contracts;
Amendment 539 #
2009/2236(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Insists that the CAP should not be renationalised and therefore believes that core direct support should remain fully financed by the EU budget, hence rejecting any further co-financing which could harm fair competition within the EU Single Market;
Amendment 568 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 1
Paragraph 48 – point 1
1) Believes that in order to reduce the disparities in the distribution of direct support funds between Member States, the hectare basis alone will not be sufficient and, therefore, calls for additional objective criteria such as a purchasing power coefficient such as GDP per inhabitant to be used to achieve an overall balanced distribution;
Amendment 574 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 2
Paragraph 48 – point 2
2) Calls for fair and objective criteria to be clearly defined for the allocation of funds for rural development objectives while including a parameter ‘historic budget 2007–2013’, so as to allow for a gradual transition, together with an indicator of the budget take-up rate for that period;
Amendment 752 #
2009/2236(INI)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. Stresses that developing the policy of focusing on the quality of foodstuffs, in particular through the geographical indication system (PAO/PGI), must become a key building block of the CAP which must be improved and consolidated in order to enable the EU to maintain its leading role in this area;
Amendment 754 #
2009/2236(INI)
Motion for a resolution
Paragraph 62 b (new)
Paragraph 62 b (new)
62b. Calls for provision to be made for the use of innovative management, protection and promotion mechanisms to secure and stabilise the position of these high-quality products on the market;
Amendment 755 #
2009/2236(INI)
Motion for a resolution
Paragraph 62 c (new)
Paragraph 62 c (new)
62c. Acknowledges, in particular, that measures to regulate the total production capacity for certain categories of foodstuffs may be necessary and essential to secure the sustainable development of specific high-quality products within those categories;
Amendment 770 #
2009/2236(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, amongst the current set of market tools, export refunds should continue to be phased out according to WTO agreements, provided that the principle of reciprocity is observed by the EU's main trading partners/rivals;
Amendment 774 #
2009/2236(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Believes that the design and implementation of the new CAP should have simplicity, proportionality and the reduction of bureaucracy at its heart and, therefore, calls on the Commission to use outcome agreements, simple contracts and territorial contracts where appropriate;
Amendment 1 #
2009/2204(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the world economy is facing the most severe recession since the Great Depression, with financial, economic and social consequences across the EU and beyond; whereas the economic and financial crisis in Europe is having a particularly harmful impact on women, which has so far not been given the attention it deserves by the Council, Commission and the Member States and the risk of a particularly harmful impact on women,
Amendment 3 #
2009/2204(INI)
Motion for a resolution
Recital B
Recital B
B. whereas much attention has been focused on the male-dominated construction and car industries, in contrast to the equally negatively affected retailing, services and tourism sectors; whereas it is urgent to address the gender dimension of the impact of and solution to the economic and social crisisit is urgent to address the gender dimension in national and European recovery plans,
Amendment 9 #
2009/2204(INI)
Motion for a resolution
Recital C
Recital C
Amendment 17 #
2009/2204(INI)
Motion for a resolution
Recital D
Recital D
Amendment 21 #
2009/2204(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the economic slowdown is likely to affect the employment of women more than that of men; whereas there is a risk that the current recession will delay advances, or even reverse progress, withhave longer-term consequences for the social protection systems, social inclusion and demography,
Amendment 25 #
2009/2204(INI)
Motion for a resolution
Recital F
Recital F
F. whereas gender equality measures havemust not been cancelled or delayed and possible future cuts in public budgets will have a negative effect on female employment and on the promotion of equality; whereas the proper implementation of Directive 2006/54/EC mentioned above becomes increasingly importaprofessional advancement,
Amendment 28 #
2009/2204(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the economic downturn should not be used to slow down progress on reconciliation policies and to cut budgets allocated to care services and leave arrangements, affecting in particular women’s access to the labour marketstand in the way of policies on reconciling private and working life,
Amendment 32 #
2009/2204(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Council conclusions of 30 November 200912 under the Swedish Presidency called on the Member States and the Commission to strengthen the gender dimension in the EU 2020 strategy; whereas the Commission’s EU 2020 consultation paper has failed to take this into account, as it lacks a single mention of gender mainstreaming; whereas it is, however, essential to integrate a gender perspective in a new financial and economic architecture and policy and to ensure that recovery plans and structural 1 Strengthening growth and employment - input to the post-2010 Lisbon Strategy, Employment, Social Policy, Health and Consumer Affairs Council meeting, Brussels, 30 November 2009. 2 Strengthening growth and employment - input to the post-2010 Lisbon Shat recovery plans and structural adjustment programmes undergo an impact assessment on equality of treategy, Employment, Social Policy, Health and Consumer Affairs Council meeting, Brussels, 30 November 2009. adjustment programmes undergo a gender- impact assessment and integrate a gender perspectivement and opportunities between women and men,
Amendment 34 #
2009/2204(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in times of economic recession particularly, people who are already at risk of falling into poverty become even more vulnerable; whereas efforts and complete solutions to eradicate poverty as agreed upon by the Lisbon European Council as long ago as 2000 have become a matter of urgency; whereas special attention should be paid to protecting those groups facing multiple disadvantages, and to ensure their inclusion into sociespecial attention should be paid to implementing solutions to combat poverty,
Amendment 37 #
2009/2204(INI)
Motion for a resolution
Recital J
Recital J
J. whereas quality full-time employment with quality jobs is the best safeguard against poverty and social exclusion; whereas it is crucial to design and implement policies, including access to affordable and accessible care services, that respond to the needs of women and men respectively,
Amendment 44 #
2009/2204(INI)
Motion for a resolution
Recital K
Recital K
Amendment 50 #
2009/2204(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that equality between treatment of women and men is one of the objectives of the EU and therefore aone of the key principles in any policy response to the economic and financial crisis and the transition towards a longer- term holistic version of the post-crisis era; stresses that gender equality is a goal in itself and not just a tool to achieve economic growth;
Amendment 53 #
2009/2204(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the Commission’s findings that the current crisis has raised concerns that the achievements in gender equality are at risk and that the effects of the recession will put greater pressure on women; underlines the fact that the economic and financial crisis is gendered in its causes and in its consequencesare liable to affect women in particular;
Amendment 57 #
2009/2204(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 63 #
2009/2204(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 68 #
2009/2204(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that many women have already lost or are expected to lose their jobs, particularly those working in retailing, services and tourism as well as women in part-time and precarious jobs; underlines the fact that, at the same time, a fall in the supply of micro-credit is expected to result in a decrease in earnings among self- employed women workers; stresses that female unemployment can be expected to rise disproportionately asin the event of public sector budget cuts are announced, since women are disproportionately employed in education, health and social services;
Amendment 74 #
2009/2204(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes Eurostat’s gender- disaggregated statistics; believes, however, that more attention should be paid to part- time unemployment (an area often excluded from unemployment statistics); points out that long-time unemployment, lower wages and lower average working hours are is likely to have profound consequences especially for women’s earnings, social security allowances and, in the longer run, their pensions;
Amendment 78 #
2009/2204(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that migrant workers are likewise affected by the crisis, as are their families back home; refers to the fact that the scale of female migration is often under-reported and with it the impact on families dependent on their wages for survival, as a result of which women may find themselves in an even more vulnerable position when they return home, rejected by their communities and families;
Amendment 79 #
2009/2204(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the fact that interventions and solutions require a contextual understanding of the crisis and recognition that there is not a ‘one-size- fits-all’ response; stresses that, at the same time, the recession can be used as a unique opportunityHopes that the existing situation will be used to make economic and social policies more gender-aware and to move towards creating a more gender- equal society;
Amendment 84 #
2009/2204(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Deplores the fact that policy responses to the crisis, including recovery packages, have failomitted to acknowledge, analyse and rectifynalyse the gender impact of the crisis; criticises the fact that gender mainstreaming in the post-Lisbon strategy is basically non-existent; calls on the Council, the Commission and the Member States to integratclude a gender chapter into the employment and macro-economic guidelines and the EU 2020 Strategy, and to introduce gender budgeting in all policies;
Amendment 88 #
2009/2204(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 91 #
2009/2204(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 92 #
2009/2204(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 96 #
2009/2204(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 99 #
2009/2204(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to continue to develop affordable, accessible and quality care services for children and other dependants, in line with the European targets; underlines the fact that the potential of the Structural Funds and of the European Agricultural Fund for Rural Development for the financing of quality services should be fully utilised; urges the Commission to propose a directive on paternity, adoption and filial leave;
Amendment 105 #
2009/2204(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that violence against women increases in times of economic upheaval; therefore uUrges the Member States to improve national laws and policies against all forms of gender-based violence and welcomes the Spanish Presidency’s initiative to set up an Observatory on Violence against Women; likewise; welcomes the initiative by the Council regarding the overarching instrument on the protection of victims (European Protection Order);
Amendment 110 #
2009/2204(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the European institutions and the Member States to take effective steps, notably through legislation,steps to encourage gender balance in corporate and political positions of responsibility; therefore calls for binding targets to ensure the equal representation of women and men;
Amendment 120 #
2009/2204(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 123 #
2009/2204(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 128 #
2009/2204(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that investment in social infrastructure is an opportunity to modernise Europe and promote equality and can be seen as a parallel strategy to investment in green technologies modernising the physical infrastructure; considers thatpromote gender equality, which should therefore be a policy priority and an essential tool;
Amendment 129 #
2009/2204(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 131 #
2009/2204(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out that the ecological conversion of the economy and the transition to a low-carbon economy will create a huge demand for skilled workers; refers to the fact that female workers are strongly under-represented in the renewables sector and especiallyNotes that female workers are regrettably under-represented in science and technology-intensive jobs; asks the Council, the Commission and the Member States to make sure that female workers are not excluded from training projects and programmes on ecological transformation, i.e. in the renewables sector, sciencescientific and technology- intensive jobs;
Amendment 135 #
2009/2204(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Council, the Commission and the Member States to ensurpromote full implementation at national level of European Structural Funds to address the effects of recession through retraining and upskilling initiatives on the basis of Article 16 of the General Regulation14 and Article 6 of both Regulations on the European Social Fund2 and on the European Regional Development Fund3; 1 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006), p. 25. 2 Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund (OJ L 210 , 31.07.2006, p. 12). 3 Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (OJ L 210, 31.7.2006, p. 1). 4 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006), p. 25). 5 Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund (OJ L 210 , 31.07.2006, p. 12). 6 Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund (OJ L 210, 31.7.2006, p. 1).5 and on the European Regional Development Fund6; Or. fr
Amendment 137 #
2009/2204(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 141 #
2009/2204(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages the European Institute for Gender Equality to undertake an analysis of the gender impact of the economic crisis and cCalls on the other European institutions, such as the European Foundation for the Improvement of Living and Working Conditions, to address gender issues in their ongoing work;
Amendment 73 #
2009/2202(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with great satisfaction the progress which has been made in the Animal Welfare Quality Project, as regards new science and knowledge relating to animal health indicators, bearing in mind that a healthy animal is an animal which can serve as a source of healthy food;
Amendment 186 #
2009/2202(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RecommendConsiders in this context that the principle should be that all claims concerning a product's characteristics must be provable and that if this entails excessively detailed information, which cannot be accommodated on the label, producers or vendors should afford access to the information on the Interneta scheme and labelling which were more binding would only mislead consumers;
Amendment 225 #
2009/2202(INI)
Motion for a resolution
Paragraph 15 – indent 4
Paragraph 15 – indent 4
Amendment 228 #
2009/2202(INI)
Motion for a resolution
Paragraph 15 – indent 5
Paragraph 15 – indent 5
Amendment 232 #
2009/2202(INI)
Motion for a resolution
Paragraph 15 – indent 6
Paragraph 15 – indent 6
Amendment 249 #
2009/2202(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that forced feeding of geese and ducks and plucking of down from live birds have considerable economic and cultural dimensions and that separate legislation could resolve the specific problems of these traditional production methods while favouring healthy quality products resulting from these practices;
Amendment 255 #
2009/2202(INI)
Motion for a resolution
Heading 4
Heading 4
Amendment 258 #
2009/2202(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 277 #
2009/2202(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 300 #
2009/2202(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 312 #
2009/2202(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission, in this context, to assess how the authorities in all Member States have been involved in the work of the European Union on animal welfare and if necessary propose specific measures to tackle any problems; calls on the Commission furthermore to seek to ensure that EFSA's Scientific Panel on Animal Health and Welfare (AHAW) and the working parties attached to it comprise experienced experts from all parts of the European Union;
Amendment 395 #
2009/2202(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls that diseases are by their nature not confined within national borders and stresses that common measures are therefore needed to tackle diseases - such as salmonellosis and rabies - which are passed on between human beings and animals, including pets, due to poor animal health and inadequate keeping of animals;
Amendment 46 #
2009/2174(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the EU should actively promote the improvement of the OECD standards, with the aim of making the automatic, multilateral exchange of information on demand the global standard; urges the EU, furthermore, to adopt measures that prevent abuse of the ‘residence principle’ by artificial domicile and ownership schemes allowing holding companies with no activity or shell companies to shield beneficial owners from paying taxes in their country of domicile;
Amendment 56 #
2009/2174(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the EU to examine a range of options for sanctions and incentives to promote good tax governance such as a special levy on all movements to or from non-cooperative jurisdictions, the non- recognition, within the EU, of the legal status of companies set up in non- cooperative jurisdictions and the prohibition for EU financial institutions to establish or maintain subsidiaries and branches in non-cooperative jurisdictions;
Amendment 9 #
2009/2156(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the proposed eight biophysical criteria and the proposed threshold value of 66% of the area are not anticipated to be suitable in all cases for determinhighlighting the actual handicap, as this partly depends on the crop grown,
Amendment 35 #
2009/2156(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the eight biophysical criteria proposed by the Commission may be suitable for delimiting areas with natural handicaps, without, however, forbidding Member States from having recourse to other criteria on the basis of relevant scientific data;
Amendment 49 #
2009/2156(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses, however, that in order to apply these criteria and establish realistic threshold values in practice, it is essential that the necessary biophysical data are available to the Member States with a sufficient degree of accuracy in relation to the natural environment; supports, therefore, the test of practical application of the proposed criteria introduced by the Commission; calls for the detailed maps that are to be submitted by the Member States to be used if necessary to adapt the criterialimit values of the criteria, defining areas with natural handicaps, and the proposed threshold value of 66% (to the reality in terms of the natural environment);
Amendment 64 #
2009/2156(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that fine tuning of the criteria for support fordelimitation of areas with natural handicaps tomay be necessary in order to be able to respond appropriately to particular geographical situations and crops grown and to exclude areas in which natural handicaps have been offset by human intervention; proposes that farm data (such as farm income or the costs of production) be used inter alia for this purpose; emphasises, however, that the decision on the criteria to be used for fine tuning must lie with the Member States;
Amendment 71 #
2009/2156(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the possible implementation of the eligibility rules at the farm level must remain voluntary;
Amendment 83 #
2009/2156(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the responsibility and competence of the Member States in connection with the objective designation of areas with natural handicaps and the formulation of balanced programmes for rural development; stresses at the same time the need for notification and approval of these national decisions by the Commission;
Amendment 19 #
2009/2155(INI)
Motion for a resolution
Recital F
Recital F
Amendment 37 #
2009/2155(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that CAP monitoring measures should be proportionate to risk;
Amendment 39 #
2009/2155(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the CAP to be outcome-driven rather than focused on regulation, with Member States to offering more help and advice to farmers, and believes that, to that end, a telephone helpline should be instituted in all Member States to assist farmers;
Amendment 65 #
2009/2155(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for the CAP to be simpler, more transparent and more equitable; in this respect a single flat rate payment would be preferable;
Amendment 150 #
2009/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 190 #
2009/2155(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 202 #
2009/2155(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 204 #
2009/2155(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 209 #
2009/2155(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 81 #
2009/2105(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that the current EU rules on IG should be supplemented to ensure that the role played by organisations designated or recognised by the Member States as responsible for managing, protecting and/or promoting intellectual property rights conferred by registration as a GI is fully recognised and enhanced;
Amendment 86 #
2009/2105(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. EmphasiseConsiders that, on the basis of producers’ experience, it has emerged that the management of the product quality through the PDOs and PGIs specifications, and the protection against usurpations are not sufficient for the further development of GI products; calls for an in-depth assessment to be carried out to identify suitable instruments for the management of the volume of production for PDO and PGI producttakes the view that EU legislation should be amended so as to enable Member States to authorise organisations which they designate or recognise as responsible for the management, protection and/or promotion of GIs to adapt the production potential to market demands, on the basis of fair and non-discriminatory rules;
Amendment 91 #
2009/2105(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that no additional criteria should be added to the certificregistration process for any of those instruments, but rather the aim should be simplification;
Amendment 96 #
2009/2105(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. believes that the actual EU system for the protection of GI products should be maintained and that a protection at the EU level should be accorded to all GIs. New parallel national or regional system of protection should not be established;
Amendment 109 #
2009/2105(INI)
Motion for a resolution
Paragraph 18 a(new)
Paragraph 18 a(new)
18a. Considers that the Commission should establish clear guidelines regarding the use of the names of IG products used as ingredients on the labels of processed products, so as to avoid consumers being misled;
Amendment 110 #
2009/2105(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Considers that, where a product protected by a GI is used as an ingredient, the body responsible for the GI or the competent authority should be able to lay down rules governing the use of its name in the sales names of processed products, and should be authorised to carry out specific checks to verify that the GI product's characteristics, image and reputation have not been adulterated;
Amendment 111 #
2009/2105(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Endorses the establishment of Community rules to enable GI management bodies to lay down packaging rules for their products in order to ensure that their high quality is in no way diminished;
Amendment 112 #
2009/2105(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Considers that, in view of the importance of the European market to GI producers, the Commission and the Member States should provide additional financial resources for promotion programmes within the internal market, while continuing to increase the budget for promotion campaigns in third countries;
Amendment 113 #
2009/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is against the idea that geographical indications can be replaced by trademarks, as these are fundamentally different legal instruments; stresses that the differences between trademarks and geographical indications need to be better explained; calls for effective implementation of existing Community rules making it impossible for a trademark containing or referring to PDOs/PGIs to be registered by operators who do not represent the producers' organisations for such PDOs/PGIs;
Amendment 120 #
2009/2105(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for greater protection of geographical indications - in third countries, through inclusion e WTO, both by extending protection under Article 23 of the TRIPS agreement to all GIs and by establishing a legally bin dinternational registries and international recognition within the WTO systemg multilateral register for GIs; - in third countries, by negotiating bilateral agreements, in particular with economically significant countries; supports the Commission's aim to include geographical indications within the scope of the "Anti- counterfeiting trade agreement" and in the work of the future "European observatory on counterfeiting and piracy"; considers that the Commission should work more closely with bodies representing GI producers prior to the launch of trade negotiations and during the negotiating process;
Amendment 124 #
2009/2105(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Points out that certain GIs are being systematically usurped on the territory of third countries and that this is misleading consumers and undermining the reputation of authentic products; points out that ensuring the protection of a GI in a third country is a particularly time- consuming and difficult process for producers, given that specific protection arrangements and procedures exist in each country; calls on the Commission to provide GI bodies with technical and financial support to resolve these usurpation problems;
Amendment 126 #
2009/2105(INI)
Motion for a resolution
Paragraph 22 b(new)
Paragraph 22 b(new)
22b. Believes that it is essential to intensify information and promotion campaigns regarding the sui generis protection of GIs; calls on the Commission to continue to promote the GI concept with third countries, particularly by increasing technical assistance missions in conjunction with European GI producers and/or their representative organisations;
Amendment 7 #
2009/2101(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union is currently experiencing a major economic, financial and social crisis that has specific consequences for women in the labour market and in their personal lives,
Amendment 10 #
2009/2101(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, because of gender segregation by occupation and sector, and according to the data available, the crisis initially hit men harder than women; whereas, however, the available data do not take account of part-time working, and the proportion of the female workforce in part- time employment is 31.1% as against a corresponding figure of 7.9% in the male workforce; whereas women occupy the majority of jobs in some public- service jobs and account fors, and in some Member States account for as much as two-thirds of the workforce in the education, health and social welfare sectors; whereas, therefore, theywomen in particular are likely to lose out on two fronts in the event of budget cuts with their adverse effect on public-service provision,in these sectors;
Amendment 14 #
2009/2101(INI)
Motion for a resolution
Recital C
Recital C
C. whereas women – especially single mothers and women aged over 65 – are traditionally at greater risk of poverty, andcertain categories of women are traditionally at greater risk of poverty, especially single mothers and women aged over 65 who, having taken a break from or stopped work to take on family responsibilities, are in receipt of pensions that are barely above the minimum subsistence level, and whereas their situation is liable to deteriorate in a time of recession,
Amendment 17 #
2009/2101(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the average female employment rate in 2008 was 59.1%, the steady increase in that rate since 2000 has not improved women's conditions of employments 59.1%, with widely varying levels ranging from 37.4% in Malta to 74.3% in Denmark, and women still suffer the effects of gender segregation by occupation and sector,
Amendment 19 #
2009/2101(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, since 2000, the average gender pay gap has remained stubbornly wide (between 14% and 17.4%) despite numerous measures taken by the Commission and commitments entered into by the Member States,
Amendment 23 #
2009/2101(INI)
Motion for a resolution
Recital I
Recital I
I. whereas thebetter sharing between women and men of domestic and family responsibilities, notably through greater recourse to parental and paternity leave, is a sine qua non for the advancement and achievement of gender equality,
Amendment 28 #
2009/2101(INI)
Motion for a resolution
Recital K
Recital K
K. whereas recently 58.9% of the university qualifications awarded in the Union went to women and women outnumber men in business, management and law faculties, yet they are in the minority in corporate and political positions of responsibility and political bodies; whereas few women have IT, engineering or physics degrees and women are consequently under-represented in the private sector, with its crucial role in economic recovery,
Amendment 30 #
2009/2101(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the proportion of female MEPs rose from 32.1% in the 2004-2009 parliamentary term to 35% after the elections of 7 June 2009 and there were increases, too, in the proportion of female chairs of parliamentary committees, up from 25% to 41%, and the proportion of female EP vice-presidents, up from 28.5% to 42.8%, but the number of female quaestors fell from 3 to 2,
Amendment 32 #
2009/2101(INI)
Motion for a resolution
Recital M
Recital M
M. whereas most migrant women are doubly discriminated against in the labour market – on account of both their gender and their migrant status; whereas one in five highly qualified migrants is in a low- level job and migrant women employed in the social and domesticdomestic, CHR/Horeca and agricultural sectors are particularly vulnerable,
Amendment 51 #
2009/2101(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to supply detailed statistics on how the crisis is affecting women and men, taking account of unemployment rates and trends in part- time working and in temporary and open- ended contracts, and on how policies to tackle the crisis are affecting public services;
Amendment 54 #
2009/2101(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to conduct gender-specific impact assessments before implementing austerity policies, sowhich will need to implement budgetary consolidation policies to ensure that women willare not be disproportionately affected, and calls on the Commission and the Member States to prepare – using the above-mentioned statistics and impact assessments – recovery policies that reflect the specific needs and circumstances of women and men, particularly through the use of gender mainstreaming and gender budgeting;
Amendment 65 #
2009/2101(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the average gender pay gap has remained stubbornly wide and that there are many differences among the Member States and sectors in this regard; asks the Member States, therefore, to apply Directive 2006/54/EC immediately and, in particular, to promote the principal of 'equal pay for equal work';
Amendment 68 #
2009/2101(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact thatAsks the Commission why it has not yet responded to the above- mentioned EP Resolution of 18 November 2008 with a legislative proposal for revision of the existing legislation relating to the application of the principle of equal pay for men and women; calls on the Commission, therefore, to present such a proposal without delay;
Amendment 70 #
2009/2101(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports the Commission in the infringement proceedings it is taking in relation to transposition of the directives in force; considers that the Member States which have not yet done so must transpose the gender equality directives without delay and, in particular, ensure that they are properly implemented;
Amendment 74 #
2009/2101(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 78 #
2009/2101(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to run awareness-raising campaigns in schools and workplaces in order to promote diversification of career choices, especially for girls and combat persistent sexist stereotyping, with particular emphasis on campaigns that highlight men's role in the equalbetter sharing of family responsibilities and in work-life balancing;
Amendment 82 #
2009/2101(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Congratulates the Commission on the steps it has taken and particularly on its proposals for revision of Directive 92/85/EEC in relation to maternity protection and Directive 86/613/EC in relation to self-employed workers and ‘assisting spouses’ in family businesses; highlights, once again, the need towelcomes the fact that the social partners have addressed the issue of paternity leave and asks the Commission,hopes that therir effore, to support any moves to introduce paternity- leave entitlement at European levelts will result as soon as possible in a framework agreement on the subject to give legal effect thereto;
Amendment 88 #
2009/2101(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Member States to take effective steps, notably through legislation,and the social partners to encourage a better gender balance in corporate and political positions of responsibility;
Amendment 98 #
2009/2101(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Member States to scrutinise their policies on migration in order to put the skills of highly qualified migrants to better use and to afford better protection for female workers in the social and domesticprovide social security cover for female workers in domestic and other sectors, with a view to making migrants less vulnerable andhere it is not available, with a view to promoting their integration by giving themof migrants while also ensuring that they are given access to education and training, especially vocational training and courses in the language of their host country;
Amendment 102 #
2009/2101(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that violence against women is still a major problem that needs to be eliminated using every means available to the Communities and the Member States, and once again calls on the Commission to establish a European Day for combating violence against women; congratulates the incoming Spanish Presidency of the Council on making it a priority to combat such violence and invites future Council Presidents to do likewise;
Amendment 111 #
2009/2101(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that women must have control over their sexual and reproductive rights, notably through easy access to contraception and abortion; supports, therefore – as it did in its above-mentioned Resolution of 3 September 2008 – measures and actions to improve women's access to sexual and reproductive health services and to raise their awareness of their rights and of available services; invites the Member States and the Commission to implement measures and actions to make men more aware of their responsibilities in relation to sexual and reproductive matters;
Amendment 113 #
2009/2101(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the European Institute for Gender Equality is still in the process of being established, and is eagerexpects to see it fully operational as soon as possible;
Amendment 4 #
2009/2002(BUD)
Draft opinion
Paragraph 14
Paragraph 14
14. Supports the Commission's and the European Food Safety Authority's recent undertakings in relation to identifying the causes for an alarming decline in bee numbers (colony collapse disorder) and stresses the importance of making sufficient budgetary means available to tackle this problemincreasing appropriations to improve the production and marketing of honey in order to help tackle this problem, which is crucial to maintaining sufficient pollination in the Union; reiterates its calls for the costs of combating bee diseases to be assumed within the framework of veterinary policy;
Amendment 536 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 543 #
2009/0144(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 497 #
2009/0143(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. TDecisions of the Board of Supervisors shall act on the basis of qualified majority of its members, as defined in Article 205 of the Treaty, for acts specified in Articles 7, 8 and all measures and decisions adopted under Chapter VIbe taken by simple majority of its members, according to the principle where each member has one vote.
Amendment 500 #
2009/0143(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 672 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Amendment 678 #
2009/0142(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 113 #
2009/0140(COD)
Proposal for a regulation
Article 1
Article 1
A European Systemic Risk Board, hereinafter referred to as ‘ESRB’, is established. It shall have its seat in Luxembourg.
Amendment 137 #
2009/0140(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The first Vice-Chair and the second Vice-Chair shall be elected by and from among the Members of the General Council of the ECB for the same term as that of their membership of the General Council, with regard to the need for a balanced representation of Member States and those within and outside the euro area. They may be re-elected.
Amendment 147 #
2009/0140(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a and subparagraph 1 a (new)
Article 6 – paragraph 1 – point f a and subparagraph 1 a (new)
(fa) six independent persons nominated by the other members of the General Board with voting rights and confirmed by the European Parliament and the Council. The persons referred to in point (fa) shall be chosen on the basis of their general competence and commitment to the Union and their diverse backgrounds in academic fields or in the private sector, in particular in small and medium-sized enterprises, trade unions or as providers or consumers of financial services. Before their nomination, the General Board shall indicate which person is also designated to serve on the Steering Committee. In carrying out their responsibilities, the persons appointed shall neither seek nor take instructions from any government or other institution, body, office, entity or private person. They shall refrain from any action incompatible with their duties or the performance of their tasks.
Amendment 164 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the Vice-Chair and the second Vice- Chair of the ESRB;
Amendment 170 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) five other members of the General Board who are also members of the General Council of the ECB, including the Vice-President of the ECB, with regard to the need for a balanced representation of Member States and those within and outside the euro area. They shall be elected by and from among the Members of the General Board who are also members of the General Council of the ECB for a period of twofour years.;
Amendment 171 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
Amendment 178 #
2009/0140(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) the President of the Economic and Financial Committeeree of the six independent persons referred to in Article 6(1)(fa).
Amendment 182 #
2009/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Advisory Technical Committee shall be composed of the following: (a) a representative of each national central bank and a representative of the ECB; (b) one representative per Member State of the competent national supervisory authority; (c) one representative of the European Banking Authority; (d) one representative of the European Insurance and Occupational Pensions Authority; (e) one representative of the European Securities and Markets Authority; (f) two representatives of the Commission; (g) one representative of the Economic and Financial Committee. The supervisory authorities of each Member State shall choose one representative in the Committee. When the agenda of a meeting contains points pertaining to the competence of several national supervisory authorities in the same Member State, the respective representative shall participate only for the agenda items falling under his compete15 experts with acknowledged competences and guaranteed independence proposed by the Steering Committee. They shall represent a wide range of experiences and skills. They shall be approved by the General Board for a four-year mandate, renewable once.
Amendment 193 #
2009/0140(COD)
Proposal for a regulation
Article 12 – paragraph 4 b (new)
Article 12 – paragraph 4 b (new)
4b. Where appropriate, the Advisory Scientific Committee shall propose to the General Board the organisation of consultation at an early stage with stakeholders such as market participants, consumers’ bodies, and academic experts, in an open and transparent manner, though keeping in mind the confidentiality requirement.
Amendment 175 #
2009/0064(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
Amendment 177 #
2009/0064(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
Amendment 180 #
2009/0064(COD)
Proposal for a directive
Recital 5 ca (new)
Recital 5 ca (new)
(5a) This Directive should provide for a single AIFM for each AIF managed within the scope of the Directive, which should be responsible for the compliance with the requirements of this Directive. Depending on their legal form, AIF could be either externally or internally managed. AIF should be deemed internally managed when the management functions are performed by the governing body or any other internal resource of the AIF. Where the legal form of the AIF permits an internal management and where the AIFs governing body chooses not to appoint an external AIFM, the AIF and the AIFM are identical. In that case, the AIF is also an AIFM and should therefore comply with all requirements for AIFM under this Directive and be authorised as such. An AIFM which is an internally managed AIF should however not be authorised as the external manager of one or more other AIF. An AIF should be deemed externally managed when an external legal person has been appointed as manager by the AIF or on account of the AIF (the appointed AIFM), which through this appointment is responsible for managing the portfolio of the AIF. In either case only an internally managed AIF or an external AIFM should be able to delegate the portfolio management or risk management functions to other entities in accordance with Article 18. Where an external AIFM has been appointed to perform management functions in relation to a particular AIF, it should not be deemed to be providing the investment service of portfolio management, as defined by Article 4(1)(9) of Directive 2004/39/EC on Markets in Financial Instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC10, but should instead be deemed to be providing the function of collective portfolio management in accordance with this Directive.
Amendment 204 #
2009/0064(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) AIF domiciled in the Union managed by an AIFM established in a third country which comply with the equivalent requirements of Article 39, do not have to comply with the requirements of this Directive and are not considered as self- managed AIF. Such AIF do not benefit from the passport created by the Directive but Member States may permit professional investors domiciled on their territory to invest at their own initiative in such AIF.
Amendment 219 #
2009/0064(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is necessary to ensure that AIFM operate subject to robust governance controls. AIFM should be managed and organised so as to minimise conflicts of interest. Recent developments underline the crucial need to separate asset safe- keeping and management functions, and segregate investor assets from those of the manager. To this end, the AIFM has to appoint a depositary and entrust it with the booking of investor mverifying that AIF cash is placed on deposit appropriately with oney on a segregated accountr more approved credit institutions, the safe- keeping of financial instruments and the verification of whether the AIF or the AIFM on behalf of the AIF has obtained ownership of all other assetsentitlements in them and verifying the maintenance of records demonstrating the nature and means of ownership and location of assets of the AIF.
Amendment 269 #
2009/0064(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to further the development of the internal market, to improve the product range and efficiency of AIF offered to investors established in the Union and to strengthen the European Alternative Investment Fund Industry, this Directive should encourage, wherever possible, measures that promote the creation or expansion of alternative investment fund management businesses established in the Union and the creation of AIF established in Member States. The Commission, in developing the delegated acts, should ensure that a level playing field exists and that Member States do not allow AIF and AIFM established in third countries to enjoy conditions to operate and place their products with investors established in the Union, which are more favourable than those that apply to AIF and AIFM established in the Union.
Amendment 298 #
2009/0064(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In particular the Commission should be empowered to adopt the measures necessary for the implementation of this Directive. In this respect, the Commission should be able to adopt measures determining the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in this Directive may exercise their right to be treated as AIFM covered by this Directive. These measures are also designed to specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organizational procedures in order to identify, prevent, manage and disclose conflicts of interest. They are designed to specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages as well as any arrangements needed to enable AIFM to manage the particular risks associated with short selling transactions, including any relevant restrictions that might be needed to protect the AIF from undue risk exposures. They are designed to specify the liquidity management requirements of this Directive and in particular the minimum liquidity requirements for AIF. They are designed to specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They are as well designed to specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They are designed to specify the criteria under which a valuator can be considered independent in the meaning of this Directive. They are designed to specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They are designed to specify the content and format of the annual report that AIFM have to make available for each AIF they manage and to specify the disclosure obligations of AIFM to investors and reporting requirements to competent authorities as well as their frequency. They are designed to specify the disclosure requirements imposed on AIFM as regards leverage and the frequency of reporting to competent authorities and of disclosure to investors. They are designed to setting limits to the level of leverage AIFM can employ when managing AIF They are designed to determine the detailed content and the way AIFM acquiring controlling influence in issuers and non-listed companies should fulfil their information obligation towards issuers and non-listed companies and their respective shareholders and representatives of employees, including the information to be provided in the annual reports of the AIF they manage. They are designed to specify the types of restrictions or conditions that can be imposed on the marketing of AIF to professional investor in the home Member State of the AIFM. They are designed to specify general criteria for assessing equivalence of valuation standards of third countries where the valuator is established in a third country, the equivalence of legislation of third countries regarding depositaries and, for the purpose of the authorisation of AIFM established in third countries, the equivalence of prudential regulation and ongoing supervision. They are designed to specify general criteria for assessing whether third countries grant Community AIFM effective market access comparable to that granted by the Community to AIFM from third countries. They are designed to specify the modalities, content and frequency of exchange of information regarding AIFM between the competent authorities of the home Member State of the AIFM and other competent authorities where the AIFM individually or collectively with other AIFM may have an impact on the stability of systemically relevant financial institutions and the orderly functioning of markets. They are designed to specify the procedures for on- delegated acts necessary for the implementation of this Directive in accordance with Article 290 of the Treaty designed to specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organisational procedures in order to identify, prevent, manage and disclose conflicts of interest. They should also be designed to specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages. They should also be designed to specify the liquidity management systems and procedures that AIFM are to employ. They should also be designed to specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They should also be designed to specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They should also be designed to specify the procedures for the proper valuation of the assets and shares or units of AIF. They should also be designed to specify as regards depositaries the modalities for the segregation of payments in different accounts, the notions of safe- keeping and custody, including the modalities for the segregation of financial instruments and entitlements in them in different accounts, the determination of when financial instruments or entitlements in them can be kept or maintained, are subject to regular trading and when there is a loss of financial instruments or entitlements in them, the oversight duties of depositaries, the conditions for delegation, including the due diligence duties of depositaries and the need for cooperation agreements with other jurisdictions and the conditions for approval of depositaries, including an assessment of whether the depositary can furnish sufficient financial and professional guarantees to be able effectively to perform the relevant depositary functions and meet the commitments inherent in those functions. They should also be designed to specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They should also be designed to specify the content and format of the annual report that AIFM have to make available for each AIF they manage and to specify the disclosure obligations of AIFM to investors and reporting requirements to competent authorities as well as their frequency. They should also be designed to specify the disclosure requirements imposed on AIFM, particularly with regard to leverage and the frequency and format of reporting to competent authorities and of disclosure to investors. They should also be designed to specify when leverage is considered to be employed on a systematic basis. They should also be designed to specify the principles competent authorities should use when considering implementation of limits on leverage. They should also be designed to specify the modalities, content and frequency of exchange of information regarding AIFM between the competent authorities of the home Member State of the AIFM and other competent authorities where the AIFM individually or collectively with other AIFM may have an impact on the stability of systemically relevant financial institutions and the orderly functioning of markets. They should also be designed to specify the procedures for on-the-spot verifications and investigations.
Amendment 314 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 - introductory part
Article 2 – paragraph 1 – subparagraph 1 - introductory part
1. This Directive shall apply to all AIFM established in the Community, which provide management services toUnion which manage one or more alternative investment funds (AIF), irrespective of:
Amendment 318 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point a
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) whether the AIF is domicilestablished inside or outside of the CommunityUnion;
Amendment 321 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
Amendment 326 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point ca (new)
Article 2 – paragraph 1 – subparagraph 1 – point ca (new)
(ca) whether the AIF is constituted under contract law or trust law, under statute or under any other legal form.
Amendment 328 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – point d
Article 2 – paragraph 1 – subparagraph 1 – point d
(d) the legal structure of the AIF and of the AIFM.
Amendment 330 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
In cases where the law under which the AIF is organised requires the establishment of a board of directors or any other governing body and the AIF does not designate an AIFM, then the AIF shall be considered as the AIFM for the purposes of this Directive.
Amendment 442 #
2009/0064(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) ‘Alternative investment fund’ or AIF means any collective investment undertaking, including investment compartments thereof whose object is the collective investment in assets and, (i) which raises capital from a number of investors, with a view to investing it in accordance with a defined investment policy for the benefit of those investors; and (ii) which does not require authorisation pursuant to Article 5 of Directive 2009/…65/EC [the UCITS Directive];
Amendment 447 #
2009/0064(COD)
Proposal for a directive
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) ‘established system of registration or indirect holding’ means participation in a regulated central securities depository or regulated international central securities depository by the depositary or a third- party to whom it has delegated, directly or indirectly, the functions set out in point (b) of Article 17(1) pursuant to the requirements set out in the second paragraph of Article 17(4);
Amendment 462 #
2009/0064(COD)
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) ‘management services’‘ means the activities of managing and administering one or more AIF on behalf of one or more investorsfunctions defined in the Annex;
Amendment 475 #
2009/0064(COD)
Proposal for a directive
Article 3 – point h a (new)
Article 3 – point h a (new)
Amendment 480 #
2009/0064(COD)
Proposal for a directive
Article 3 – point j a (new)
Article 3 – point j a (new)
(ja) ‘Competent authorities of a depositary’ means (i) if the depositary is a credit institution authorised under Directive 2006/48/EC, the competent authorities as defined in Article 4(4) of that Directive; (ii) if the depositary is an investment firm authorised under Directive 2004/39/EC, the home Member State as defined in Article 4(1)(22) of that Directive; (iii) if the AIF is domiciled in a third country, the national authorities of the country in which the depositary is authorised pursuant to Article 17(3)(b);
Amendment 709 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. The AIFM shall ensure th, where appropriate, for each AIF that it manages, a valuator is appointed which isensure the functional independentce of the AIFM to establish the value of assets acquired by the AIF and the value of the shares and unvaluation function and the portfolio management function in view of the nature, scale and complexitsy of the AIFeach AIF that it manages.
Amendment 724 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 - subparagraph 2
Article 16 – paragraph 1 - subparagraph 2
The valuatorion procedures used shall ensure that the assets, and shares andor units are valued at least once a year, and each time shares or units of the AIF are issued or redeemed if this is more frequent. If the AIF is of the open-ended type, such valuations shall also be carried out at a frequency which is appropriate given the specificities of the underlying assets held by the fund and its issuance and redemption policy .
Amendment 746 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 752 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where an external valuer is used, the AIFM must be able to demonstrate that such third party is qualified and capable of undertaking the functions in question, that it was selected with due care and that the AIFM is in a position to monitor effectively at any time the activity of the external valuer. The use of an external valuer shall not prevent the effectiveness of supervision by the AIFM, and, in particular, it must not prevent the AIFM from acting, or the AIF from being managed, in the best interests of its investors. Where an external valuer is not used, the competent authorities of the home Member State may require the AIFM to have its valuation procedures and/or valuations verified by an external valuer or, where appropriate, by an auditor. The home Member State may also require all valuation, whether carried out by the AIFM or by an external valuer, to be subject to oversight by the depositary.
Amendment 762 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The rules applicable to the valuation of assets and the calculation of the net asset value per unit or shareshare or unit of the AIF shall be laid down in the law of the countryMember State where the AIF is domiciled established and/or in the AIF rules or instruments of incorporation.
Amendment 775 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measures further specifying the criteria under which a valuator can be considered independent in the meaning ofdelegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria concerning the procedures for the proper valuation of the assets and shares or units of AIF and the appropriate level of functional independence of the valuation function. Such acts shall also specify the appropriate frequency of valuation to be carried out by open-ended funds given the underlying assets held by the fund and its issuance and redemption policy. The Commission shall also adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying the criteria where there is a need for external verification as referred to in paragraph 1. 2a.
Amendment 791 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For each AIF it manages, the AIFM shall ensure that a single depositary is appointed to fulfil, where relevant, the following taskdepositary functions:
Amendment 799 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) receive all payments made by investorverify that AIF cash placed on deposit is when subscribing units or shares of an AIF managed by the AIFM and book them on behalf of the AIFM in a segregated accountld with one or more approved credit institution(s), including the depositary if it is an approved credit institution;
Amendment 807 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) safe-keep any financial instruments which belong to the AIF, namely: (i) hold in custody all financial instruments that are physically delivered to the depositary; and (ii) maintain all entitlements in financial instruments credited to the AIF through an established system of registration or indirect holding. All such financial instruments are to be segregated from the assets of the depositary or any third party appointed in accordance with paragraph 4 and clearly identified on the books of the depositary or third party as belonging to the AIF;
Amendment 810 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) ensure that the financial instruments referred to in point (b) may not be re-used without prior consent from the AIFM, and such consent has not been withdrawn;
Amendment 815 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) verify whether the AIF or the AIFM on behalf of the AIF has obtained the ownership of all otherthe maintenance of records demonstrating the nature and means of ownership and location of assets of the AIF invests inother than those referred to in points (a) and (b).
Amendment 852 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. An AIFM shall not act as depositary of an AIF of which it is the AIFM.
Amendment 857 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 908 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. DThe depositaries may delegate their tasks to other depositaries. y may delegate to third parties the functions referred to in paragraph 1. The third party may in turn sub-delegate these functions. Where the depositary uses the services of a third party in furtherance of the function set out in point (b) of paragraph 1, it must determine that the following conditions are satisfied, having regard to the nature and profile of the relevant AIF: (a) the third party is subject to the adequate level of supervision in the jurisdiction concerned; (b) the third party has structures and expertise that are adequate and proportionate to the nature and scale of the entitlements in financial instruments belonging to the AIF; (c) the third party is subject to periodic audit to ensure that the financial instruments and other securities are in its possession; (d) the third party segregates the financial instruments and other securities from its own assets; and (e) the third party may not make use of the financial instruments without prior consent from the AIFM, and the depositary and such consent has not been withdrawn; in cases of sub-delegation, the required prior consent must be given by the depositary.
Amendment 925 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4 e (new)
Article 17 – paragraph 4 e (new)
4e. The depositary shall exercise all due skill, care and diligence for the selection, appointment and periodic review of any third party as referred to in paragraph 4.
Amendment 930 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
5. The depositary shall be liable to the AIFM and or the investors of the AIF for anycollectively for losses suffered by them as a result of its unjustifiable failure to perform or of its improper performance of its obligations pursuant to this Directiveparagraphs 1, 2, 4 and 4a.
Amendment 936 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2
Article 17 – paragraph 5 – subparagraph 2
Amendment 943 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2 a (new)
Article 17 – paragraph 5 – subparagraph 2 a (new)
In the event of loss of financial instruments held in custody in accordance with point (b)(i) of paragraph 1, or due to the depositary’s unjustifiable failure to maintain entitlements to financial instruments according to point (b)(ii) of paragraph 1, the depositary shall return the assets or the corresponding amount to the AIF without undue delay. In the event of delegation to a third party in accordance with paragraph 4, the depositary may discharge itself of this liability if it can prove that it has fulfilled its obligations pursuant to paragraphs 4 and 4a. However, where the depositary is so discharged, unless the AIF may do so itself under applicable law and market practice, the depositary shall take such action against the third party as may be reasonably required under the circumstances in order to recover for the AIF the lost financial instruments (with reasonable costs and expenses incurred by the depositary to be borne by the AIF).
Amendment 961 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3
Article 17 – paragraph 5 – subparagraph 3
Amendment 966 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3 a (new)
Article 17 – paragraph 5 – subparagraph 3 a (new)
Liability under paragraph 4b and under this paragraph shall not apply in circumstances beyond the control of the depositary, including, inter alia, force majeure, market conditions, terms or conditions imposed by market infrastructure organisations or by participation in market infrastructure systems.
Amendment 972 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. The depositary shall make available on request to the competent authorities of its home Member State all information which it has obtained while undertaking its duties and that may be necessary for the competent authorities to supervise the AIFM. If the home Member State of the AIFM is different from that of the depositary, the competent authorities of the home Member State of the depositary shall share the information received without delay with the competent authorities of the home Member State of the AIFM.
Amendment 979 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 f (new)
Article 17 – paragraph 5 f (new)
5f. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying: (a) the means and methods for placing deposits with approved credit institutions; (b) the functions of safe-keeping and custody, including the means and methods for the segregation of financial instruments in different accounts and when there is a loss of financial instruments; (c) the conditions for delegation, including the due diligence duties of depositaries and the need for cooperation agreements with other jurisdictions; (d) the conditions for approval of depositaries, including an assessment of whether the depositary can provide sufficient financial and professional guarantees to be able to effectively perform the relevant depositary functions and meet the commitments inherent to those functions. These acts, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union.
Amendment 985 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
1. AIFM which intend to delegate to third parties the task of carrying out on their behalf one or more of their own functions shall request prior authorisation fromnotify the competent authorities of the home Member State befor eache the delegation arrangements become effective.
Amendment 988 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point a
Article 18 – paragraph 1 – subparagraph 2 – point a
(a) the third party must be creditworthy and the persons who effectively conduct the business of the third party must be of sufficiently good repute and sufficiently experienced;
Amendment 994 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point b
Article 18 – paragraph 1 – subparagraph 2 – point b
(b) where the delegation concerns the portfolio management or the risk management, the third party must also be authorised as an AIFM to manage an AIF of the same typemandate shall be given only to undertakings which are authorised or registered for the purpose of asset management and subject to supervision; where this condition cannot be satisfied, delegation may only be given on the condition of prior authorisation by the competent authorities of the home Member State. Where the third party is established in a third country, it must comply with the conditions set out in Article 39;
Amendment 999 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point b a (new)
Article 18 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) where the delegation concerns the portfolio management or the risk management and is given to a third- country undertaking, in addition to the requirement in point (b), co-operation between the competent authorities of the home Member State and the supervisory authority of the undertaking shall be ensured;
Amendment 1000 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point b b (new)
Article 18 – paragraph 1 – subparagraph 2 – point b b (new)
(bb) where the delegation concerns administration services to AIF referred to in Item 2. of Annex I, the mandate shall be given only to undertakings which are authorised or registered for the relevant purpose and subject to supervision in their home Member State; where this condition cannot be satisfied, delegation may only be given on the condition of prior authorisation by the competent authorities of the home Member State;
Amendment 1001 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point c
Article 18 – paragraph 1 – subparagraph 2 – point c
(c) the delegation shall not prevent the effectiveness of supervision of the AIFM, and in particular it must not prevent the AIFM from acting, or the AIF from being managed, in the best interests of the AIF or its investors collectively;
Amendment 1002 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point d
Article 18 – paragraph 1 – subparagraph 2 – point d
(d) the AIFM must be able to demonstrate that the third party is qualified and capable of undertaking the functions in question, that it was selected with due care and that the AIFM is in a position to monitor effectively at any time the delegated activity, to give at any time further instructions to the third party and to withdraw the delegation with immediate effect when this is in the interest of investors collectively.
Amendment 1006 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
No delegation shall be given to the depositary, the valuator, of investment management services referred to in Item 1. of Annex I shall be given to the depositary or to a delegate of the depositary nor to any other undertaking whose interests may conflict with those of the AIFM or itsthe investors of the AIF unless those conflicts can be managed.
Amendment 1010 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In no case shall the AIFM's liability be affected by the fact that the AIFM has delegatedThe liability of the AIFM shall not be affected by delegation by the AIFM of any functions to a third party, nor shall the AIFMies. The AIFM shall not delegate its functions to the extent that, in essence, it can no longer be considered to be the manager of the AIFt becomes a letter-box entity.
Amendment 1019 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The third party may not sub-delegate any of the functions delegated to it provided that the conditions laid down in paragraph 1 are fulfilled.
Amendment 1023 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 1557 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 –introductory part
Article 39 – paragraph 1 –introductory part
1. Member States may authorise, in accordance with this Direcpermit professional investors in the Union to invest, on their own initiative, in AIFM established in a third country to market units or shares of an AIF to professional investorswithin the Union or in a third country and managed by an AIFM established in a the Communitird country under the conditions of this Directive, provided that:
Amendment 1663 #
2009/0064(COD)
Proposal for a directive – amending act
Article 54 – paragraph 1 – subparagraph 2 a (new)
Article 54 – paragraph 1 – subparagraph 2 a (new)
During that three-year period, Member States may permit professional investors in the Union to invest, on their own initiative, in AIF that are established within the Union or in a third country and managed by an AIFM established in a third country, without fulfilling the conditions set out in Article 39.
Amendment 1664 #
2009/0064(COD)
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
Amendment 17 #
2009/0004(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) TheA Member States should be able to choose to exchange automatically any information where a Member State has grounds to believe that a failure of compliance with tax laws has been committed or is likely to have been committed in the other Member State, where there is a risk of inappropriate taxation in the other Member State, or where tax has been or may be evaded or avoided for any reason in the other Member State, and especially where there is an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages.
Amendment 20 #
2009/0004(CNS)
Proposal for a directive
Recital 20
Recital 20
Amendment 21 #
2009/0004(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. “optional automatic exchange” means the systematic communication of predefined information to another Member State, without prior request, at pre- established regular intervals or as and when that information becomes available and which a Member State may opt into;
Amendment 22 #
2009/0004(CNS)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. “by electronic means” means using electronic equipment for the processing, including digital compression, and storage of data, and employing wires, radio transmission, optical technologies or other electromagnetic means where such means can be conducted while guaranteeing secure protection of information;
Amendment 24 #
2009/0004(CNS)
Proposal for a directive
Section II – title
Section II – title
Optional Automatic Exchange of Information
Amendment 26 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authority of each Member States shall may, by automatic exchange, forward information on specific categories of income and capital to the other Member States, where there are reasonable grounds for believing that such an exchange will prevent tax evasion.
Amendment 32 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In addition to the categories of income and capital referred to in paragraph 2, the competent authority of each Member State shallmay, by automatic exchange, forward information necessary for the correct assessment of taxes referred to in Article 2 to the competent authority of any other Member State concerned, in any of the following cases:
Amendment 33 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) where tax has been or may be evaded or avoided for any reason in the other Member State, and especially where there is an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages.
Amendment 34 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
4. Where Member States conclude bilateral or multilateral agreements with a view to the correct assessment of the taxes referred to in Article 2, they shallmay provide for automatic exchange of information relating to certain categories of income and capital. For that purpose, they shallmay specify in those agreements the following elements:
Amendment 36 #
2009/0004(CNS)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Member States shallmay forward to the Commission the agreements they have concluded. The Commission shall make these agreements available to all the other Member States.
Amendment 39 #
2009/0004(CNS)
Proposal for a directive
Article 18
Article 18
Amendment 40 #
2009/0004(CNS)
Proposal for a directive
Chapter VI
Chapter VI
Amendment 54 #
2008/2220(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 75 #
2008/2220(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that persons applying to register designations of origin should be provided with tools to manage the volume of productions, so as to secure the quality and reputation of their designation of origin;
Amendment 102 #
2008/2220(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 3 #
2008/2175(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the Commission communication of 9 December 2008 entitled 'Food prices in Europe' (COM(2008)0821) and the Commission communication of 20 May 2008 entitled 'Tackling the challenge of rising food prices – Directions for EU action' (COM(2008)0321),
Amendment 21 #
2008/2175(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas some major processors have increased their market share in recent years,
Amendment 25 #
2008/2175(INI)
Motion for a resolution
Recital C
Recital C
C. whereas over the last years, large retailers have come to dominate the European food markets; whereas the degree of concentration has grown from an average 21.7% in 1993 to more than 70% at present in the EU 15responded to concentration in the food industry and have also increased their market share; whereas the degree of concentration has grown in the EU 15 as a result of increased competition,
Amendment 26 #
2008/2175(INI)
Motion for a resolution
Recital D
Recital D
D. whereas evidence from across the EU suggests big supermarkets abthat large undertakings in the food sector and in other sectors of the economy use their buying power to force downnegotiate competitive prices paid to suppliers to unsustainable levels and impose unfair conditions upon them; whereas large retailers across Europe are fast-becoming ‘gatekeepers’, controlling farmers’ and other suppliers’ access to EU consume; whereas exercising buying power is the hallmark of a market economy, and this applies to all sectors of the economy; whereas small and large retailers across Europe are the last link to the consumer in a complex supply chain that involves a large number of actors,
Amendment 38 #
2008/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes Europe shouldthat while competition provides consumers with food at reasonablcompetitive prices and, farmers must be provided with a stable income; believes that reasonable prices need to be paid to farmers to guarantee ay prices which cover their production constant supply of good quality food, produced s and fair remunder European standards; affirms that producers involved in processing and distribution must also get a reasonable remunerationation for their work, not least to ensure a secure supply of good-quality food;
Amendment 41 #
2008/2175(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 48 #
2008/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 63 #
2008/2175(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 66 #
2008/2175(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned by marketing practices such as below the cost selling of goods, in order to generate higher numbers of supermarket visits; is in support of banning below the cost selling of food and supports Member States that have already introduced such measures; wishes to see more European action taken against such aggressive pricing measures, as well as other anti-competitive practices in the EUWishes to see European action taken against anti-competitive practices such as product tying or any other abuse of market dominance;
Amendment 71 #
2008/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 87 #
2008/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Draws attention to the fact that many SMEs in the food sector are extremely vulnerable, especially if they are largely dependent on one large retail storefirm; notes that retailerfirms often employ race -to -the -bottom price competitions between several suppliers and in order to stay in business small companies need to cut costs and margins, which translates into reduced payments to farmers, fewer employees and lower quality products for consumers; also draws attention to the fact that, all the same, retailers can in any case provide market access and EU-wide distribution channels for SMEs, as well;
Amendment 104 #
2008/2175(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls onEndorses the Commission's decision to propose an efficient European System ofmarket monitoring of the marketsystem, able to register price trendencies and costs of inputs; this for the whole supply chain; considers that the method of establishing such systems should asbe agreed with those representing the interests concerned, and that the Community system in question should ensure transparency and permit cross- border comparisons between similar products; considers that this system has to be established in close cooperation with Eurostat and should work closely with the network of European Consumer Centres (ECC)national statistical offices;
Amendment 109 #
2008/2175(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes with concern that much more transparency is needed on the pricing structure and profit margins of retailers, processors and primary producers; cCalls on competition authorities at national and European levels to investigate and evaluate consumer prices throughout the EU to ensure that competition rules are respected;
Amendment 115 #
2008/2175(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 118 #
2008/2175(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 139 #
2008/2175(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for measures in support of cooperation between small agricultural producers so that they are able to compete with large producers, and processors and retailers; considers that Member States and the European Union need to ensure the existence of various forms of commerce and avoid a total liberalisation of the food market, that would lead to further concentration; calls on the European Commission to launch a Green Paper on the issue of the market power of large retailerscompetitiveness of the supply chain and competition between the operators in the supply chain;
Amendment 152 #
2008/2175(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is in favour of introducing policies that sponsor a wider and more direct contact between producers and consumers, as this can provide producers with a more relevant role in the market, by reducing the power of the intermediaries and large retailers, while at the same time offering consumers a better and wider choice of products;
Amendment 58 #
2008/2148(INI)
Motion for a resolution
Recital P
Recital P
P. whereas a comprehensive reform of current EU regulatory and supervisory arrangements is necessary together withand has already started; measures to improve global supervisory cooperation; whereas such a reform should refer to the capital adequacy framework, transparency, and governance as key prerequisites for improved and effective regulatory and supervisory arrangements should be reinforced,
Amendment 81 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 1 – point 1.1 – point a
Annex – recommendation 1 – point 1.1 – point a
Amendment 161 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 2 – point c– point i– indent 3
Annex – recommendation 2 – point c– point i– indent 3
- facilitate the cross-border transfer of funds within a group in extreme situations by taking into account the interests of the creditors of the group’s individual entities;
Amendment 173 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 2 – point d
Annex – recommendation 2 – point d
Amendment 208 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.1 – point e– introductory part
Annex – recommendation 3 – point 3.1 – point e– introductory part
(e) The colleges will decide and vote on the basis of a qualified majority voting (QMV) system based taking into account:whereby each member is granted one voting right. The majority threshold is set up at two thirds of the votes.
Amendment 212 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.1 – point e– points i to iii
Annex – recommendation 3 – point 3.1 – point e– points i to iii
Amendment 216 #
Amendment 229 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 – title
Annex – recommendation 3 – point 3.3 – title
3.3. Configuration of EU supervision: supervisoryLamfalussy Level 3 committees
Amendment 232 #
2008/2148(INI)
Motion for a resolution − point a
Annex – recommendation 3 – point 3.3−
Annex – recommendation 3 – point 3.3−
Amendment 240 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point b
Annex – recommendation 3 – point 3.3 − point b
Amendment 246 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point c
Annex – recommendation 3 – point 3.3 − point c
Amendment 249 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point d
Annex – recommendation 3 – point 3.3 − point d
(d) The supervisory agenciLamfalussy Level 3 committees should present an annual work plan. to the Parliament, the Council and the Commission should approve the annual work plans and reports.
Amendment 256 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point e
Annex – recommendation 3 – point 3.3 − point e
(e) It shall be possible to decide on the basis of a QMV system that takes into account the relative size of the financial sector and the GDP of the Member Stawhereby each member would be granted a voting right; the majority threshold should be set up to the two thirds of the votes; this procedure should be used both for decisions on supervisory convergence issues and for the advice to the Commission on legislation and regulation.
Amendment 260 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point f – introductory part
Annex – recommendation 3 – point 3.3 − point f – introductory part
(f) The supervisoryLamfalussy Level 3 committees should:
Amendment 266 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point f − point iii a(new)
Annex – recommendation 3 – point 3.3 − point f − point iii a(new)
(iiia) mediate conflicts that may arise between members of a college;
Amendment 275 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point g
Annex – recommendation 3 – point 3.3 − point g
Amendment 279 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point h − introductory part
Annex – recommendation 3 – point 3.3 − point h − introductory part
Amendment 283 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point h − point i
Annex – recommendation 3 – point 3.3 − point h − point i
Amendment 288 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point h − point ii
Annex – recommendation 3 – point 3.3 − point h − point ii
Amendment 291 #
2008/2148(INI)
Motion for a resolution
Annex – recommendation 3 – point 3.3 − point h − point iii
Annex – recommendation 3 – point 3.3 − point h − point iii
Amendment 1 #
2008/2039(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a definition of "sexual harassment" was set out the first time at EU level in Directive 2002/73/EC, and that Directive alsoDirective 2002/73/EC defined direct discrimination, indirect discrimination and harassment, prohibited discrimination against women on the grounds of pregnancy or maternity leave and provided for the right of return to the same job or an equivalent post after maternity leave, or after paternity or adoption leave, where such rights are recognised by Member States,
Amendment 2 #
2008/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that close cooperation between the competent committees in national parliaments and the European Parliament in monitoring the transposition and implementation of gender equality legislation would bring gender equality closer to policy-makers and citizens;
Amendment 3 #
2008/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the fact that several national legislations do not defininclude in a sufficiently clear and explicit manner the nodefinitions of direct and indirect discrimination, harassment and sexual harassment;
Amendment 4 #
2008/2039(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that in several Member States the field of application of the prohibited discriminations is not sufficiently wide as to comply with Directive 2002/73/EC; recalls that the prohibited discriminations affects both the private and public sectors;
Amendment 6 #
2008/2039(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the efforts made by those Member States who have extended or reinforced the requirements of Directive 2002/73/EC, especially those initiatives that have introduced protection against discrimination into new sectors of society, such as information and communication technologies (ICT);
Amendment 7 #
2008/2039(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to develop the capacities and ensure adequate resources for the equality bodbodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC, and recalls the Directive's requirement of ensuring the independence of those bodies;
Amendment 8 #
2008/2039(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the lowpoor level of awareness of rights under Directive 2002/73/EC among women, as deduced from the low number of gender equality proceedings and complaints filed; calls on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005;
Amendment 9 #
2008/2039(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes the limited trust in judicial protection among victims of discrimination; calls on Member States to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC;
Amendment 10 #
2008/2039(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the critical role of NGOs in providing assistance to victims of discrimination; asks public authorities to earmark resources for mediation and assistance projects, which are more expensive and complex to carry out than dissemination campaigns;
Amendment 11 #
2008/2039(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices, collective agreements, codes of conduct, research and exchange of experience and good practice;
Amendment 12 #
2008/2039(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Invites Member States to incorporate in their national legislation the requirement forrecommend to undertakings tohat they develop and implement annual corporate equality plans and ensurpromote gender balanced representation oin corporate boardmanagement and decision-making bodies;
Amendment 14 #
2008/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Invites Member States to encourage employers to provide employees and their representatives with regular gender-based informatioinformation on respect for the principle of equal treatment for women and men;
Amendment 11 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/48/EC
Recital 8
Recital 8
(-1) Recital 8 is replaced by the following: "(8) This Directive has a dual purpose: to enable savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident for tax purposes in another Member State to be made subject to effective taxation in accordance with the laws of their State of residence, and to ensure a minimum of effective taxation of savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident for tax purposes in another Member State."
Amendment 12 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2003/48/EC
Recital 8 a (new)
Recital 8 a (new)
(-1a) The following recital 8a is added: "In order to ensure that the objectives of this Directive are achieved, Member States have the choice of exchanging information with each other on interest payments and withholding tax."
Amendment 13 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2003/48/EC
Recital 14
Recital 14
(-1b) Recital 14 is deleted.
Amendment 14 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 2003/48/EC
Recital 17
Recital 17
(-1c) Recital 17 is deleted.
Amendment 15 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/48/EC
Recital 18
Recital 18
(-1d) Recital 18 is deleted.
Amendment 16 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
Directive 2003/48/EC
Recital 19
Recital 19
(-1e) Recital 19 is replaced by the following: "(19) Member States levying withholding tax should transfer most of the revenue they obtain from this withholding tax to the Member State of residence of the beneficial owner of the interest."
Amendment 17 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 2003/48/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
(-1f) Article 1(1) is replaced by the following: "1. This Directive aims to: - enable savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident for tax purposes in another Member State to be made subject to effective taxation in accordance with the laws of the latter Member State; - ensure a minimum of effective taxation of savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident for tax purposes in another Member State."
Amendment 40 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/48/EC
Article 10
Article 10
(5a) Article 10 is replaced by the following: Member States shall not be required to implement the provisions of Chapter II. If Chapter II is not be implemented, Member States shall levy a withholding tax to ensure a minimum of effective taxation of savings income in the form of interest payments made in one Member State to beneficial owners who are individuals resident for tax purposes in another Member State. These countries shall, however, be entitled to receive information from other Member States in accordance with Chapter II.
Amendment 45 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 6 – point -a (new)
Article 1 – point 6 – point -a (new)
Directive 2003/48/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
-a) Paragraph 1 is replaced by the following: "1. The rate of withholding tax shall be set at 20% until 31 December 2011. It shall then be raised to 25%."
Amendment 47 #
2008/0199(COD)
Proposal for a directive – amending act
Article 1 – point 5 – subpoint a
Article 1 – point 5 – subpoint a
Directive 94/19/EC
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall ensure that accurate data on depositors and deposits, which are necessary for the verification of claims, are made available without undue delay to the deposit-guarantee scheme whenonce the competent authorities have makde the determination referred to in point 3(i) of Article 1or the judicial authority makeshas made the ruling referred to in point 3(ii) of that Article.
Amendment 51 #
2008/0199(COD)
Proposal for a directive – amending act
Article 1 – point 5 – subpoint a
Article 1 – point 5 – subpoint a
Directive 94/19/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Deposit-guarantee schemes shall be in a position to pay duly verified claims by depositors in respect of unavailable deposits within threewenty working days of the date on which the data referred to in the first subparagraph have been made available to them.
Amendment 35 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) The vulnerability of pregnant workers and of workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 186 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least sixeight weeks allocated after confinement. The length of this leave should be extended to 12 weeks in the case of a premature or multiple birth or if the mother is breastfeeding. During the whole period of this leave, the worker should continue to be remunerated at the full amount of her previous earnings.
Amendment 36 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
Amendment 66 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 186 weeks allocated before and/or after confinement.
Amendment 74 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory paid leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before oreight weeks after childbirth.
Amendment 87 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/CEE
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional leave of four weeks is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodatedor multiple birth or if the mother is breastfeeding.
Amendment 93 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) The vulnerability of pregnant workers and of workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 186 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least sixeight weeks allocated after confinement. The length of this leave shall be extended to 12 weeks in the case of premature or multiple births or if the mother is breastfeeding. During the whole period of this leave, the worker should continue to be remunerated at the full amount of her previous earnings.
Amendment 98 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
Amendment 106 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/CEE
Article 10 – point 2
Article 10 – point 2
2) If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned.
Amendment 112 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – sub-point -a (new)
Article 1 – point 3 – sub-point -a (new)
Directive 92/85/EEC
Article 11 – point 1
Article 11 – point 1
(-a) Point 1 is replaced by the following: "1) in the cases referred to in Articles 5, 6 and 7, the employment rights relating to the employment contract, including the maintenance of a payment to, or entitlement to an adequate allowance for, workers within the meaning of Article 2, must be ensured in accordance with national legislation and/or national practice;"
Amendment 113 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point aa (new)
Article 1 – point 3 – point aa (new)
Directive 92/85/EEC
Article 11 – point 2 – point b
Article 11 – point 2 – point b
(-aa) In point 2, point (b) is replaced by the following: "(b) maintenance of the payment to, or entitlement to an adequate allowance for, workers within the meaning of Article 2;"
Amendment 119 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 121 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 186 weeks allocated before and/or after confinement.
Amendment 126 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before orremunerated compulsory leave of at least eight weeks after childbirth.
Amendment 134 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional leave of four weeks is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated or multiple births or if the mother is breastfeeding.
Amendment 136 #
2008/0193(COD)
Proposal for a directive – amending act
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and national equality bodies shall communicate to the Commission, by [fivthree years after adoption] at the latest and every fivthree years thereafter, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of Directive 92/85/EEC as amended by this Directive.
Amendment 153 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – point 2
Article 10 – point 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within six months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at the request of the worker concerned.
Amendment 155 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 92/85/EEC
Article 11 – point 1
Article 11 – point 1
(-a) Point 1 is replaced by the following: "1. in the cases referred to in Articles 5, 6 and 7, the employment rights relating to the employment contract, including the maintenance of a payment to, or entitlement to an adequate allowance for, workers within the meaning of Article 2, must be ensured in accordance with national legislation and/or national practice;"
Amendment 156 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point a a (new)
Article 1 – point 3 – point a a (new)
Directive 92/85/EEC
Article 11 – point 2 – subpoint b
Article 11 – point 2 – subpoint b
(aa) In point 2, subpoint (b) is replaced by the following: "(b) maintenance of the payment to, or entitlement to an adequate allowance for, workers within the meaning of Article 2;"
Amendment 161 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – point 3
Article 11 – point 3
3) the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 167 #
2008/0193(COD)
Proposal for a directive – amending act
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and national equality bodies shall communicate to the Commission, by [fivthree years after adoption] at the latest and every fivthree years thereafter, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of Directive 92/85/EEC as amended by this Directive.
Amendment 18 #
2008/0192(COD)
Council position
Recital 17 a (new)
Recital 17 a (new)
(17a) The length of the period during which female self-employed workers and female spouses or, when and insofar as recognised by national law female life partners, of self-employed workers, are granted maternity benefits is similar to the duration of maternity leave for employees currently in place at EU level. In case the duration of maternity leave provided for employees is modified at EU level, the Commission should report to the European Parliament and the Council assessing whether the duration of maternity benefits for female self- employed workers and female spouses and life partners referred to in Article 2 should also be modified.
Amendment 32 #
2008/0192(COD)
Council position
Article 8 - paragraph 3 - point b
Article 8 - paragraph 3 - point b
(b) the average loss of income or profit in relation to a comparable preceding period subject to any ceiling laid down under national law and/oror, where there are no applicable national provisions, in conformity with point (a) or (b):
Amendment 33 #
2008/0192(COD)
Council position
Article 11 - paragraph 1
Article 11 - paragraph 1
1. The Member States shall designate and mtake the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex. Such bodies may form part of agencies entrusted at national lemeasures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC are also competent for the promotion, analysis, monitoring and support of equal treatment of all persons covered by this Directivel with the defence of human rights or the safeguard of individuals' rights, or the implementation of the principle of equal treatmentout discrimination on grounds of sex.
Amendment 36 #
2008/0192(COD)
Proposal for a directive
Article 7 — paragraph 1
Article 7 — paragraph 1
1. Member States shall take the necessary measures to ensure that female self- employed workers and assisting spouses can, at their request, be entitled to the same per be entitled to a period of maternity leave adapted to the specific needs of self- employed women and the circumstances of assisting wives. The duratiodn of such maternity leave as provided for in Directive 92/85/EECmay not exceed sixteen weeks, eight of which must be after confinement. Mandatory leave after confinement may be extended to up to twelve weeks in the case of premature delivery, multiple births and breastfeeding.
Amendment 38 #
2008/0191(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
Amendment 276 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 33 a (new)
Article 1 – point 33 a (new)
Directive 2006/48/EC
Article 156 – paragraph 2 a (new)
Article 156 – paragraph 2 a (new)
(33a) In Article 156, the following paragraph 2a is inserted: "By 1 January 2012, the Commission shall review supervisory cooperation arrangements, Article 129 (and related Articles) and shall submit a report to the European Parliament and to the Council as well as appropriate legislative proposals for further supervisory integration if such is the conclusion of the report."
Amendment 95 #
2008/0153(COD)
Proposal for a directive
Recital 9
Recital 9
(9) By virtue of the principle of home Member State supervision, management companies authorised in their home Member States should be permitted to carry on the services for which they have received authorisation throughout the Community by establishing branches or under the freedom to provide services. The choice of the management company should be subject to the approval of the competent authorities of the UCITS home Member State. Those competent authorities should not require additional conditions as regards the choice of the management company, nor should they require the management company to have its registered office in the UCITS home Member State. The approval of the fund rules of common funds/unit trusts falls within the competence of the management company's home Member State.
Amendment 115 #
2008/0153(COD)
Proposal for a directive
Recital 42
Recital 42
(42) In order to ensure a high level of protection of the interests of the feeder UCITS' investors, the prospectus, the key investor information as referred to in Article 73, as well as all marketing communications should be adapted to the specificities of master-feeder-structures. The investment of the feeder UCITS into the master UCITS should not affect the ability of the feeder UCITS to itself repurchase or redeem units at the request of its unit-holders and to act in the best interests of its unit-holders.
Amendment 116 #
2008/0153(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The conversion rules should enable an existing UCITS to convert into a feeder UCITS. At the same time they should sufficiently protect unit-holders. As such a conversion is a fundamental change of the investment policy, the converting feeder UCITS should be required to provide its unit-holders with sufficient information asin order to enable them to decide whether to maintain their investment or not. Competent authorities should not require the feeder UCITS to provide more or other information than those specified.
Amendment 117 #
2008/0153(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Key investor information should be provided to investors, at a pre-contractual stageas a specific document to investors free of charge, in good time before the subscription of the UCITS, in order to help them to reach informed investment decisions. It should contain only the essential elements for making such decisions. The nature of the information to be found in the key investor information should be fully harmonised to the highest extent so as to ensure adequate investor protection and comparability. Key investor information should be presented in a short format. A single document of limited length presenting the information in a specified order is the most appropriate way to achieve the clarity and simplicity of presentation that is required by retail investors, and should allow for useful comparisons.
Amendment 122 #
2008/0153(COD)
Proposal for a directive
Recital 50
Recital 50
(50) For the purpose of enhancing legal certainty there is a need to ensure that a UCITS which markets its units on a cross- border basis has an easy access, in the form of an electronic publication and in a language customary in the sphere of international finance, to complete information on the laws, regulations and administrative provisions applicable in the UCITS host Member State and related tothat specifically relate to the arrangements made for the marketing of UCITS.
Amendment 125 #
2008/0153(COD)
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) Member States should take the necessary administrative and organisational measures to enable the cooperation between national authorities and competent authorities of other Member States, including through bilateral or multilateral agreements between those authorities, so that they can fully carry out their duties in accordance with this Directive.
Amendment 130 #
2008/0153(COD)
Proposal for a directive
Article 2 - paragraph 1 - point e
Article 2 - paragraph 1 - point e
(e) a "UCITS home Member State" means the Member State in which the UCITS is authorised pursuant to Article 5;: (i) where the UCITS takes the form of a joint investment fund, the Member State in which the management company is established or, where the management company has its registered office in another Member State, the Member State in which a branch of the management company and the depositary are established and where the joint investment fund is authorised; (ii) where the UCITS takes the form of an investment company, the Member State in which the investment company has its registered office.
Amendment 131 #
2008/0153(COD)
Proposal for a directive
Article 4
Article 4
For the purposes of this Directive, a UCITS shall be deemed to be established in the Member State in which the investment company or the management company of the common fund has its registered office. The Member States shall require that the head office be established in the same Member State as the registered office. has obtained authorisation for the UCITS; the Member State in which the investment company or the joint investment fund’s management company has its registered office shall require the central administration to be established in the Member State in which the registered office of the of the investment company or management company is situated. Where the management company of a joint investment fund does not have its registered office in the UCITS home Member State, the management company shall establish a branch there to carry out book-keeping and accounts management for the UCITS, valuation of the portfolio and determination of the value of the units in the UCITS (including tax aspects), to keep the register of unit- holders in the UCITS, and to act as a local contact point both for investors and for the competent authorities of the UCITS, particularly to perform the following functions: (a) maintaining relations with investors, including receipt of complaints; (b) providing a legal address for the receipt of all documents addressed to the UCITS and the management company by investors and by the competent authority of the UCITS; (c) providing facilities to unit-holders relating to the exercise of their rights, including facilities relating to payments and the receipt and forwarding of unit subscription, issue and repurchase orders; (d) supplying any information at the request of investors or the competent authority of the UCITS. The branch may, on its own responsibility, delegate the performance of these functions to a third party established in the UCITS home Member State and subject to regulatory supervision.
Amendment 132 #
2008/0153(COD)
Proposal for a directive
Article 4
Article 4
For the purposes of this Directive, a UCITS shall be deemed to be established in the Member State in which the investment company or the management company of the common fund has its registered office. The Member States shall require that the head office be established in the same Member State as the registered officits home Member State.
Amendment 133 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 1 - subparagraph 1
Article 5 - paragraph 1 - subparagraph 1
1. No UCITS shall carry on activities as such unless it has been authorised by the competent authorities of thits home Member State in which it is established.
Amendment 134 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. A common fund shall be authorised only if the competent authorities have approved the management company,of its home Member State have approved the fund rules and the choice of the management company and depositary. An investment company shall be authorised only if the competent authorities of the UCITS home Member State have approved both its instruments of incorporation and the choice of depositary. The UCITS home Member State shall also require its law to apply to the instruments of incorporation of the UCITS and to relations between the UCITS and its investors, its management company and its depositary.
Amendment 135 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. A common fund shall be authorised only if the competent authorities of its home Member State have approved the choice of the management company to manage the UCITS, the fund rules and the choice of depositary. An investment company shall be authorised only if the competent authorities of its home Member State have approved both its instruments of incorporation and the choice of depositary, and, where applicable, the choice of the designated management company to manage the UCITS.
Amendment 138 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 3 - subparagraph 1
Article 5 - paragraph 3 - subparagraph 1
3. The competent authorities may not authorise a UCITS if the management company or the investment company does not comply with the preconditions laid down in Chapters III and V respectively. of the UCITS home Member State may not authorise a UCITS if: (a) such authorities establish that the investment company does not comply with the preconditions laid down in Chapter V; or b) the management company is not authorised as a UCITS management company in its home Member State.
Amendment 140 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 3 - subparagraph 2
Article 5 - paragraph 3 - subparagraph 2
Moreover, the competent authorities of the UCITS home Member State may not authorise a UCITS if the directors of the depositary are not of sufficiently good repute or are not sufficiently experienced also in relation to the type of UCITS to be managed. To that end, the names of the directors of the depositary and of every person succeeding them in office shall be communicated forthwith to the competent authorities.
Amendment 141 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 5
Article 5 - paragraph 5
5. Neither the management company nor the depositary may be replaced, nor may the fund rules or the instruments of incorporation of the investment company be amended, without the approval of the competent authorities of the UCITS home Member State.
Amendment 142 #
2008/0153(COD)
Proposal for a directive
Article 5 - paragraph 5 a (new)
Article 5 - paragraph 5 a (new)
5a. Member States shall ensure that complete information on the laws, regulations and administrative provisions implementing this Directive which relate to the constitution and functioning of the UCITS is easily accessible at a distance or by electronic means. Member States shall ensure that this information is available, at least, in a language customary in the sphere of international finance, provided in a clear and unambiguous manner, and kept up-to-date.
Amendment 144 #
2008/0153(COD)
Proposal for a directive
Article 6 - paragraph 1
Article 6 - paragraph 1
1. Access to the business of management companies shall be subject to prior official authorisation to be granted by the competent authorities of the UCITSmanagement company's home Member State. Authorisation granted under this Directive to a management company shall be valid for all Member States.
Amendment 145 #
2008/0153(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Companies authorised in a Member State other than the UCITS home Member State providing UCITS management services on a cross-border basis shall comply with the rules set by the UCITS home Member State concerning the incorporation and operation of the UCITS, namely the rules applicable to: - establishment of the UCITS; - management regulations or statutes of the UCITS; - authorisation of the UCITS; - keeping of the unit-holder register; - exercise of unit-holder voting rights; - investment policy and investment limits; - calculation of total exposure and leverage effect; - restrictions on borrowing, lending and short-selling; - valuation of the UCITS’s assets and accounting for the UCITS; - issue and repurchase of units; - calculation of issue and/or repurchase price; - distribution or capitalisation of income; - obligations of the UCITS to provide information, including on the prospectus, key investor information and regular reporting; - marketing and distribution of units; - unit-holder relations; - UCITS mergers and restructuring; - delegation mechanisms; - liquidation and dissolution of a UCITS.
Amendment 147 #
2008/0153(COD)
Proposal for a directive
Article 12 - paragraph 1 - subparagraph 1
Article 12 - paragraph 1 - subparagraph 1
1. Each management company's home Member State shall draw up prudential rules which management companies authorised in that Member State, with regard to the activity of management of UCITS authorised according to this Directive, shall observe at all times.
Amendment 149 #
2008/0153(COD)
Proposal for a directive
Article 12 - paragraph 2 a (new)
Article 12 - paragraph 2 a (new)
2a. Management companies shall set up appropriate procedures and arrangements to ensure that they properly deal with investor complaints, and that there are no restriction for investors to exercise their rights in case the management company is located in another jurisdiction. Investors should be able to file complaints in their local language.
Amendment 152 #
2008/0153(COD)
Proposal for a directive
Article 13 - paragraph 1 - introductory part
Article 13 - paragraph 1 - introductory part
1. If the management company’s home Member States permits management companies to delegate to third parties for the purpose of a more efficient conduct of the companies' business, to carry out on their behalf one or more of their own functions all of the following preconditions shall be complied with:
Amendment 154 #
2008/0153(COD)
Proposal for a directive
Article 13 - paragraph 1 - point a
Article 13 - paragraph 1 - point a
a) the competent authorityies of the UCITS must be informed in an appropriate manner of delegations effected by the management company. The competent authorities of the UCITS home Member State shall forward this information to the competent authorities of the management company’s home Member State;
Amendment 157 #
2008/0153(COD)
Proposal for a directive
Article 13 - paragraph 1 - point i
Article 13 - paragraph 1 - point i
(i) the UCITS' prospectuses lists the functions which the management company has been permittedcompetent authority of the UCITS home Member State has authorised the management company to delegate.
Amendment 159 #
2008/0153(COD)
Proposal for a directive
Article 14 - paragraph 1 a (new)
Article 14 - paragraph 1 a (new)
1a. The Commission shall adopt implementing measures, with a view to ensuring that the management company complies with the duties set out in paragraph 1, in particular to: (a) define the steps that management companies might reasonably be expected to take to identify, prevent, manage and/or disclose conflicts of interest as well as to establish appropriate criteria for determining the types of conflicts of interest whose existence may damage the interests of the UCITS; (b) establish appropriate criteria for acting honestly and fairly and with due skill, care and diligence in the best interests of the UCITS; Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 107(2).
Amendment 161 #
2008/0153(COD)
Proposal for a directive
Article 15 - paragraph 2 a (new)
Article 15 - paragraph 2 a (new)
2a. Subject to the conditions set out in this Article, a UCITS shall be free to designate, or to be managed by, a management company authorized in another Member State in accordance with this Directive, provided that such a management company fulfils the following criteria: a) it complies with the provisions of Article 16 or Article 17; b) it complies with the provisions of Article 17a and Article 5a.
Amendment 166 #
2008/0153(COD)
Proposal for a directive
Article 16 - paragraph 1
Article 16 - paragraph 1
1. In addition to meeting the conditions imposed in Articles 6 and 7, any management company wishing to establish a branch within the territory of another Member State to carry on the activity for which it has been authorised shall notify the competent authorities of its home Member State.
Amendment 167 #
2008/0153(COD)
Proposal for a directive
Article 16 - paragraph 3 - subparagraph 2 a (new)
Article 16 - paragraph 3 - subparagraph 2 a (new)
Where a management company wishes to carry out the service of collective portfolio management as referred to in Annex II, the competent authorities of the management company's home Member State shall attach to the documentation an attestation that the management company has been authorised in accordance with this Directive and a description of the scope of the management company's authorisation and details of any restriction on the types of UCITS that the management company is authorised to manage.
Amendment 168 #
2008/0153(COD)
Proposal for a directive
Article 16 - paragraph 3 a (new)
Article 16 - paragraph 3 a (new)
3a. The services provided by a branch of a management company shall comply with the rules drawn up by the management company’s host Member State in accordance with Article 14.
Amendment 172 #
2008/0153(COD)
Proposal for a directive
Article 17 - paragraph 1 - introductory part
Article 17 - paragraph 1 - introductory part
1. Any management company wishing to carry on businessthe activities for which it has been authorised within the territory of another Member State for the first time under the freedom to provide services shall communicate the following information to the competent authorities of the management company's home Member State:
Amendment 174 #
2008/0153(COD)
Proposal for a directive
Article 17 - paragraph 2 - subparagraph 3 a (new)
Article 17 - paragraph 2 - subparagraph 3 a (new)
Where a management company wishes to carry out the service of collective portfolio management as referred to in Annex II, the competent authorities of the management company's home Member State shall enclose to the documentation an attestation that the management company has been authorised in accordance with this Directive and a description of the scope of the management company's authorisation and details of any restriction on the types of UCITS that the management company is authorised to manage.
Amendment 175 #
2008/0153(COD)
Proposal for a directive
Article 17 - paragraph 3
Article 17 - paragraph 3
3. When appropriate, the competent authorities of the management company's host Member State shall, on receipt of the information referred to in paragraph 1, indicate to the management company the conditions, including the rules of conduct to be respected in the case of provision of the portfolio management service mentioned in Article 6 (3) (a) and of investment advisory services and custody, with which, in the interest of the general good, the management company must comply in the the management company's host Member StateThe services provided by the management company under the freedom to provide services shall comply with the rules drawn up by the management company’s home Member State in accordance with Article 14.
Amendment 182 #
2008/0153(COD)
Proposal for a directive
Article 18 −paragraph 3
Article 18 −paragraph 3
3. Where the competent authorities of a management company's host Member State ascertain that a management company that has a branch or provides services within its territory is in breach of the legal or regulatory provisions adopted in that State pursuant to those provisions of this Directive which confer powers on the management company's host Member State's competent authoritiesone of the rules under their responsibility, those authorities shall require the management company concerned to put an end to its irregular situation and inform the competent authorities of the management company's home Member State.
Amendment 190 #
2008/0153(COD)
Proposal for a directive
Article 20 - paragraph 3 a (new)
Article 20 - paragraph 3 a (new)
3a. If the management company designated by the UCITS is situated in a Member State other than the UCITS home Member State, the depositary shall conclude a written agreement with the management company and with the branch of the management company established in the UCITS home Member State regulating inter alia the provision to the depositary of all information deemed necessary to allow it to perform the functions referred to in Articles 19 and 29.
Amendment 193 #
2008/0153(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. AIn appliccase the investment company has not designated a management company, the investment companty shall be informed, within six months of the submission of a complete application, whether or not authorisation has been granted. Reasons shall be given whenever an authorisation is refused.
Amendment 195 #
2008/0153(COD)
Proposal for a directive
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. If the management company designated by the UCITS is situated in a Member State other than the UCITS home Member State, the depositary shall conclude a written agreement with the management company and with the branch of the management company established in the UCITS home Member State regulating inter alia the provision to the depositary of all information deemed necessary to allow it to perform the functions referred to in Articles 19 and 29.
Amendment 200 #
2008/0153(COD)
Proposal for a directive
Article 35
Article 35
1. Member States shall, subject to the conditions set out in this SectionChapter and irrespective of the manner in which UCITS are constituted as set out in Article 1(3), allow for mergers between: (a) UCITS established within their territories; (b) UCITS established within their territories and UCITS established within the territories of othercross border mergers and domestic mergers as defined in this Article in accordance with one or more of the merger techniques provided for under Article 34. 2. For the purpose of this Directive a cross border merger shall mean: (a) a merger of UCITS of which at least two are established in different Member States; and (b) a merger of UCITS established in the same Member State into a newly constituted UCITS established in another Member State. The merger techniques used for cross border mergers must be allowed for under the laws of the merging UCITS home Member State. 3. For the purpose of this Directive, a domestic merger shall mean a merger of UCITS established in the same Member State when at least one of the involved UCITS has been notified pursuant to article 88. The merger techniques used for domestic mergers must be allowed for under the laws of that Member States. .
Amendment 204 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 2 – point d
Article 36 – paragraph 2 – point d
(d) the information on the proposed merger ithat the merging UCITS and the receiving UCITS intends to provide to itstheir respective unit-holders.
Amendment 205 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 2 – subparagraph 1 a (new)
Article 36 – paragraph 2 – subparagraph 1 a (new)
This information shall be provided so that both the competent authorities of the merging UCITS home Member State and the competent authorities of the receiving UCITS home Member State can read them in the official language or one of the official languages of the relevant Member State, or in a language approved by the relevant competent authorities.
Amendment 206 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1
Article 36 – paragraph 3 – subparagraph 1
3. The competent authorities of the merging UCITS home Member State shall consider the potential impact of the proposed merger on unit-holders of both the merging UCITS and the receiving UCITS and when doing so, shall consultshall immediately transmit copies of the information referred to in paragraph 2 to the competent authorities of the receiving UCITS. The competent authorities of the merging UCITS home Member State and the competent authorities of the receiving UCITS home Member State unless theyshall, respectively, consider that the potential impact of the proposed merger on the unit-holders of the receiving UCITS is negligible. merging UCITS and the receiving UCITS to assess whether appropriate information is provided to unit-holders.
Amendment 207 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 2
Article 36 – paragraph 3 – subparagraph 2
If the competent authorities of the merging or receiving UCITS home Member State consider it necessary, they may require that the information to unit-holders of the merg, respectively, the merging or the receiving UCITS be clarified.
Amendment 208 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Amendment 209 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 4 – point c
Article 36 – paragraph 4 – point c
(c) after having considered the potential impact of the proposed merger on unit- holders in accordance with paragraph 3, the competent authorities arethe competent authorities of the merging and the receiving UCITS are, respectively, satisfied with the proposed information to be provided to unit-holders, of the merging UCITS, and where applicable, of the receiving UCITSr no indication of dissatisfaction from the competent authority of the receiving UCITS has been received under sub- paragraph 3 of paragraph (3).
Amendment 210 #
2008/0153(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
5. The competent authorities of the merging UCITS home Member State shall inform the merging UCITS, within at the latest 30 days of the submission of a complete file as provided for in paragraph 2, whether or not the merger has been authorised.
Amendment 211 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
1. Member States shall require that the management or administrative body of the merging UCITS and of the receiving UCITS draw up common draft terms of merger.
Amendment 212 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 2 – introductory wording
Article 37 – paragraph 1 – subparagraph 2 – introductory wording
The common draft terms of merger shall includeset out the following particulars:
Amendment 213 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 2 – point d
Article 37 – paragraph 1 – subparagraph 2 – point d
(d) the criteria adopted for valuation of the assets and, where applicable, the liabilities on the planned effective date of the merger in accordance with Article 44(1);
Amendment 214 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 2 – point f a (new)
Article 37 – paragraph 1 – subparagraph 2 – point f a (new)
(fa) the rules applicable for respectively the transfer of assets and the exchange of units;
Amendment 215 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 2 – point g
Article 37 – paragraph 1 – subparagraph 2 – point g
(g) in the case of a merger pursuant to Article 34 (b), the fund rules or instruments of incorporation of the newly constituted receiving UCITS.
Amendment 216 #
2008/0153(COD)
Proposal for a directive
Article 37 – paragraph 1 – subparagraph 2 a (new)
Article 37 – paragraph 1 – subparagraph 2 a (new)
Competent authorities may not require that any additional information is included in the common draft terms of mergers.
Amendment 217 #
2008/0153(COD)
Proposal for a directive
Article 38
Article 38
Member States shall require that the depositaries of the merging UCITS and of the receiving UCITS verify the conformity of the common draft terms of mergerelements set out in points (a),( f) and (g) Article 37(1) with this Directive and the fund rules or instruments of incorporation of their respective UCITS.
Amendment 220 #
2008/0153(COD)
Proposal for a directive
Article 39 – paragraph 1 – point a a (new)
Article 39 – paragraph 1 – point a a (new)
(aa) where applicable, the cash payment per unit;
Amendment 221 #
2008/0153(COD)
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) the calculation method of the exchange ratio as well as the actual exchange ratio determined at the date in accordance with Article 44(1).
Amendment 222 #
2008/0153(COD)
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The statutory auditors of the merging UCITS or the statutory auditor of the receiving UCITS shall be considered independent auditors for the purposes of paragraph 1.
Amendment 224 #
2008/0153(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall require the merging and receiving UCITS to provide appropriate and accurate information on the proposed merger to its or theirtheir respective unit-holders so as to enable their respective unit-holders to make an informed decisionjudgement of the impact of the proposal on their investment.
Amendment 226 #
2008/0153(COD)
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 1
Article 40 – paragraph 3 – subparagraph 1
3. The information shall be provided to unit-holders of the merging UCITS and of the receiving UCITS only after the competent authorities of the merging UCITS home Member State have authorised the proposed merger under Article 36.
Amendment 227 #
2008/0153(COD)
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 2
Article 40 – paragraph 3 – subparagraph 2
It shall be provided not less than 30 days before the date of the general meeting of unit-holders as referred to in Article 41 or, if no such general meeting of unit- holders is provided for under national law, not less than 30 days before the proposed effective date of the mergerlast date for requesting repurchase or redemption without additional charge referred to in Article 44.
Amendment 231 #
2008/0153(COD)
Proposal for a directive
Article 40 – paragraph 4 – subparagraph 2 – point b
Article 40 – paragraph 4 – subparagraph 2 – point b
(b) the possible impact of the proposed merger on unit-holders, including but not limited to any material differences in respect of investment policy and strategy, costs, expected outcome, periodic reporting and, possible dilution in performance, and, where relevant, a prominent warning to investors that their tax treatment may be changed following the merger;
Amendment 233 #
2008/0153(COD)
Proposal for a directive
Article 40 – paragraph 4 – subparagraph 2 – point c
Article 40 – paragraph 4 – subparagraph 2 – point c
(c) any specific rights unit-holders have in relation to the proposed merger, including but not limited to the right to obtain additional information, the right to obtain a copy of the report of the independent auditor or the depositary on request, and the right to request the repurchase or redemption of their units without charge as specified in Article 42 and the last date for exerting that right;
Amendment 236 #
2008/0153(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The laws of Member States shall provide that unit-holders of both the merging UCITS and the receiving UCITS have the right to request, without any other charge than those retained by the fund to cover disinvestment costs, the repurchase or redemption of their units or, where possible, to convert them into units in another UCITS with similar investment policies, without charge and managed by the same management company or by any other company with which the management company is linked by common management or control, or by a substantial direct or indirect holding. This right shall become effective from the moment the unit-holders of the merging UCITS and, where applicable, those of the receiving UCITS, have been informed of the proposed merger. It shall cease to exist on the effective date of the merger in accordance with article 40. It shall cease to exist five working days before the date for calculating the exchange ratio as referred to in Article 44.
Amendment 238 #
2008/0153(COD)
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. FWithout prejudice to the provisions of paragraph 1, for mergers between UCITS, by way of derogation from Article 79(1), Member States may allow the competent authorities to require or to allow the temporary suspension of the subscription, repurchase or redemption of units provided that such suspension is justified for the protection of the unit- holders.
Amendment 239 #
2008/0153(COD)
Proposal for a directive
Article 43
Article 43
Except in case where UCITS are self- managed, Member States shall ensure that any legal, advisory or administrative costs associated with the preparation and the completion of the merger shall not be charged, either directly or indirectly, to the merging UCITS, the receiving UCITS or any of their unit- holders.
Amendment 255 #
2008/0153(COD)
Proposal for a directive
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
For the purposes of point (b) of the first subparagraph, the exposure of the feeder UCITS to the underlying assets as referred to in the third subparagraph of Article 46(3) shall be calculated by also taking into account the investments ofcompliance with Article 46(3), the feeder UCITS may calculate its global exposure related to financial derivative instruments by combining its own direct exposure under point (b) of the first subparagraph with: - either the master UCITS' actual exposure to financial derivative instruments in proportion to the mastfeeder UCITS,' including the investments of the master UCITS into financial derivative instruments and their underlyings,vestment into the master UCITS; or - the master UCITS potential maximum global exposure to financial derivative instruments provided for in the master UCITS' fund rules or instruments of incorporation in proportion to the feeder UCITS investment into the master UCITS.
Amendment 273 #
2008/0153(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 3
Article 55 – paragraph 1 – subparagraph 3
The feeder UCITS shall not invest in units of that master UCITS until the agreement referred to in subparagraph 1 has become effective. This agreement shall be available, on request and without charges, to all unit-holders.
Amendment 275 #
2008/0153(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The master UCITS and the feeder UCITS shall take appropriate measures to ensure that no units of either the master UCITS or the feeder UCITS can be issued, sold, re-purchased or redeemed for the same business day after either the master UCITS or the feeder UCITS published the issue, sale, re-purchase or redemption priccoordinate the timing of its net asset value calculation and publication, or employ other recognised techniques such as fair value pricing in order to prevent arbitrage between the book value and the market value of its fund units for that day(market timing).
Amendment 278 #
2008/0153(COD)
Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
Amendment 283 #
2008/0153(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2 b (new)
Article 56 – paragraph 1 – subparagraph 2 b (new)
Member States shall require that the feeder UCITS or, when applicable, the management company of the feeder UCITS shall be in charge of communicating to the depositary of the feeder UCITS any information about the master UCITS and required for the completion of the duties of the depositary of the feeder UCITS.
Amendment 290 #
2008/0153(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1 – point b
Article 58 – paragraph 1 – subparagraph 1 – point b
(b) onthe investment objective and policy, including the risk profile and whether the performance of the feeder UCITS and the master UCITS are identical, or to what extent and for which reasons they differ, including a description of the investment made in accordance with Article 53(2);
Amendment 295 #
2008/0153(COD)
Proposal for a directive
Article 58 – paragraph 4 a (new)
Article 58 – paragraph 4 a (new)
4a. A paper copy of the prospectus, annual and half-yearly report of the master shall be delivered by the feeder UCITS to investors upon their request, free of charge.
Amendment 307 #
2008/0153(COD)
Proposal for a directive
Article 72
Article 72
All marketing communications to investors shall be clearly identifiable as such. They shall be fair, clear and not misleading and the inform. In particular, any marketing communications contained therein shall be consistmprising an invitation to purchase units of UCITS that contains specific information about a UCITS shall not make statements withhich contradict or diminish the significance of the information contained in the prospectus and the key investor information referred to in Article 73. TheyIt shall indicate that a prospectus exists and that the key investor information referred to in Article 73 is available and specify where and in which language such information or documents may be obtained by investors or potential investors or how they may have access to them.
Amendment 308 #
2008/0153(COD)
Proposal for a directive
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Member States shall require that an investment company and, for each of the common funds it manages, a management company draw up a short document containing key investor information for investors ( “key investor information”). The words “key investor information” should be clearly mentioned on this document, in the language referred to in point (b) of Article 89(1).
Amendment 319 #
2008/0153(COD)
Proposal for a directive
Article 75 – paragraph 2
Article 75 – paragraph 2
2. Member States shall require that an investment company and, for each of the common funds it manages, a management company, which does not sell UCITS directly or through a tied agentperson who acts on its behalf and under its full and unconditional responsibility to investors, deliverprovides key investor information to product manufacturers and intermediaries selling or advising investors on potential investments in such UCITS or in products offering exposure to such UCITS, so as to enable them to provide all relevant information on the proposed investment to their client. Member States shall require that the intermediaries selling or advising investors orn potential cliinvestments, in compliance with any information obligations applicable to them under the relevant Community and national lawUCITS, provide key investor information to their clients or potential clients.
Amendment 323 #
2008/0153(COD)
Proposal for a directive
Article 75 – paragraph 2a (new)
Article 75 – paragraph 2a (new)
2a. Key investor information shall be provided to investors free of charge.
Amendment 324 #
2008/0153(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Member States shall allow investment companies and, for each of the common funds they manage, management companies, to deliverprovide key investor information in a durable medium or by means of a website. A paper copy shall be delivered free of charge to the investor, upon request.
Amendment 344 #
2008/0153(COD)
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
1. Member States shall lay down the rules on measures and penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. TheWithout prejudice to the procedures for the withdrawal of authorization or to the right of Member States to impose criminal sanctions, Member States shall in particular ensure, in conformity with their national law, that the appropriate administrative measures can be taken or administrative sanctions be imposed against the persons responsible where the provisions adopted in the implementation of this Directive have not been complied with. The measures and penalties provided for must be effective, proportionate and dissuasive. Without precluding rules on measures and penalties applicable to infringements of the other national provisions adopted pursuant to this Directive, Member States shall in particular lay down effective, proportionate and dissuasive measures and penalties concerning the duty to present key investor information in a way that is likely to be understood by retail investors according to Article 73(5).
Amendment 360 #
2008/0153(COD)
Proposal for a directive
Article 104 – paragraph 2 a (new)
Article 104 – paragraph 2 a (new)
2a. The competent authorities of the management company's home Member State shall notify, without delay, the competent authority of the UCITS home Member State of any problems identified at the level of the management company and which would affect the ability of the management company to properly perform its duties with respect to the fund and any breaches of the requirements under Chapter III. .
Amendment 24 #
2008/0150(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/79/EEC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. By 1 January 2014, Member States shall ensure that excise duty (specific duty and ad valorem duty) on cigarettes represents at least 57 % of the weighted average retail selling price of cigarettes sold. That excise duty shall not be less than EUR 64 per 1 000 cigarettes irrespective of the weighted average retail selling price. However, Member States which levy an excise duty of at least EUR 101 per 1 000 cigarettes oshall not be less than EUR 64 per 1 000 cigarettes for all types of cigarettes. Where the lowest retail selling price applied on 1 January 2009 exceeds EUR 100, the price increase shall be no more than EUR 10 until 1 January 2014. Member States that already have a minimum rate of excise duty shall not raise the level of that duty by more than 12 % between 1 January 2009 and 1 January 2014. In the basisevent of the weighted aveintroduction of a minimum ragte retail selling price need not comply with the 57% requirement set out in the first subparagraphof excise duty, such duty shall be no more than 100 % of the amount of the excise duty levied on the weighted average retail selling price.
Amendment 42 #
2008/0150(CNS)
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 92/80/EEC
Article 3 − paragraph 1 − subparagraphs 8 to 11
Article 3 − paragraph 1 − subparagraphs 8 to 11
As from 1 January 20104, Member States shall apply an excise duty on fine-cut smoking tobacco intended for the rolling of cigarettes of at least 38% of the retail selling price inclusive of all taxes, and at least EUR 43 per kilogram. As fromeither at least EUR 43 per kilogram or 12 % more than the level of 1 January 2014,0. Those Member States sthall apply an excise duty on fine-cut smoking tobacco intended for the rolling of cigarett already have a minimum specific rate of excise duty shall not raise its level by more than 12 % between 1 January 2009 and 1 January 2014. In the event of the introduction of a minimum specific rates of at least 42% of the retail selling price inclusive of all taxes, and at least EUR 60 per kilogramexcise duty in a Member State, it shall be no more on 1 January 2014 than 100 % of the of the amount of the excise duty levied on the weighted average retail selling price. Member States shall gradually increase excise duties in order to reach those new minimum requirements referred to in the ninth subparagraph onby 1 January 2014. As from 1 January 2010, the excise duty expressed as a percentage, as an amount per kilogram or for a given number of items shall be at least equivalent to the following: (a) in the case of cigars or cigarillos, 5% of the retail selling price inclusive of all taxes or EUR 12 per 1 000 items or per kilogram EUR 12 per 1 000 items or per kilogram. In the event that Member States decide to increase the specific rate on cigars and cigarillos, the increase by 1 January 2014 shall be no more than 130 % of the specific level of 1 January 2009; (b) in the case of smoking tobaccos, other than fine-cut smoking tobacco intended for the rolling of cigarettes, 20% of the retail selling price inclusive of all taxes, or EUR 22 per kilogram.
Amendment 7 #
2008/0143(CNS)
Proposal for a directive – amending act
Article 1 - point -1 (new)
Article 1 - point -1 (new)
Directive 2006/112/EC
Article 98 a (new)
Article 98 a (new)
-1) The following article is inserted: ‘Article 98a Any Member State wishing to apply for the first time, as of 1 January 2011, a reduced tax to one or more goods and services listed in Annex III, shall transmit to the Commission: - within six months of its entry into force at the latest, a report setting out the reasons for and the expected impact of the measure. The Commission shall inform all Member States of the measures adopted by the Member State concerned; - after the end of a three-year period following its entry into force, an impact assessment of the measure in view of the original objectives.’
Amendment 17 #
2008/0143(CNS)
Proposal for a directive – amending act
Annex - point 6
Annex - point 6
Directive 2006/112/EC
Annex III - point 12 a (new)
Annex III - point 12 a (new)
"(12a) supply of restaurant and catering services excluding the supply of alcoholic beverages;"
Amendment 13 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of ‘cross-border healthcare’ covers the following modes of supply of healthcare: – Use ofonly healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as '‘patient mobility'; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services)’.
Amendment 14 #
2008/0142(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, patients from other Member States should enjoy equal treatment with the nationals of the Member State of treatment and, according to the general principles of equity and non discrimination, as recognized in Article 21 of the Charter they should in no way be discriminated upon on the basis of their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. There is therefore a need to require the fundamental values common to the European Union’s health systems as adopted by the Council in June 2006, including universality, access to good quality care, equity and solidarity, to be an essential component of social protection in Europe. Member States may differentiate in the treatment accorded to different groups of patients only where they can demonstrate that this is justified by legitimate medical grounds, such as in case of specific measures for women or for certain ages groups (e.g. free of charge vaccination for children or elderly people). Furthermore, as this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, it has to be implemented and applied with due respect for the rights to equality before the law and the principle of non-discrimination in accordance with the general principles of law, as enshrined in Articles 20 and 21 of the Charter. This Directive applies without prejudice to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and other Directives giving effect to Article 13 of the EC Treaty. In the light of this, the Directive provides that patients shall enjoy equal treatment with the nationals of the Member State of treatment, including the benefit from the protection against discrimination provided for according to Community law as well as from the legislation of the Member State of treatment.
Amendment 19 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-borderhealthcare in another Member State, while establishing cooperation mechanisms between Member States in relation to healthcare and fully respecting national powers with regard to the organisation and delivery of healthcare.
Amendment 20 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or privatewithin the meaning of Article 4.
Amendment 21 #
2008/0142(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) ‘healthcare’ means any health service provided by or under the supervision of a health professional in exercise of his profession, andor health product provided or prescribed by a health professional to his patient with the aim of assessing, maintaining or restoring his state of health, regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or private.;
Amendment 22 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) ‘cross-border healthcare’ means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 23 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
Amendment 24 #
2008/0142(COD)
Proposal for a directive
Article 4 − point d
Article 4 − point d
(d) ‘health professional’ means a doctor of medicine or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or, another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC or any other person legally providing healthcare in the Member State of treatment;
Amendment 30 #
2008/0142(COD)
Proposal for a directive
Article 8 − paragraph 1
Article 8 − paragraph 1
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, ‘hospital care’ and ‘specialised care’ shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not, as defined in the legislation in force in the Member State of affiliation, in cases where care requires overnight accommodation of the patient in question for at least one night. This list shall be limited to: – healthcare that requires or the use of highly specialised and cost- intensive medical infrastructure or medical equipment; or – healthcare involving treatments presentingwhere the treatment involves a particular risk for the patient or the population.
Amendment 31 #
2008/0142(COD)
Proposal for a directive
Article 8 − paragraph 2
Article 8 − paragraph 2
Amendment 32 #
2008/0142(COD)
Proposal for a directive
Article 8 − paragraph 3
Article 8 − paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Stateshall reimburse the cost of hospital care and specialised care referred to in paragraph 1 when the treatment has been given prior authorisation.
Amendment 280 #
Amendment 288 #
Amendment 295 #
Amendment 302 #
Amendment 311 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 339 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 348 #
2008/0103(CNS)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 351 #
2008/0103(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 374 #
2008/0103(CNS)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated to the Member State where the corresponding amounts have been generated, in accordance with the procedure referred to in Article 128(2). They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005, in order to confront the new challenges, but may also be used in restructuring programmes, such as that for the milk sector.
Amendment 409 #
2008/0103(CNS)
Proposal for a regulation
Article 25 – paragraph 1 – indent 2
Article 25 – paragraph 1 – indent 2
The first subparagraph shall also apply where, the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred, unless the person who committed the non- compliance has also submitted an aid application for the relevant year. In the latter case, the sanction mentioned in subparagraph 1 shall be applied to the amounts of direct payments to be granted to the person who committed the non- compliance.
Amendment 410 #
2008/0103(CNS)
Proposal for a regulation
Article 25 – paragraph 1 – indent 3
Article 25 – paragraph 1 – indent 3
For the purpose of this paragraph "transfer" means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor, with the exception of those types of transactions which the farmer concerned cannot prevent.
Amendment 414 #
2008/0103(CNS)
Proposal for a regulation
Article 26 – paragraph 2 – indent 3
Article 26 – paragraph 2 – indent 3
Amendment 424 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – indent 1 – introductory phrase
Article 30 – paragraph 1 – indent 1 – introductory phrase
1. Member States shall not grantmay refuse an application for direct payments to a farmer in one or both of the following cases:
Amendment 431 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – indent 1 – point (a)
Article 30 – paragraph 1 – indent 1 – point (a)
(a) where the total amount of direct payments claimed or due to be granted in a given calendar year does not exceed EUR 250, a minimum threshold to be fixed by the Member State, and/or
Amendment 433 #
2008/0103(CNS)
Proposal for a regulation
Article 30 – paragraph 1 – indent 1 – point (b)
Article 30 – paragraph 1 – indent 1 – point (b)
(b) where the eligible area of the holding for which direct payments are claimed or due to be granted does not exceed one hectare. However, Cyprus may set a minimum eligible area of 0.3 hectares and Malta of 0.1 hectaresa minimum threshold to be fixed by the Member State. These two minimum thresholds shall be defined according to objective and non discriminatory criteria. Concerning the direct payments for vineyards, referred to in annex VII.C, the condition laid down in point a) shall apply only from the year 2012.
Amendment 447 #
2008/0103(CNS)
Proposal for a regulation
Article 31 – paragraph 3 – indent 1 a (new)
Article 31 – paragraph 3 – indent 1 a (new)
Nevertheless, if payments are made as an advance or in 2 instalments, the first amount is determined on the base of the results of the administrative and on the spot checks that are available at the date of payment and at such a level that the definitive amount of the payment is not less than the amount of the first instalment.
Amendment 449 #
2008/0103(CNS)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 453 #
2008/0103(CNS)
Proposal for a regulation
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. By way of derogation from paragraph 2 and on the basis of the results of administrative checks and on-the-spot checks, the competent authority may pay to the producer an advance equal to 60 % of the payments under support schemes listed in Annex I. Furthermore, in accordance with the procedure referred to in Article 128, the Commission may authorise the Member States, subject to the budgetary situation, to pay advances up to 80 % of the payments under support schemes listed in Annex I.”
Amendment 469 #
2008/0103(CNS)
Proposal for a regulation
Article 44 – paragraph 2 – indent 1 a (new)
Article 44 – paragraph 2 – indent 1 a (new)
A Member State may decide that payment entitlements shall only be transferred by sale or any other definitive transfer.
Amendment 660 #
2008/0103(CNS)
Proposal for a regulation
Article 70 – title
Article 70 – title
Mutual funds and insurances for animal and plant diseases
Amendment 663 #
2008/0103(CNS)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Member States may provide for financial compensation to be paid to farmers for economic losses caused by the outbreak of animal or plant disease by way of financial contributions to mutual funds and to premiums for insurances against animal diseases.
Amendment 675 #
2008/0103(CNS)
Proposal for a regulation
Article 70 – paragraph 4 – point c a (new)
Article 70 – paragraph 4 – point c a (new)
(ca) the costs of the insurance premium: The minimum and maximum duration of the commercial loans eligible to financial contribution shall be fixed by the Commission in accordance with the procedure referred to in Article 127 (2). Where financial compensation is paid by the fund in accordance with point (c), the public financial contribution shall follow the same rhythm as the one scheduled for a commercial loan of minimum duration.
Amendment 749 #
2008/0103(CNS)
Proposal for a regulation
Annex III – column 2 – title
Annex III – column 2 – title
Amendment 750 #
2008/0103(CNS)
Proposal for a regulation
Annex III – line 3 – column 2
Annex III – line 3 – column 2
Amendment 755 #
2008/0103(CNS)
Proposal for a regulation
Annex III – line 4 – column 2 – indents 3 and 4
Annex III – line 4 – column 2 – indents 3 and 4
Amendment 758 #
2008/0103(CNS)
Proposal for a regulation
Annex III – line 5 – column 1
Annex III – line 5 – column 1
Amendment 23 #
2008/0051(CNS)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where it is possible, through the use of appropriate evidence, to determine beyond reasonable doubt where an irregularity has taken place during a movement under suspension of excise duty giving rise to the release for consumption of excise goods, excise duty shall be liable in the Member State in which the irregularity took place.
Amendment 24 #
2008/0051(CNS)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Where an irregularity can be proven to have taken place in one Member State, resulting in the release for consumption of excise goods in relation to which the excise tax stamps of the Member State of destination are attached, excise duty shall become payable in the Member State in which the irregularity took place only when the excise duty is reimbursed by the Member State of destination to the economic operator.
Amendment 25 #
2008/0051(CNS)
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. In cases of irregularity where the Member State of destination does not levy excise duty through the use of excise stamps, the excise duty shall become payable to the Member State in which the irregularity took place immediately.
Amendment 26 #
2008/0051(CNS)
Proposal for a directive
Article 11 – paragraph 1 – point e a (new)
Article 11 – paragraph 1 – point e a (new)
(ea) delivery to an approved R&D facility, laboratory, government department or other approved party for the purpose of quality testing, pre-market introductory examination and verification for possible counterfeiting, provided that the goods involved are not deemed to be in commercial quantities, where: (i) Member States may set the levels of ‘commercial quantities'; and (ii) Member States may establish simplified procedures to facilitate the movement of goods under this point.
Amendment 27 #
2008/0051(CNS)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may exempt from payment of excise duty excise goods supplied by tax-free shops which are carried away in the personal luggage of travellers taking a flight or sea, sea-crossing or land-crossing to a third territory or to a third country.
Amendment 36 #
2008/0051(CNS)
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
(3a) movement of goods pursuant to Article 11(ea).
Amendment 83 #
2008/0050(COD)
Proposal for a regulation
Article 8
Article 8
Without prejudice to the conditions of use provided for in the Regulation authorising the respective feed additive, complementary feed, such as licking buckets containing minerals, shall not contain feed additives incorporated at levels more than 100 times the relevant fixed maximum content in complete feed or five times in case of coccidiostats and histomonostats.
Amendment 4 #
2008/0045(COD)
Proposal for a directive – amending act
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [128 months after entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 38 #
2008/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) There is public interest in the relationship between diet and health and in the choice of an appropriate diet to suit individual needs. The Commission White Paper on a Strategy for Europe on Nutrition, Overweight and Obesity related health issues noted that nutrition labelling is an important tool toone method for informing consumers about the composition of the foods and help them make an informed choice. Education and information campaigns run by Member States are an important mechanism for improving consumer understanding of food information. The EU consumer policy strategy 2007 - 2013 underlined that allowing consumers to make informed choice is essential both to effective competition and consumer welfare. Knowledge of the basic principles of nutrition and appropriate nutrition information on foods would contribute significantly towards enabling the consumer to make such an informed choice.
Amendment 39 #
2008/0028(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) New mandatory food information requirements should however only be established if and where necessary, in accordance with the principles of subsidiarity, proportionality, transparency and sustainability.
Amendment 40 #
2008/0028(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to take account of changes and developments in the field of food information, provisions should be made to empower the Commission to amend the list of mandatory information by adding or removing particulars and for enabling the availability of certain particulars through alternative means. CPublic consultation with all stakeholders should facilitate timely and well targeted changes of food information requirements.
Amendment 41 #
2008/0028(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Food labels should be clear and understandable to assist consumers wanting to make better-informed food and dietary choices. Studies show that legibility is an important element in maximising the possibility that labelled information can influence its audience and that the small print size is one of the main causes of, consequently, factors such as print size, font, colour and contrast should be considered together to ensure consumer dissatisfaction with food labels.
Amendment 44 #
2008/0028(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is also important to provide consumers with information on the other alcoholic beverages. Specific Community rules already exist on the labelling of wine. Council Regulation (EC) No 1493/1999 of 17 May 19991479/2008 of 29 April 2008 on the common organisation of the market in wine1 provides an exhaustive set of technical standards which fully cover all oenological practices, manufacturing methods and means of presentation and labelling of wines, thus ensuring that all stages in the chain are covered and that consumers are protected and properly informed. In particular, this legislation describes in a precise and exhaustive manner the substances likely to be used in the production process, together with the conditions for their use via a positive list of oenological practices and treatments; any practice not included in this list is prohibited. Therefore, it is appropriate to exempt wine at this stage from the obligation to list the ingredients and to provide for a nutrition declaration. As regards beer, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […]110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks2 , and repealing Council Regulation (EEC) No 1576/89as regards mixed drinks containing alcohol, and in order to ensure a consistent approach and coherence with the conditions established for wine, the same kind of exemptions shall apply. However, the Commission will produce a report after five years of the entry into force of this Regulation and may propose, if necessary, specific requirements in the context of this Regulation. ____________________ 1 2OJ L 148, 6.6. 2008, p. 1. OJ L […], [...], p. [...] 2 OJ L 179, 14.07.99, p. 1. OJ L 39, 13.2.2008, p.16.
Amendment 54 #
2008/0028(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or ‘front of pack’ is useful when making purchasing decisionsregarding the positioning of such information is inconclusive. Therefore, to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the labeldisplayed together in the same field of vision.
Amendment 61 #
2008/0028(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Member States should not be able to adopt provisions other than those laid down in this Regulation in the field it harmonises, unless specifically indicated in it. Furthermore, as national labelling requirements are capable of giving rise to obstacles to free movement in the internal market, Member States should demonstrate why such measures are necessary and set out the steps they will take to ensure they apply in the manner which least restricts trade.
Amendment 62 #
2008/0028(COD)
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
It shall apply to all prepacked foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.
Amendment 65 #
2008/0028(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When food information law establishes new requirements, consideration shall be given to the need forunless such requirements relate to the protection of human health, a transitory period shall be granted after the entry into force of the new requirements, during which foods bearing labels not complying with the new requirements can be placed on the market and for stocks of such foods that have been placed on the market before the end of the transitory period to continue to be sold until exhausted.
Amendment 66 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph b – point i
Article 4 – paragraph 1 – subparagraph b – point i
(i) compositional attributes, as defined in Annex II, that may be harmful to the health of certain groups of consumers;
Amendment 67 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph b – point iii
Article 4 – paragraph 1 – subparagraph b – point iii
Amendment 68 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When considering the need for mandatory food information, account shall be taken of a widespread need on the part of the majority of consumers forthe potential costs and benefits to stakeholders of providing certain information to which they attach significant value or of any generally accepted benefits to thenable consumer to enable thems to make informed choices.
Amendment 69 #
2008/0028(COD)
Proposal for a regulation
Article 6
Article 6
Any pre-packed food intended for supply to the final consumer or to mass caterers shall be accompanied by food information in accordance with this Regulation.
Amendment 70 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(2a). The Council, in accordance with the procedure laid down in Article 95 of the Treaty, may draw up a non-exhaustive list of the claims and terms, the use of which, under paragraph 1, shall at all events be prohibited or restricted.
Amendment 74 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Food business operators within the business under their control shall ensure that information relating to non-prepacked food shall be transmittedavailable to the operator receivhandling the food in order to enable, where appropriate him or her, when asked, theo provision ofde the mandatory food information specified in Article 9(1) points (a) to (c) and (f) to the final consumer.
Amendment 83 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point j
Article 9 – paragraph 1 – point j
(j) instructions for use when it would be impossible to make appropriatedangerous to use of the foodproduct in the absence of such instructionsform in which it is sold;
Amendment 84 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point l
Article 9 – paragraph 1 – point l
Amendment 85 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 87 #
2008/0028(COD)
Proposal for a regulation
Article 11
Article 11
1. For specific types or categories of foods, the Commission may provide for derogations, in exceptional cases, from the requirements laid down in Article 9(1) (b) and (f), provided that such derogations do not result in the final consumer and mass caterers being inadequately informed. Those measures designed to amend the non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). 2. Member States may adopt measures derogating from Article 9(1) and Article 10(2) in the case of milk and milk products presented in glass bottles intended for reuse. They shall communicate to the Commission the text of those measures without delay.
Amendment 95 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to specific Community legislation applicable to particular foods as regards to the requirements referred to in Article 9(1)(a) to (k), when appearing on the package or on the label attached thereto, the mandatory particulars listed in Article 9(1) shall be printed on the package or on the label in characters of a font size of at least 3mm and shall be presented in a way so as to ensure a significant contrast between the print and background.
Amendment 96 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 100 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 102 #
2008/0028(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 104 #
2008/0028(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 105 #
2008/0028(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) To appeal to the average consumer and to serve the informative purpose for which it is introduced, and given the current level of knowledge on the subject of nutrition, the information provided should be simple and easily understood. Research has indicated that consumers find the information in the principal field of view or ‘front of pack’ is useful when making purchasing decisionsregarding the positioning of such information is inconclusive. Therefore, to ensure that consumers can readily see the essential nutrition information when purchasing foods such information should be in the principal field of view of the labeldisplayed together in the same field of vision.
Amendment 110 #
2008/0028(COD)
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
It shall apply to all prepacked foods intended for the final consumer, including foods delivered by mass caterers and foods intended for supply to mass caterers.
Amendment 110 #
2008/0028(COD)
Proposal for a regulation
Article 20 – point (e)
Article 20 – point (e)
(e) wine as defined in Council Regulation (EC) No 1493/1999, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […]110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks1, and repealing Council Regulation (EEC) No 1576/89mixed drinks containing alcohol. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); ____________________ 1 OJ L 179, 14.7.1999, p. 1.
Amendment 114 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point p
Article 2 – paragraph 2 – point p
Amendment 119 #
2008/0028(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – subpoint iii
Article 4 – paragraph 1 – point b – subpoint iii
Amendment 119 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b)
Article 29 – paragraph 1 – point b)
(b) the amounts of fat, saturates,protein and carbohydrates with specific reference to sugars, and salt.
Amendment 125 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, fruit beer, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […]110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks1, and repealing Council Regulation (EEC) No 1576/89mixed drinks containing alcohol. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); ____________________ 1 OJ L 179, 14.7.1999, p. 1.
Amendment 129 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a)
Article 29 – paragraph 2 – point a)
(a) transsaturated fats;
Amendment 133 #
Amendment 135 #
Amendment 136 #
Amendment 137 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 138 #
2008/0028(COD)
Proposal for a regulation
Article 11 – paragraph 1a (new)
Article 11 – paragraph 1a (new)
(1a) Member States may adopt measures derogating from Article 9(1) and Article 10(2) in the case of milk and milk products presented in glass bottles intended for reuse. They shall communicate to the Commission the text of those measures without delay.
Amendment 148 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The particulars referred to Article 31(2) related to the mandatory nutrition declaration shall be includdisplayed in the principalsame field of vision. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with specific reference to sugars, and salt.
Amendment 151 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulationbe clearly legible.
Amendment 156 #
2008/0028(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 165 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 1 – indent 2 (new)
Article 38 – paragraph 1 – indent 2 (new)
Such measures shall not give rise to obstacles to the free movement of goods in the internal market.
Amendment 170 #
2008/0028(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 170 #
2008/0028(COD)
Proposal for a regulation
Article 40
Article 40
Member States which, at the time this Regulation takes effect, already have national rules may, pending the adoption of the Community provisions referred to in Article 20(e), maintain nationalsuch rules as regard the listing of ingredients in the case of beverages containing more than 1,2 % by volume of alcohol.
Amendment 174 #
2008/0028(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
e) wine as defined in Council Regulation (EC) No 1493/1999, beer,nd wine products as defined in Article 1(1) of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine and Article 2(1) of Council Regulation (EC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails, similar products obtained from fruit other than grapes, cider, perry, beer and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 and other alcoholic beverages. The Commission shall produce a report after [five years of the entry into force of this Regulation] concerning the application of Article 19 on these products and may accompany this report by specific measures determining the rules for labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted where necessary in accordance with the regulatory procedure with scrutiny referred to in Article 49(3); following procedure: (i) as regards the products referred to in Council Regulation (EC) No 479/2008, under the procedure laid down in Article 113(1) of that Regulation; (ii) as regards the products referred to in Article 2(1) of Council Regulation (EC) No 1601/91, under the procedure laid down in Article 13 of that Regulation; (iii) as regards the products referred to in Council Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit, under the procedure laid down in Article 25(1) of that Regulation; (iv) as regards other products, under the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union. Without prejudice to the specificities identified through the above-mentioned procedures for products referred to in points(i), (ii) and(iii), the measures shall apply consistently and become applicable at the same time for all products listed;
Amendment 175 #
2008/0028(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where foods are offered for sale to the final consumer or to mass caterers without pre-packaging, or where foods are packed on the sales premises at the consumer's request or prepacked for direct sale, the Member States may adopt detailed rulguidelines concerning the manner in which the particulars specified in Articles 9 and 10 are to be shown.
Amendment 178 #
2008/0028(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c), provided that the consumer or mass caterer still receives sufficient information. Oral information can be given to customers when they ask for it.
Amendment 185 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission will also introduce a formal notification procedure for all stakeholders in line with the provisions established in Directive 98/34.
Amendment 186 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 189 #
2008/0028(COD)
Proposal for a regulation
Article 44
Article 44
Amendment 191 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
b) the amounts of fat, saturates, industrial transfatty acids and carbohydrates with specific reference to natural and added sugars, and salt.
Amendment 194 #
2008/0028(COD)
Proposal for a regulation
Article 53 – indent 2
Article 53 – indent 2
Amendment 196 #
2008/0028(COD)
Proposal for a regulation
Article 53 – indent 3
Article 53 – indent 3
Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, lessfewer than 150 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million where they shall apply [the first day of the month 5 years after the entry into force]. Foods placed on the market or labelled prior to 1 July 2007 which do not comply with this Regulation may be marketed until their expiry date, but not later than 31 December 2009. Foods placed on the market prior to the date of application of this Regulation which do not comply with this Regulation may be marketed until all stocks have been exhausted. Article 17(1) shall apply from [the first day of the month 15 years after the entry into force].
Amendment 198 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
This paragraph shall not apply to wine as defined in Council Regulation (EC) No 1493/1999nd wine products as defined in Article 1(1) of Council Regulation (EC) No 479/2008 and Article 2(1) of Council Regulation (EC) No 1601/91, similar products obtained from other than grapes, cider, perry, beer, and spirits as defined in Article 2(1) of Regulation (EC) No. […] of […] of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 and other alcoholic beverages. The Commission shall produce a report afterby [five years ofafter the entry into force of this Regulation] concerning the application of this paragraphArticle 19 on these products and may accompany this report by specific measures determining the rules for a mandatory nutrition declaration for these products. Those measures designed to amend non- essential elements of this Regulation, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3). labelling ingredients. Those measures designed to amend non-essential elements of this Regulation, by supplementing it shall be adopted, where necessary, in accordance with the following procedure: (i) as regards the products referred to in Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, under the procedure laid down in Article 113(1) of that Regulation; (ii) as regards the products referred ton in Article 2(1) of Council Regulation (EC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails, under the procedure laid down in Article 13 of that Regulation; (iii) as regards the products referred to in Council Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, under the procedure laid down in Article 25(1) of that Regulation; (iv) as regards other products, under the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union. Without prejudice to the specificities identified through the above-mentioned procedures for products referred to in points (i), (ii) and (iii), the measures shall apply consistently and become applicable at the same time for all the products listed.
Amendment 201 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2 a (new)
Article 29 – paragraph 1 – subparagraph 2 a (new)
The information concerning calories in particular should be labelled and highlighted, so that the consumer's attention is drawn to it.
Amendment 204 #
2008/0028(COD)
Proposal for a regulation
Annex I – point 4
Annex I – point 4
4. ‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group) carbon- carbon double bond in the trans configuration, excluding ruminant trans fatty acids of natural origin;
Amendment 207 #
2008/0028(COD)
Proposal for a regulation
Annex I – point 10
Annex I – point 10
10. ‘protein’ means the protein content calculated using the formula: protein = total Kjeldahl nitrogen × 6,25 (× 6,38 for milk protein);
Amendment 209 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 1 - letter d
Annex II – point 1 - letter d
(d) cereals used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.
Amendment 210 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 7 - letter a
Annex II – point 7 - letter a
(a) whey used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol;
Amendment 211 #
2008/0028(COD)
Proposal for a regulation
Annex II – point 8- letter a
Annex II – point 8- letter a
(a) nuts used for making alcoholic distillates or ethyl alcohol of agricultural origin for spirit drinks and other beverages containing more than 1,2 % by volume of alcohol.
Amendment 216 #
2008/0028(COD)
Proposal for a regulation
Annex IV – 18th indent
Annex IV – 18th indent
- food directly supplied by the manufacturer of small quantities of products to the final consumer or to local retail establishments directly supplying the final consumer;
Amendment 217 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – point 1 – subparagraph 2
Annex VI – part B – point 1 – subparagraph 2
The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated oil unless the amount of saturates and trans fats are included in the nutrition declaration
Amendment 218 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – point 2 – subparagraph 2
Annex VI – part B – point 2 – subparagraph 2
The adjective ‘hydrogenated’ must accompany the indication of a hydrogenated fat unless the amount of saturates and trans fats are included in the nutrition declaration.
Amendment 226 #
Amendment 227 #
2008/0028(COD)
Proposal for a regulation
Annex XIII – part B – point 2 – Table – fourth line
Annex XIII – part B – point 2 – Table – fourth line
– artificial trans fats
Amendment 228 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. Where the nutrition declaration is required for a product listed under Annex IV because a health or a nutrition claim is made, the nutrition declaration does not have to be presented in the principal field of vision.
Amendment 236 #
2008/0028(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2 a. In order to ensure full farm-to-fork traceability of food, the labelling system shall also ensure that products can be traced to both the country of origin and the producer of origin. However, this rule shall not be applied to products where the producer of origin can not be determined, e.g. in the case of milk.
Amendment 250 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1 a (new)
Article 38 – paragraph 1 – subparagraph 1 a (new)
Such measures shall not give rise to obstacles to the free movement of goods in the internal market.
Amendment 259 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall consult the Standing Committee on the Food Chain and Animal Health set up by Article 58(1) of Regulation (EC) No 178/2002 if it considers such consultation to be useful or if a Member State so requests. The Commission will also introduce a formal notification procedure for all stakeholders in line with the provisions of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations1 . ____________________ 1 OJ L 204, 21.7.1998, p. 37.
Amendment 260 #
2008/0028(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 270 #
2008/0028(COD)
Proposal for a regulation
Annex I – point 4
Annex I – point 4
4. ‘trans fat’ means fatty acids with at least one non-conjugated (namely interrupted by at least one methylene group) carbon- carbon double bond in the trans configuration, with the exception of naturally derived trans fats produced by ruminants;
Amendment 40 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 43 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 45 #
2008/0016(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Renewable Energy Roadmap demonstrated that a 2019% target for the overall share of energy from renewable sources and a 107.5% target for renewable energy in transport would be appropriate and achievable objectives, and that a framework that includes mandatory targets should provide the business community with the long term stability it needs to make rational investment decisions in the renewable energy sector.
Amendment 48 #
2008/0016(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 49 #
2008/0016(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Parliament recognises and supports the statement by the Brussels European Council of 8 and 9 March 2007 designed to strengthen the Union's commitment to the Community-wide development and production of renewable energies beyond 2010. Given the Union's production potential, a mandatory target of 7.5% of biofuels in transport petrol and diesel consumption and a 19% share of renewable energies in overall Community energy consumption by 2020 seem feasible. The binding character of this target is appropriate subject to production being sustainable, second-generation biofuels becoming commercially available and Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC1 being amended to allow for adequate levels of blending. _______ 1 OJ L 350, 28.12.1998, p. 58. Directive last amended by Regulation (EC) n° 1882/2003 (OJ L 284, 31.10.2003, p. 1).
Amendment 50 #
2008/0016(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) For the achievement of the national targets, biofuel certificates coming from a Member State with whom another Member State has signed a bilateral agreement, will be taken into account. These biofuel certificates shall be cancelled in the acquisition country. The greenhouse gas emission savings linked to the biofuel certificates shall be counted in the acquisition country.
Amendment 52 #
2008/0016(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the Commission, the Council and the European Parliament, it is appropriate to establish mandatory targets for an overall 2019% share of renewable energy and a 107.5% share of renewable energy in transport in the European Union's consumption in 2020.
Amendment 53 #
2008/0016(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States' starting points, renewable energy potentials and energy mixes vary. It is therefore necessary to translate the overall 2019% target into individual targets for each Member State, with due regard to a fair and adequate allocation taking account of different national starting points and potentials, including the existing level of renewable energies and energy mix. It is appropriate to do this by sharing the required total increase in the use of energy from renewable sources between Member States on the basis of an equal increase in each Member State's share weighted by their Gross Domestic Product, modulated to reflect national starting points, and by accounting in terms of final energy consumption.
Amendment 55 #
2008/0016(COD)
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 107.5% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. Because transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able to obtain renewable transport fuels from elsewhere. While it would technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that the target will in fact be met through a combination of domestic production and imports. To this end, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and imports, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, cost, energy security and other considerations.
Amendment 71 #
2008/0016(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to permit the achievement of a 107.5% share of biofuels, it is necessary to ensure the placing on the market of higher blends of biodiesel in diesel than those envisaged by standard EN590/2004.
Amendment 72 #
2008/0016(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Since the general objectives of achieving a 2019% share of renewable energies in the Community's overall energy consumption and a 107.5% share of biofuels in each Member State's transport petrol and diesel consumption by 2020 cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 84 #
2008/0016(COD)
Proposal for a directive
Article 3 − paragraph 3 − subparagraph 1
Article 3 − paragraph 3 − subparagraph 1
Each Member State shall ensure that the share of energy from renewable sources in transport in 2020 is at least 107.5% of final consumption of energy in transport in that Member State.
Amendment 93 #
2008/0016(COD)
Proposal for a directive
Article 9 − paragraph 1
Article 9 − paragraph 1
Amendment 94 #
2008/0016(COD)
Proposal for a directive
Article 9 − paragraph 1 a (new)
Article 9 − paragraph 1 a (new)
(1a) Member States may request the competent bodies designated in accordance with Article 7 to transfer the guarantees of origin submitted for cancellation under Article 8(1) to another Member State. Such guarantees of origin shall immediately be cancelled by the competent body in the receiving Member State.
Amendment 97 #
2008/0016(COD)
Proposal for a directive
Article 9 − paragraph 2
Article 9 − paragraph 2
2. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to or from persons in other Member States if, in the absence of such a system, the transfer of guarantees of origin to or from the Member State concerned is likely to impair their ability to ensure a secure and balanced energy supply or is likely to undermine the achievement of the environmental objectives underlying their support scheme. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to persons in other Member States if in the absence of such a system, the transfer of guarantees of origin is likely to impair their ability to comply with Article 3(1) or to ensure that the share of energy from renewable sources equals or exceeds the indicative trajectory in Part B of Annex I. The system of prior authorisation shall not constitute a means of arbitrary discriminatioThe system of prior authorisation constitutes a potential means of arbitrary discrimination and a barrier to free trade in guarantees of origin.
Amendment 99 #
2008/0016(COD)
Proposal for a directive
Article 9 − paragraph 4
Article 9 − paragraph 4
Amendment 138 #
2008/0016(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Barriers to national target achievement Where a Member State considers that, due to 1. insufficient availability of sustainable biofuel or guarantees of origin on the market or 2. any administrative or legal obstacle that is not from its responsibility, it is under the impossibility to meet the share of energy from renewable sources in final consumption of energy in 2020 set out in the third column of the table in Annex 1, it shall inform the Commission as soon as possible. The Commission shall adopt a decision on whether these aforementioned barriers have been demonstrated, in which case it shall decide what adjustment shall be made to the Member State's final consumption of energy from renewable sources for the year 2020.
Amendment 141 #
2008/0016(COD)
Proposal for a directive
Annex I A
Annex I A
A. National overall targets Share of energy from TInitial target for share ofRectified target for renewable sources in share of energy from share of energy from final consumption of renewable sources in renewable sources in energy, 2005 (S2005) final consumption of final consumption of energy, 2020 (S2020) energy, 2020 (S2020) Belgium 2.2% 13% RT%* Bulgaria 9.4% 16% RT% The Czech Republic 6.1% 13% RT% Denmark 17.0% 30% RT% Germany 5.8% 18% RT% Estonia 18.0% 25% RT% Ireland 3.1% 16% RT% Greece 6.9% 18% RT% Spain 8.7% 20% RT% France 10.3% 23% RT% Italy 5.2% 17% RT% Cyprus 2.9% 13% RT% Latvia 34.9% 42% RT% Lithuania 15.0% 23% RT% Luxembourg 0.9% 11% RT% Hungary 4.3% 13% RT% Malta 0.0% 10% RT% The Netherlands 2.4% 14% RT% Austria 23.3% 34% RT% Poland 7.2% 15% RT% Portugal 20.5% 31% RT% Romania 17.8% 24% RT% Slovenia 16.0% 25% RT% The Slovak Republic 6.7% 14% RT% Finland 28.5% 38% RT% Sweden 39.8% 49% RT% United Kingdom 1.3% 15% 1.3% 15% RT% * The target for the share of energy from renewable sources in final energy consumption in 2020, for each of the Member States, shall be calculated as follows: RT = IT - (TR x CS) where: - RT = rectified final target calculated on the basis of a share of 7.5% of biofuels in total transport petrol and diesel consumption; - IT = initially proposed final target per Member State (expressed as %); - TR, reduced target for biofuels in total transport petrol and diesel consumption (10% - 7.5% = 2.5%); - CS = share of transport diesel and petrol in total energy consumption (situated between 0 and 1).
Amendment 1 #
2007/2290(INI)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Treaty establishing the European Community and in particular Article 141 thereof,
Amendment 2 #
2007/2290(INI)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
– having regard to the 2006-2010 gender equality roadmap,
Amendment 3 #
2007/2290(INI)
Draft opinion
Citation 1 c (new)
Citation 1 c (new)
Amendment 1 #
2007/2285(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points to the important role the CAP plays in producing healthy food, as part of a comprehensive approach to tackling the problems of overweight and obesity; underlines the role of European farmers and producers, who, by providing healthy food of a suitable quality and using environmentally friendly production methods, help to solve these problems and to preserve biodiversity;
Amendment 6 #
2007/2285(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for an analysis of the role played by flavour enhancers such as glutamates, guanylates and inosinates, massive quantities of which are to be found in many food products, particularly in ready- made meals and industrially produced foodstuffs, in order to determine their influence on consumption patterns;
Amendment 8 #
2007/2285(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the role to be played by public- private partnerships and cooperation between stakeholders at all levels – from Community level to local level – and with those professionally involved such as Eurotoques in achieving the objectives set out in the White Paper;
Amendment 10 #
2007/2285(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is in favour of the wide-scale information programmes for parents to cultivate their awareness of their responsibility to offer children a balanced diet, and education of children and young people through programmes promoting a balancedhealthy diet and physical activity;
Amendment 17 #
2007/2285(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers it important to make information available about balanced eating and to support initiativecampaigns to increase consumption of fruit and vegetables and dairy products, particularly among young people and low-income population groups, as well as the elderly and women with children;
Amendment 24 #
2007/2285(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that food imported from third countries should meet the same high standards and criteria with regard to quality, animal welfare and, environmental protection and the preservation of biodiversity as are applied to food produced in the EU Member States.
Amendment 35 #
2007/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Endorses the strategy's 'target population', namely all of the following stakeholders identified and addressed in the communication: 'animal owners, the veterinary professionexperts in the field, the veterinary profession, food chain businesses, animal health industries, animal interest groups, researches and teachers, governing bodies of sport and recreational organisations, educational facilities, consumers, travellers, competent authorities of Member States and the EU institutions';
Amendment 38 #
2007/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that the animal health strategy should also cover the activities of abattoirs, animal transport businesses and feed suppliers, while taking account of administrative simplification;
Amendment 44 #
2007/2260(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that the proposed strategy can produce positive results if clear and transparent arrangements are laid down for the funding of the individual measures, something that the Commission communication fails to do; considers that the strategy should clearly indicate by whom, and in what amount, individual measures – such as ensuring biological security on farms, vaccination programmes, scientific research or higher animal welfare standards – are to be funded; draws attention to the fact that the common animal health policy is one of the most integrated EU policies and that most of its funding should be covered by the Community budget, which should not preclude the financial responsibility of the Member States and farmers;
Amendment 86 #
2007/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses, furthermore, that the replacement of the current set of inter- linked and inter-dependent policy measures with a single legal framework that take particular account of the OIE/Codex recommendations, standards and guidelines should be a central plank of the strategy; while avoiding any deterioration in health status in the Union;
Amendment 122 #
2007/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges the need to promote on- farm biosecurity measures; considers that measures such as the isolation of new animals brought to farms, the isolation of sick animals and regulation of the movement of people can have a major impact in restricting the spread of disease while seeking not to overdo cross- compliance;
Amendment 21 #
2007/2238(INI)
Motion for a resolution
Recital E
Recital E
E. whereas several global, EU and national institutions have, long before the current financial crisis, voiced their conceranalysed concerns and made recommendations in relation to hedge funds and private equity about financial stability, inadequate risk management, excessive debt (leverage) and the valuation of illiquid and complex financial instruments,
Amendment 26 #
2007/2238(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is empiricalno clear evidence that hedge funds engage in herding in times of market turmoil, thus giving rise to financial stability concerns,
Amendment 46 #
2007/2238(INI)
Motion for a resolution
Recital K
Recital K
K. whereas enhanced appropriate levels of transparency towards the public, investors and supervisory authorities, including, in future, any new EU supervisory body, are crucial to ensure such well-functioning and stable financial markets as well as for promoting competition between market actors and products,
Amendment 53 #
2007/2238(INI)
Motion for a resolution
Recital L
Recital L
L. whereas excessive debtit is unclear in what way high debt levels required by much of the activities of hedge funds and private equity threatens financial stability, prejudicesmight impact on the realisation of the long-term investment, growth and jobs agenda and is, moreover, unfairly favoured in national tax regimes,
Amendment 67 #
2007/2238(INI)
Motion for a resolution
Recital N
Recital N
N. whereas in the event of extreme debt loads, private equity leveraged buy-outs may affect the viability of the target companies,
Amendment 75 #
2007/2238(INI)
Motion for a resolution
Recital O
Recital O
O. whereas there are manymight be conflicts of interest either arising from the business model of private equity or hedge funds or from the relationships between those vehicles and other actors in financial markets,
Amendment 83 #
2007/2238(INI)
Motion for a resolution
Recital P
Recital P
P. whereas whilst there is no evidence that those vehicles caused the current financial crisis, they have been involved in the business of non-regulated and highly complex structured products; whereas not being adequately capitalised and thus volatile to turbulences, those vehicles enhanced the crisis,
Amendment 104 #
2007/2238(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit to Parliament by 30 November 2008, on the basis of Article 44, Article 47(2), or Article 95 of the EC Treaty, a legislative proposal or proposalsa study on hedge funds, private equity and other relevant actors, following the detailed recommendations below;
Amendment 110 #
2007/2238(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 118 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 1
Annex – recommendation 1 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulatestudy should cover the following points:
Amendment 122 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point a
Annex – recommendation 1 – point a
(a) Capital requirements Investment firms, insurance companies, credit institutions, conventional funds (such as UCITS and pension funds/IORPs) have to comply with capital requirements. Whatever the legal structure of hedge fund and private equity vehicles, including limited partnerships, the Commission should consider ensureing that an appropriate capital requirement is introduced at the level of the entity that controls the investment of the fund or funds concerned (i.e. management firm), covering all funds regardless of their place of registration. These capital requirements should nevertheless not be additional requirements to already existing rules and in no case be regarded as a guarantee in case of any fund failure.
Amendment 129 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point b
Annex – recommendation 1 – point b
Amendment 135 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point c
Annex – recommendation 1 – point c
(c) Liquidity The Commission should introduceconsider risk-weighted capital adequacy requirements in respect of liquidity risk in its revision of the Directive 2006/48/EC.
Amendment 140 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point d
Annex – recommendation 1 – point d
(d) Valuation The Commission should proposeconsider ways for the introduction of precise rules on the valuation of illiquid financial instruments in order better to protect investors and the stability of financial markets.
Amendment 148 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 1 – point g
Annex – recommendation 1 – point g
Amendment 154 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 1
Annex – recommendation 2 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulatestudy should cover the following points:
Amendment 159 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point a
Annex – recommendation 2 – point a
(a) Registration and authorisation of management companies and funds' managers The Commission should establish an EU framework for the registration and authorisation of entities that control the investment of hedge funds or private equity (i.e. management firms)for non-retail investors, which should function on a single entry point basis: once authorised, the entities concerned should have access to undertake business throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure that management firms disclose the following: - the name and domicile of funds they control, - the identity of managers, - corporate earnings and bonuses, - remuneration of directors, senior executives and other staff with investment responsibilities, and - relationships with prime brokers. That information should be set out in a uniform format (also to facilitate the proposal for a database below).
Amendment 166 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point b
Annex – recommendation 2 – point b
(b) Notification (i.e. approval) of wholesale investment vehicles In order to encourage funds to be located onshore in the EU, the Commission should propose a separate directive along the lines of theestablishing an EU-wide private placement regime, currently under discussion, to apply to the marketing and distribution in the EU of hedge funds and private equity funds. Such a regime should function on a single entry point basis: once authorised, it should be possible to offer those wholesale investment vehicles to professional, or institutional investors throughout the EU. In order to promote a well-functioning single European financial market, the Commission should ensure the investment vehicle discloses the following: - general investment strategy and immediate information on any changes thereto, - leverage/debt exposure, - overall fees as well as breakdown of fees (including any stock options awarded to employees), - source and amount of funds raisedrisk incurred by the investment vehicle, - past performance if available, - risk-management system and portfolio valuation methods, - information on the administrator of the fund, and - share of the fund contributed by the management company and its staff. That information should be set out in a uniform format (also to facilitate the database proposal below).
Amendment 170 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point c
Annex – recommendation 2 – point c
(c) Database The Commission should, with the help of Level 3 Committees, consider establishing an EU-wide registration/authorisation database recording the information on both management firms and investment vehicles as specified above. The supervisory authorities of all Member States should have unlimited access. Relevant categories of the database should be public.
Amendment 175 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point d
Annex – recommendation 2 – point d
(d) Investors The Commission and supervisory authorities should consider ways to ensure that investors in those vehicles receive not only sufficient but also relevant and comparable information (e.g. the simplified prospectus/fact sheet for UCITS).
Amendment 179 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 2 – point e
Annex – recommendation 2 – point e
(e) Private equity and protection of employees The Commission should proposeconsider amendments to Directive 2001/23/EC so that the same protections afforded employees by that Directive, including the right to be informed and consulted, apply whenever control of the undertaking or business concerned is transferred by means of a private equity transaction.
Amendment 184 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – paragraph 1
Annex – recommendation 3 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulatestudy should cover the following points:
Amendment 188 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – point a
Annex – recommendation 3 – point a
(a) Limits on leverage for private equity The Commission should consider ways to amend Directive 77/91/EEC on capital to introduce rules to specify the appropriate level of debt at any given time in relation to the target company bearing in mind the legitimate rights of important stakeholders (including employees); in conjunction with such level, the Commission should request the Member States to introduce taxation consequences for private equity funds in cases of excessive debt; such taxation consequences could include eliminating or reducing the tax deductibility of interest payments on the debt concerned in line with best practices in Member States.
Amendment 190 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – point b
Annex – recommendation 3 – point b
(b) Capital depletion The Commission should consider ways to amend Directive 77/91/EEC on capital to set minimum capital levels for the target company by reference to the long-term interests of the target company. The Commission should also, without delay, propose consider rules to harmonise requirements for directors of the target company (i.e. management and supervisory board members), to certify that capital outflow (including any fees paid) is in the best long-term interests of the target company, including its long-term growth and R&D needs. In particular, EU corporate governance requirements, such as the provisions of the Directive 1978/660/EEC, might be amended to achieve that result.
Amendment 196 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – point c
Annex – recommendation 3 – point c
(c) Limits on leverage for hedge funds The Commission should devise the upper limit in the debt of hedge funds in relation to preservingRisk disclosure: In order to contribute to the preservation of the stability of the EU financial system, hedge funds should disclose and manage the risks they incur.
Amendment 198 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 3 – point d
Annex – recommendation 3 – point d
(d) EU Registration for structured products The Commission should establishassess the usefulness of a public register of structured products in the EU.
Amendment 202 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 4 – paragraph 1
Annex – recommendation 4 – paragraph 1
The European Parliament considers that the legislative act to be adopted should aim to regulatestudy should cover the following points:
Amendment 207 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 4 – point b – paragraph 1
Annex – recommendation 4 – point b – paragraph 1
(b) The Commission should also introduceconsider rules to ensure effective Chinese walls between services that investment firms provide for their clients (such as prime brokerage) and all their other business units (including asset management services, proprietary trading etc).
Amendment 208 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 4 – point b – indent 1
Annex – recommendation 4 – point b – indent 1
- Private equity The Commission should formulate ruleconsider ways by which to deal with the conflicts of interest between the private equity partners and the management of the target company (and any others who stand to gain from the deal). Those rules should include a requirement of public disclosure of any fees or other incentives received by directors (i.e. management board and supervisory board members) or employees of the target company.
Amendment 209 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 4 – point b – indent 2
Annex – recommendation 4 – point b – indent 2
- Credit Rating Agencies (CRAs) The Commission should formulate ruleconsider ways by which to deal with the conflicts of interest inherent in their current business models, and arising from the interplay among actors in today's financial markets.
Amendment 210 #
2007/2238(INI)
Motion for a resolution
Annex – recommendation 4 – point b – indent 3
Annex – recommendation 4 – point b – indent 3
Amendment 41 #
2007/2194(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for a review of setting-up support, which has remained at the same level since its introduction and which no longer appears to meet farmers' needs;
Amendment 59 #
2007/2194(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the provision made for the granting of setting-up support to young farmers to be made conditional, on a voluntary basis, on the submission of a business plan for the development of their farming activities;
Amendment 91 #
2007/2194(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that priority should be given to securing genuine simplification and greater transparency in the implementation of instruments and measures for young farmers, with a view to avoiding any misguided investment;
Amendment 92 #
2007/2194(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that farmers who are no longer classified as young farmers but will continue to farm in the medium term, who are also facing new challenges, should not be disadvantaged;
Amendment 128 #
2007/2194(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that, as part of medium- to long- term planning arrangements, the new generations of farmers should be made aware of their responsibilities with regard to combating climate change, the loss of biodiversity and water and soil pollution under existing eco-conditionality rules;
Amendment 15 #
2007/0300(CNS)
Proposal for a decision
Recital 2
Recital 2
(2) The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to addressincrease the employment rate, particularly of women and older workers, in the priority areas of – attracting and retaining more people in employment, in quality jobs, increasing labour supply and modernising social protection systems, – improving adaptability of workers and enterprises to meet the challenges arising from globalisation, and – increasing investment in human capital through better education and skills.
Amendment 16 #
2007/0300(CNS)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2 a In implementing the guidelines, Member States should increase the interaction between the guidelines and the open method of cooperation with regard to social protection and finding employment.
Amendment 18 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 1 – indent 2
Annex – paragraph 1 – indent 2
– Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation and the proportion of working poorincreasing the availability of part-time voluntary work. Synergies between quality at work, productivity and employment should be fully exploited.
Amendment 21 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 1 – indent 3
Annex – paragraph 1 – indent 3
– Strengthening social and territorial cohesion: Determined action is needed to strengthen and reinforce social inclusion, fight poverty - especially child poverty and poverty of one-parent families -, prevent exclusion from the labour market, support integration in employment of people at a disadvantage, and to reduce regional disparities in terms of employment, unemployment and labour productivity, especially in regions lagging behind. Strengthened interaction is needed with the Open Method of Coordination in Social Protection and Social Inclusion.
Amendment 25 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 2
Annex – paragraph 2
Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender related gaps in the labour market in line with the European Pact for Gender Equality, particularly by means of correct and practical application of the European directives on equal treatment. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life. Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third- country nationals and EU citizens, in line with any national targets.
Amendment 27 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 6 – indent 1
Annex – paragraph 6 – indent 1
– attract and retain more people in employment, increase labourthe supply of full- time and part-time jobs and modernise social protection systems,
Amendment 29 #
2007/0300(CNS)
Proposal for a decision
Annex – paragraph 6 – indent 2
Annex – paragraph 6 – indent 2
– improve adaptability of workers and enterprises to meet new challenges,
Amendment 31 #
2007/0300(CNS)
Proposal for a decision
Annex – section 1 – title
Annex – section 1 – title
1. Attract and retain more people in employment, preferably in jobs which do not involve fixed-term contracts, increase labour supply and modernise social protection systems
Amendment 36 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 19 – indent 3
Annex – guideline 19 – indent 3
- development of new sources of jobs in services for individuals and businesses, notably at local and regional level.
Amendment 37 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 19 a (new)
Annex – guideline 19 a (new)
Guideline 19a. Actively promote the finding of jobs by means of positive actions which afford access to lasting skilled jobs.
Amendment 38 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 20 – indent 1
Annex – guideline 20 – indent 1
- the modernisation and strengthening of labour market institutions, notably employment services, also with a view to ensuring greater transparency of employment and training opportunities at national and European level, and more substantial information on equal treatment and equal opportunities for women and men,
Amendment 39 #
2007/0300(CNS)
Proposal for a decision
Annex – section 2 – title
Annex – section 2 – title
2. Improve adaptability of workers andjob-seekers, workers and directors of enterprises
Amendment 40 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 21 – indent 1
Annex – guideline 21 – indent 1
- the adaptation of employmentlabour legislation, reviewing where necessary the different contractual and working time arrangements,
Amendment 41 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 21 – indent 2
Annex – guideline 21 – indent 2
- addressing the issue of undeclared work, by means of measures which render it unattractive to wage-earners and businesses,
Amendment 42 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 21 – indent 3
Annex – guideline 21 – indent 3
- better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, arising from globalisation so as to minimise theirits social costsimpact and facilitate adaptation,
Amendment 43 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 21 – indent 5
Annex – guideline 21 – indent 5
- support for transitions in occupational status, including training, self- employment, business creation and geographic mobilityfor Member States, implementing their own action plans based on the common principles of flexicurity adopted by the Council.
Amendment 46 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 23 – indent 1
Annex – guideline 23 – indent 1
- inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training, promoting in particular diversification of the occupations for which girls opt,
Amendment 47 #
2007/0300(CNS)
Proposal for a decision
Annex – guideline 23 – indent 3
Annex – guideline 23 – indent 3
- efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers and those who have left the labour market temporarily or permanently to carry out their family responsibilities.
Amendment 43 #
2007/0267(CNS)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/112/EC
Article 137a – paragraph 2
Article 137a – paragraph 2
2. The Council shall adopt the measures necessary for the implementation of paragraph 1 pursuant to the procedure provided for in Article 397. So long as the Council has not adopted such measures, Member States may lay down themaintain the existing detailed rules governing exercise of the option under paragraph 1.
Amendment 24 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) In future IP networks where provision of a service may be separated from provision of the network, Member States should determine the most appropriate steps to be taken to ensure the availability of publicly available telephone services provided using public communications networks and uninterrupted access to emergency services in the event of catastrophic network breakdown or in cases of force majeure, taking into consideration the technical difficulties of providing such services and so as not to constitute an excessive burden or obstacle to the development of innovative services and applications.
Amendment 25 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) End-users should be able to call and access the emergency services provided using any telephone service capable of originating and receiving voice calls through a number or numbers in the national or international telephone numbering plans. Emergency authorities should be able to handle and answer calls to the number “112” at least as expeditiously and effectively as calls to other national emergency numbers. It is important to increase awareness of “112” in order to improve the level of protection and security of citizens travelling in the European Union. To this end, citizens should be made fully aware that “112” can be used as a single emergency number when travelling in any Member States, in particular through information provided in international bus terminals, train stations, ports or airports and in telephone directories, payphone kiosks, subscriber and billing material. The obligation to provide caller location information should be strengthened so as to increase the protection of citizens of the European Union. In particular, operators should provide caller location information to emergency services in a “push” mode. In order to respond technological developments, including those leading o increasingly precise accuracy of location information, the Commission should be able to adopt technical implementing measures in order to ensure the effective implementation of "112" in the Community for the benefit of citizens of the European UnWhile such measures should aim to guarantee the safety of users, they should not constitute an unfair burden on providers or stifle the evolution or development of services and applications.
Amendment 38 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that undertakings providing a service for originating and receiving national and/or international calls through a number or numbers in a national or international telephone numbering plan provide access to emergency services, to the extent that it is technically feasible.
Amendment 81 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective, as defined in national legislation, in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 82 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 83 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 85 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9a
Article 9a
Amendment 86 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1
Article 9b – paragraph 1
1. Where appropriate, Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of the national regulatory authority. In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakingin accordance with national procedures.
Amendment 88 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c
Article 9c
In order to contribute to the development of the internal market, for the achievement of the principles of this Article, the Commission may adopt appropriate implementing measures to: (a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings; (b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfer, excluding frequencies planned by Member States for leases; (c) harmonise the specific measures to ensure fair competition where individual rights are transferredbroadcasting services; (db) create an exception to the principle of service or technology neutrality, as well as to harmonise the scope and nature of any exceptions to the principle of service or technology neutrality in accordance with paragraphs Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism. These measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC] including provision of broadcasting services.
Amendment 94 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point -a (new)
Article 1 – point 11 – point -a (new)
Directive 2002/21/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 95 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2002/21/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. National regulatory authorities shall ensure that numbering plans and procedures are applied in a manner that gives equal treatment to all providers of publicly available electronic communications servicesand users of numbers across the European. In particular, Member States shall ensure that an undertaking assigned a range of numbers does not discriminate against other providers of electronic communications serviceand users as regards the number sequences used to give access to their services.
Amendment 96 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall support the harmonisation in numbering within the Community where that promotes the functioning of the internal market orand availability of numbering resources within the Community where that is necessary to supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures. The measures designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4), in accordance with the procedure referred to in Article 22(3), take the appropriate technical implementing measures on this matter.
Amendment 119 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 124 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – point d
Article 6a – paragraph 1 – point d
Amendment 127 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 13
Article 3 – point 13
Directive 2002/20/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Without prejudice to Article 9a of Directive 2002/21/EC (Framework Directive), Member States shallmay bring general authorisations and rights of use already in existence on 31 December 2009the date of entry into force of this Directive into conformity with Articles 5, 6, 7, and Annex I of this Directive by [31 December 2010]within two years from the date of entry into force of this Directive at the latest.
Amendment 128 #
2007/0247(COD)
Proposal for a directive – amending act
Annex II
Annex II
Amendment 504 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an public or private undertaking providing electronic communications networks has the right under national legislation to install basic facilities capable of carrying electronic communications networks on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities, taking due account of the principle of proportionality, shall be able to impose the sharing of such basic facilities or property, including entries to buildings, masts, antennae, ducts, and manholes and street cabinets.
Amendment 514 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. To ensure that measures taken in accordance with paragraph 1 are proportionate, national regulatory authorities shall investigate the availability of all ducts, including those of telecommunications operators, energy providers, local communities and sewage pipes, capable of carrying telecommunications lines in the area where access is requested.
Amendment 671 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 b (new)
Article 2 – point 8 b (new)
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(8b) In Article 13, paragraph 1 is replaced by the following: "1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations relating to cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems, for the provision of specific types of interconnection and/or access, in situations where a market analysis indicates that a lack of effective competition means that the operator concerned might sustain prices at an excessively high level, or apply a price squeeze, to the detriment of end-users. National regulatory authorities shall take into account the investment made by the operator and allow him a reasonable rate of return on adequate capital employed, taking into account the risks involved and the necessity that the risk of investment be equally shared between market players."
Amendment 682 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a
Amendment 71 #
2007/0143(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) References in this Directive to insurance or reinsurance undertakings should cover captive insurance and captive reinsurance undertakings, except where special provision is made for those undertakings.
Amendment 75 #
2007/0143(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In particular, the Solvency II regime should take account of the specific nature of captive insurance and reinsurance undertakings. As those undertakings cover only risks associated with the industrial or commercial group to which they belong, appropriate approaches should be provided in line with the principle of proportionality to reflect the nature, scale and complexity of their business.
Amendment 142 #
2007/0143(COD)
Proposal for a directive
Article 13 – point 1 a (new)
Article 13 – point 1 a (new)
(1a) 'captive insurance undertaking' means an insurance undertaking owned either by a financial undertaking other than an insurance or reinsurance undertaking or a group of insurance or reinsurance undertakings to which Title III of this Directive applies, or by a non- financial undertaking, the purpose of which is to provide insurance cover exclusively for the risks of the undertaking or undertakings to which it belongs or of an undertaking or undertakings of the group of which the captive insurance undertaking is a member;
Amendment 258 #
2007/0143(COD)
Proposal for a directive
Article 85 – paragraph 1 – point h
Article 85 – paragraph 1 – point h
(h) where necessary, simplified methods and techniques to calculate technical provisions, in order to ensure the actuarial methods and statistical techniques referred to in point (a) are proportionate to the nature, scale and complexity of the risks supported by insurance and reinsurance undertakings including captive insurance and reinsurance undertakings.
Amendment 387 #
2007/0143(COD)
Proposal for a directive
Article 109 – paragraph 1 – subparagraph 1 – point j a (new)
Article 109 – paragraph 1 – subparagraph 1 – point j a (new)
(ja) the simplified calculations provided for specific sub-modules and risk modules, as well as the criteria that captive insurance and reinsurance undertakings are required to meet in order to be entitled to use each of these simplifications, as set out in Article 108.
Amendment 416 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point d
Article 127 – paragraph 1 – point d
(d) it shall have an absolute floor of 1.000.000 EUR: (i) EUR 2 200 000 for non-life insurance and reinsurance undertakings and 2.000.000 EUR for life insurance undertakings. undertakings, including captive insurance undertakings, save in the event that all or some of the risks included in one of the classes 10 to 15 listed in point A of Annexe 1 are covered, in which case it shall be no less than EUR 3 200 000, (ii) EUR 3 200 000for life insurance undertakings, including captive insurance undertakings, (iii) EUR 3 000 000for reinsurance undertakings, except in the case of captive reinsurance undertakings, in which case the Minimum Capital Requirement shall not be less than EUR 1 200 000, (iv) the sum of the amounts set out in points (i) and (ii) for insurance undertakings as referred to in Article 72(2) and (5).
Amendment 554 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 1 – subparagraph 2
Article 235 – paragraph 1 – subparagraph 2
An application as referred to in the first subparagraph shall be submitted only to the group supervisor. Tjointly and simultaneously to both the group supervisor shall informand the other supervisory authorities concerned without delay.
Amendment 558 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 2 – subparagraph 1
Article 235 – paragraph 2 – subparagraph 1
2. The group supervisor and the supervisory authoritiesy concerned shall do everything within their power to reach a joint decision on the application within six months from the date of receipt of thewhen the application was completed application by the group supervisornd received by all supervisory authorities concerned.
Amendment 562 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 2 – subparagraph 2
Article 235 – paragraph 2 – subparagraph 2
Amendment 564 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 2 – subparagraph 3
Article 235 – paragraph 2 – subparagraph 3
The joint decision shall be set out in a document containing the fully reasoned decision which shall be transmitted to the applicant by the group supervisor. The joint decision referred to above shall be recognised as determinative and applied by the supervisory authorities in the Member States concernedeach undertaking by its respective supervisory authority.
Amendment 570 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 3
Article 235 – paragraph 3
3. In the absence of a joint decision betweenDuring the supervisory authorities conciod refernred within six monthsto in paragraph 2, the group supervisor shall make its own decision on the application. The decision shall be set out in a document containing the fully reasoned decision and shall take into account the views and reservations of the other supervisory authorities concerned expressed within a six months period. The decision shall be provided to the applicant and the other supervisory authorities concerned by the group supervisor. That decision shall be recognised as determinative and applied by the supervisory authorities concernedand the supervisory authority that authorised the subsidiary may request the advice of the college formed by the supervisors of all related insurance and reinsurance undertakings of the group and the group supervisor, which will be developed in accordance with the implementing measures adopted. In the event that the college referred to in the first subparagraph is consulted, the period referred to in paragraph 2 shall be extended by two months.
Amendment 579 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 3 a (new)
Article 235 – paragraph 3 a (new)
3a. Where the college referred to in paragraph 3 has been consulted, the group supervisor and the supervisory authority that authorised the subsidiary shall duly consider such advice before taking their joint decision.
Amendment 581 #
2007/0143(COD)
Proposal for a directive
Article 235 – paragraph 3 b (new)
Article 235 – paragraph 3 b (new)
3b. In the absence of a joint decision within the periods set out in paragraphs 2 and 3, the supervisory authority that authorised the subsidiary shall take its own decision on the application. In taking its decision, the supervisory authority concerned shall duly take into account the following: (a) any views or reservations of the group supervisor expressed during the applicable period; (b) where the college referred to in paragraph 3 has been consulted, the advice of that college.
Amendment 586 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 1
Article 236 – paragraph 1
Amendment 591 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 2
Article 236 – paragraph 2
2. Where the Solvency Capital Requirement of the subsidiary is calculated on the basis of an internal model approved at group level in accordance with Article 229 and the supervisory authority having authorised the subsidiary considers that its risk profile deviates significantly from this internal model, and as long as that undertaking does not properly address the concerns of the supervisory authority, that authority may, in the cases referred to in Article 37, propose toafter informing the group supervisor to, impose a capital add-on to the Solvency Capital Requirement of that subsidiary resulting from the application of such model, or, in exceptional circumstances where such capital add-on would not be appropriate, to require that undertaking to calculate its Solvency Capital Requirement on the basis of the standard formula. The supervisory authority that authorised the subsidiary shall communicate the grounds for such proposaldecisions to both the subsidiary and the group supervisor.
Amendment 596 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 3 – subparagraph 1
Article 236 – paragraph 3 – subparagraph 1
3. Where the Solvency Capital Requirement of the subsidiary is calculated on the basis of the standard formula and the supervisory authority having authorised the subsidiary considers that its risk profile deviates significantly from the assumptions underlying the standard formula, and as long as that undertaking does not properly address the concerns of the supervisory authority, that authority may, in the cases referred to in Article 37, propose toafter informing the group supervisor to, impose a capital add- on to the Solvency Capital Requirement of that subsidiary.
Amendment 599 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 3 – subparagraph 2
Article 236 – paragraph 3 – subparagraph 2
The supervisory authority that authorised the subsidiary shall communicate the grounds for such proposala decision to both the subsidiary and the group supervisor.
Amendment 605 #
2007/0143(COD)
Proposal for a directive
Article 236 – paragraph 4
Article 236 – paragraph 4
Amendment 624 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 1 – subparagraph 1
Article 237 – paragraph 1 – subparagraph 1
1. By way of derogation from Article 98(4), anyAny difference between the Solvency Capital Requirement and the minimum capital requirement of the subsidiary shall be covered by a combination of own funds eligible under Article 98(4) and group support, where all the following conditions are satisfied: (a) the own funds of the subsidiary insurance or reinsurance undertaking eligible under Article 98(4) shall cover at least the sum of Minimum Capital Requirement and 75 % of the difference between the Solvency Capital Requirement and the mMinimum cCapital rRequirement of the subsidiary shall be covered by either own funds eligible under Article 98(4) or group support, or any combination thereof; (b) the total amounts of group support declared do not exceed the group diversification effects, which result from the difference between the notional aggregated group Solvency Capital Requirement and the consolidated group Solvency Capital Requirement calculated in accordance with Article 216; (c) the total amounts of group support declared do not exceed the amount of eligible own funds available at the level of the parent undertaking and transferable according to paragraph 3(b); (d) the group has sufficient eligible own funds to cover its consolidated group Solvency Capital Requirement and at least 75 % of the total amounts of group support declared.
Amendment 629 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 1 – subparagraph 2
Article 237 – paragraph 1 – subparagraph 2
The group support shall, for the purposes of the classification of own funds into tiers in accordance with Articles 93 to 96, be treated as ancillary own funds belonging to Tier 3 and shall respect the limits set out in Article 98.
Amendment 636 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 2
Article 237 – paragraph 2
2. The group support shall take the form of a joint declaration to the group supervisor and each supervisory authority concerned, expressed in a legally binding document and constituting a commitment to transfer own funds eligible under Article 98(5). in both the Member State of the group supervisor and that of the supervisory authority of the related insurance or reinsurance undertaking, and constituting a commitment to transfer own funds eligible under Article 98(5). The existence of group support shall not mean a reduction of the solo Solvency Capital Requirement of the subsidiary. The risks inherent in group support shall be considered in the calculation of the capital requirements of the subsidiary.
Amendment 646 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 3 – introductory part
Article 237 – paragraph 3 – introductory part
3. Before accepting the declaration referred to in paragraph 2, the group supervisor and the supervisory authority having authorised the subsidiary shall verify the following:
Amendment 651 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 3 – point b
Article 237 – paragraph 3 – point b
(b) that there is no current or foreseeable material practical or legal impediment to the prompt transfer of the eligible own funds referred to in paragraph 2 within one month after its requirement;
Amendment 655 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 3 – point c
Article 237 – paragraph 3 – point c
(c) that the document containing the declaration of group support meets all requirements existing under the law of the parentultimate participating undertaking at Community level and the law of the subsidiary insurance or reinsurance undertaking to be recognised as a legal commitment, and that any recourse before a legal or administrative body shall not have suspensive effect.
Amendment 660 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 3 – point c a (new)
Article 237 – paragraph 3 – point c a (new)
(ca) that the requirements stated in Article 234 are met by both the ultimate participating undertaking at Community level and the subsidiary insurance or reinsurance undertaking.
Amendment 664 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 3 – point c b (new)
Article 237 – paragraph 3 – point c b (new)
(cb) that Member States may allow their supervisory authorities to require that the group support declared by the ultimate participating undertaking at Community level in respect of a subsidiary which they have authorised must be covered by a guarantee provided by an undertaking which is not a related undertaking of the ultimate parent undertaking. Such undertaking shall be a credit institution or an insurance undertaking, and shall provide evidence that it meets its own regulatory capital requirements and has a top credit rating.
Amendment 689 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 1
Article 238 – paragraph 4 – subparagraph 1
4. Before accepting any new declaration referred to in paragraphs 2 or 3, the group supervisor shall verify that the conditionsThe group supervisor and the supervisory authority having authorised the subsidiary will accept or deny a new declaration within one month, in accordance with the procedure laid down in Article 237 are met. 5.
Amendment 695 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 2
Article 238 – paragraph 4 – subparagraph 2
Where the parent undertaking does not provide the new declaration requested, or where the new declaration provided is not accepted, the derogations provided for in Articles 236 and 237 and in paragraph 1 shall cease to applyultimate participating undertaking at Community level shall transfer within one month the own funds resulting from the most recent declaration accepted, in form of elements under Article 98(4).
Amendment 701 #
2007/0143(COD)
Proposal for a directive
Article 238 – paragraph 4 – subparagraph 3
Article 238 – paragraph 4 – subparagraph 3
The supervisory authority having authorised the subsidiary shall regain full responsibility for setting the Solvency Capital Requirement of the subsidiary and taking appropriate measures to ensure that it is adequately met by own funds eligible under Article 98(4). The parent undertakingultimate participating undertaking at Community level shall however not be released from the commitment resulting from the most recent declaration accepted.