1828 Amendments of Marlene MIZZI
Amendment 4 #
2018/2599(RSP)
Citation 3
Amendment 23 #
2018/2599(RSP)
Recital F
F. whereas illegally bred companion animals are very often not appropriately vaccinated; whereas there are various zoonotic risks associated with the illegal trafficking of companion animals, including the introduction of rabies from endemic parts of Europe into countries that are rabies- free, as well as the spreading of parasites such as Echinococcus multilocularis and others;4 _________________ 4 European Commission (2015). Study on the welfare of dogs and cats involved in commercial practices. Specific Contract SANCO 2013/12364, Final Report. https://ec.europa.eu/food/sites/food/files/an imals/docs/aw_eu-strategy_study_dogs- cats-commercial-practices_en.pdf , pp. 65- 66; also EU Dog & Cat Alliance (2016). Briefing on the review of pet movement legislation under the “Animal Health Law.” https://s3-eu-west- 1.amazonaws.com/assets.dogandcatwelfare .eu/live/media/publicationtemp/EU_Dog_C at_Alliance_briefing_AHL_pet_movement _review.pdf .
Amendment 56 #
2018/2599(RSP)
Paragraph 5
5. Recommends that the European Commission involve in the Action Plan its different Directorate-Generals working on animal welfare, public health, consumer protection, internal market, and trafficking issues and the EU Animal Welfare Platform members;
Amendment 59 #
2018/2599(RSP)
Paragraph 6
6. Considers that a uniform EU definition of large-scale commercial breeding facilities, known as puppy and kitten mills, is necessary in order to tackle illegal trade
Amendment 89 #
2018/2599(RSP)
Paragraph 18
18. Calls on the competent authorities of the Member States, in case of non- compliance with Regulation (EU) no 576/2013, to adhere strictly to the procedures laid down therein and to ensure the rehoming of any seized companion animals; calls, furthermore, on the Member States to adequately supportprovide animal rescue centres; with adequate financial and other material and non-material support;
Amendment 94 #
2018/2599(RSP)
Paragraph 20 a (new)
Amendment 9 #
2018/2111(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that EU institutions should enhance efforts to ensure greater effectiveness of the electoral rights of Union citizens with the view to effectively tackle the problem of decreasing levels of voter turnout; highlights the fact that electoral laws in many Member States remain complex and urges the Commission to call on the Member States to actively uphold best practices which help citizens to vote in and stand for EU elections pursuant to Article 22(2) TFEU, including the publication of electoral laws one year before EU elections, the combating of fake news and any populist rhetoric, and the promotion of media pluralism;
Amendment 48 #
2018/2111(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets the existing opt-outs from parts of the EU treaties by some Member States which undermine and generate de facto differences in citizens' rights that are intended to be equal under the EU Treaties
Amendment 57 #
2018/2111(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages Member States to give more space to political education on EU affairs, inter alia on EU citizens' rights, in their school curricula and to adapt teacher training accordingly
Amendment 61 #
2018/2111(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on Member States to better inform EU citizens as to their rights and duties, and to facilitate entitlement to these rights being respected equally both in their country of origin and in any other Member State
Amendment 63 #
2018/2111(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls Article 1 of the TEU which provides that decisions should be taken as openly and as closely as possible to the citizen; democratic and transparent decision-making at European level is indispensable to increase citizens' trust in the European project and the EU institutions; fully endorses the European Ombudsman's recommendations on the transparency of the Council legislative process
Amendment 5 #
2018/2110(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Condemns this situation and considers it unacceptable that, 13 years after the entry into force of the regulation, animals are still transported in violation of Regulation 1/2005 provisions in awful conditions in inadequate and overcrowded means of transport, which causes undue animal suffering and poses serious health risks to both animal and human health;
Amendment 7 #
2018/2110(INI)
Draft opinion
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(a) Highlights Council decision (2004/544/CE) to sign the European Convention on the Protection of Animals during International Transport, where transport can be any one of the following; between two Member States passing through the territory of a non-EU Member State, between Member State and a non Member State or, between two Member States directly
Amendment 9 #
2018/2110(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on all Member States to ensure that journeys are planned and executed, from departure to destination, in line with EU animal welfare requirements, particularly in the case of extreme weather conditions, taking into account the different means of transport and the range of geographical conditions across the EU and third countries; stresses that other aspects come into play in the welfare of animals aside from the duration of the journey, such as proper loading and unloading, proper nutrition, the design and equipment of the vehicles and the number of animals loaded in the container unit
Amendment 11 #
2018/2110(INI)
Draft opinion
Paragraph 3 – point a (new)
Paragraph 3 – point a (new)
(a) Expresses concern at the number of reports of inappropriate vehicles being used to transport live animals both on land and sea, and calls for the monitoring of such practices to be stepped up; calls on the Commission to undertake research into how new and existing technology can be applied in livestock vehicles to regulate, monitor and register temperature and humidity, which are essential elements for controlling and protecting the welfare of specific categories of animals during transport, in line with EFSA recommendations;
Amendment 20 #
2018/2110(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates its call for the transport time of animals destined for slaughter to be limited to eight hours, with due consideration for loading and unloading times, and waiting times at borders, irrespective of whether this takes place on land or at sea; takes the view that many of the severe problems related to the lengthy transport of live animals, in particular from the EU to third countries, would be solved by a shift to the transport of meat or carcasses instead of live animals;
Amendment 30 #
2018/2110(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to increase controls across the entire production chain in order to halt practices that infringe the Regulation 1/2005 and worsen the conditions for the transport of animals, such as allowing overstocked vehicles to continue their long journeys, or permitting control posts with inadequate facilities for resting, feeding and watering the transported animals to continue in use;
Amendment 33 #
2018/2110(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Deplores the fact that compliance with the regulation in the case of transport outside the EU is still poor, in the vast majority of the cases, completely absent, despite the Court of Justice’s rulings requiring transporters to abide by its provisions for the entire duration of journeys with destinations in third countries; urges the Commission and the Member States to set up coherent data collection systems on the number of animals loaded at origin, on the number of animals arriving alive, sick or injured at the point of destination in third countries, on the inspections actually carried out, the journey times and the rest periods and on the authorisations of transporters and means of transport;
Amendment 35 #
2018/2110(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that an EP Committee of Inquiry on live animal exports to third countries was not set-up despite the support of a large number of MEPs from different political groups; therefore calls on the European Parliament to establish the Inquiry Committee on Animal Transport on live animal exports to third countries as from the beginning of the upcoming parliamentary term in order to properly investigate and monitor the cruelty of animal transport;
Amendment 38 #
2018/2110(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urgently calls on the Commission, in the light of these systematic enforcement issues, to establish effective monitoring of the compliance with the regulation at all levels in all Member States, to immediately launch the necessary investigations into possible breaches of the regulation, and to open infringement procedures against the Member States responsible, where appropriate.
Amendment 41 #
2018/2110(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to take measures to increase cooperation and communication between the competent authorities in all Member States in order to raise better awareness and share the best practices with regard to animal welfare aspects by different stakeholders involved in transport of live animals.
Amendment 13 #
2018/2108(INI)
Draft opinion
Paragraph 1
Paragraph 1
1 Notes the benefits of Directive 2011/24/EU in clarifying the rules on cross-border healthcare and in ensuring access to safe and high-quality cross- border healthcare in the Union, as well as for achieving patient mobility in accordance with the case-law of the Court of Justice; urges Member States to ensure its proper implementation, guaranteeing a high level of public health protection that contributes to the improvement of citizens’ health, while respecting the principle of the free movement of persons within the internal market; stresses the focus of the Directive should be on addressing the imbalances between Member State healthcare and improving patients' rights rather than seeking to boost privatisation of the healthcare sector in different Member States in order to foster more market competition between healthcare providers within the single market.
Amendment 29 #
2018/2108(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the continued success of the European Health Insurance Card and the positive impact this has had on the lives of many who have made use of it throughout the EU and EEA.
Amendment 30 #
2018/2108(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that the Directive fundamentally is failing to address widening health inequalities across the EU and that those from poorer countries are still unable to access much-needed specialist treatment in other Member States.
Amendment 34 #
2018/2108(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of information to patients about their rights and the procedures, costs and reimbursement rates in cross-border healthcare within the framework of Directive 2011/24/EU; invites the Commission to take measures to increase patients’ awareness about their rights and about the National Contact Points. Member States should collaborate to promote national safety and quality standards.
Amendment 1 #
2018/2105(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to Articles 9 and 11 of the TFEU,
Amendment 4 #
2018/2105(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to Article 35 and 37 of the Charter of Fundamental Rights of the European Union,
Amendment 13 #
2018/2105(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU is still facing the worst economic, social and political crisis since its foundation; whereas the ineffectivit important to improve the approach adopted byof the EU Iinstitutions in tackling the lack of transparency in both the EU decision- making process and in lobbying activities, in addition to other significant ethical issues within the Institutions, are contributing to further undermining the image of the EU;
Amendment 15 #
2018/2105(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas given the often time- sensitive nature of requests for access to document the Ombudsman initiated a trial phase for a fast-track procedure;
Amendment 16 #
2018/2105(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Ombudsman has a crucial role to play in ensurmaking the full transparency and impartiality of both the EU’s decision-making processes and administration in order to successfully protect citizens’ rightsEU legislative process more accountable to citizens so they can exercise their right to participate in the democratic life of the Union thereby increasing their engagement and trust;
Amendment 19 #
2018/2105(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Court of Justice has stipulated that the principles of publicity and transparency are inherent to the EU legislative process, and that the effectiveness and integrity of the legislative process cannot undermine the principles of publicity and transparency which underlie that process; whereas the Court of Justice of the EU has given clear guidance on this matter such as in its ruling of22.03.2015 in the case T-540/15;
Amendment 24 #
2018/2105(INI)
Motion for a resolution
Recital L
Recital L
L. whereas on 25 October 2017 a meeting took place between former Commission President Barroso and a current Commission Vice-President, and was registered as an official meeting with Goldman Sachs; whereas the Ombudsman noted that the exact nature of this meeting was not clear; whereas the Ombudsman highlighted that there are understandable concerns that the former President is using his previous status and his contacts with former colleagues to influence and obtain information; whereas this case raises systematic issues as to the Commission’s overall approach to handling such cases and the degree of independence of the Ethics Committee and thus questions the need for stronger rules at EU level to prevent and sanction any conflict of interests within the Institutions and the agencies of the EU;
Amendment 27 #
2018/2105(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas more openness on positions taken by national governments may reduce the ‘blame Brussels’ phenomenon which misrepresents the reality of how EU legislation is agreed, promoting Euro- scepticism and anti-EU sentiment”
Amendment 30 #
2018/2105(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Ombudsman inquired into citizens’ complaints denouncing the Commission’s failure to reach a timely decision on infringement cases concerning the abuse of fixed-term work contracts; whereas several Member States have, over the years, experienced a significant increase in atypical and temporary employment contracts, which has undermiquestioned the integritymplementation of European employment law and the jurisprudence of the Court of Justice;
Amendment 32 #
2018/2105(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas for the purposes of decisions relating to the protection of human health orand the safety of humans, animals orand plants, the EU institutions, agencies and offices should be particularly citizen-friendlyfocused on citizens in their outlook and should properly address the public’s concerns regarding full transparency, independence and accuracy in the collection and evaluation of scientific evidence; whereas the scientific evidence and procedures used at EU level which led to the authorisations of, inter alia, genetically modified organisms, pesticides and glyphosate drew significant criticism and triggered a wide public debate;
Amendment 40 #
2018/2105(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Congratulates Emily O’Reilly for her excellent work and constructive efforts to improve the quality of the EU’s administration and the accessibility and quality of the services it offers to citizens; reaffirms its strong support for the actions carried out by the Ombudsman for citizens and European democracy;
Amendment 41 #
2018/2105(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the Ombudsman’s five- year strategy ‘Towards 2019’ which aims to increase the impact and visibility of her office and build strong relationships with the EU institutions, agencies and organisations, for the greater benefit of citizens
Amendment 44 #
2018/2105(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Ombudsman’s introduction of the fast-track complaint procedure to deal with inquiries on access to documents
Amendment 45 #
2018/2105(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of fullgreater transparency and fullgreater public access to the documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing suspecific secretive pted maladministracticeson to light by adopting a case-by- case approach and launching an increasing number of own-initiative enquiries;
Amendment 48 #
2018/2105(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of full transparency and full public access to the documents held by the EU institutions; highlights the Ombudsman’s structural work in bringing specific secretive practices to light by adopting a case-by- case approach and launching an increasing number of own-initiative enquiries;
Amendment 52 #
2018/2105(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the fact that EU legislation on access to documents is seriously outshould be updated; reiterates its call for a revision of Regulation (EC) No 1049/2001 in order to also facilitate the Ombudsman’s work in scrutinising the granting of access to documents by Parliament, the Council and the Commission; emphasises that Regulation 1049/2001 no longer reflects the current legal situation and institutional practices implemented by EU institutions, offices, bodies and agencies;
Amendment 58 #
2018/2105(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the lack of information and debate aboute role of the Ombudsman in working for greater transparency and accountability in the EU legislative process in order to increases citizens’ distrust, with regard not only to the lawfulness of an isolated act, but also to the legitimacy of the decision-making process as a whole;
Amendment 61 #
2018/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the need for fullgreater transparency in the EU decision-making process and commends the Ombudsman’s inquiry into informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of allkey trilogue documents;
Amendment 63 #
2018/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises the need for fullincreased transparency in the EU decision-making process and commends the Ombudsman’s inquiry into informal negotiations between the three main EU institutions (‘trilogues’); supports the publication of all trilogue documents in accordance with the rulings of the Court;
Amendment 67 #
2018/2105(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly believes that the Ombudsman’s recommendasuggestions on the EIB’s Transparency Policy must be implementedshould be acted on without further delay; calls on the EIB to immediately start to remove the presumption of non-disclosure relating to the information and documents collected during audits, inspections and investigations, including after thoese launched both during and after fraud and corruption cahave been closesd;
Amendment 70 #
2018/2105(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the positions of the Member States in the EU legislative process must be recorded and made a matter of public knowledge in a timely and accessible manner, as in any system rooted in the principle of democratic legitimacy, co-legislators must be held accountable to the public for their actions; strongly criticises the fact that the Council’s legislative documents are not, to any significant extent, directly and proactively accessible to the public while the legislative process is ongoingbelieves that increased accountability in the Council on positions taken by national governments on EU legislation could reduce the ‘blame Brussels’ culture for decisions ultimately taken by national governments themselves; calls on the Council to revise its confidentiality policy in order to ensure the highest level of transparency in its work;
Amendment 74 #
2018/2105(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure fullgreater transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and to the EU Pilot and infringement procedures that have already ended;
Amendment 75 #
2018/2105(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to ensure full transparency and access to documents and information with regard to the EU Pilot procedures in relation to petitions received, and full transparency and full access to the EU Pilot and infringement procedures that have already ended;
Amendment 77 #
2018/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Ombudsman to continue to monitor the implementation of the Commission’s reform of the expert groups’ system in order to ensure full compliance with legally binding rules and fullgreater transparency in the performance of all expert groups’ activities, and to investigate and report any possible conflict of interests; believes that a careful assessment of all expert groups is needed in order to arrive at an overall understanding of their independence and added value within EU policymakingll members of expert groups must be on the Transparency Register;
Amendment 80 #
2018/2105(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reiterates its call for a central transparency hub for all EU institutions and agencies.
Amendment 82 #
2018/2105(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports the Ombudsman’s commitment to improving the transparency of EU lobbying; stresses the importance of making the EU transparency register fully mandatory and legally-binding in order to ensure full transparency of lobbyfor interest representatives and third parties and legally-binding foron all EU institutions, and agencies and third parties, in order to ensure greater transparency;
Amendment 85 #
2018/2105(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of greatly improving the accuracy of data in the EU transparency register, including the obliginformation foron law firms that lobby to declare all their clients; underlines the need to make available all information on the influence of lobbyists free of charge, fully comprehensible and easily accessible to the public; believes that full transparency of the funding of all interest representatives must be ensured; calls for any organisation that breaks the revolving doors rules to be suspended from the Transparency register;
Amendment 88 #
2018/2105(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly regrets the decision of the ECB President not to suspend his membership of the G30 in spite of the Ombudsman’s recommendation to do so; stresses that the ECB President’s continued membership of the G30 increases citizens’ mistrust as to the integrity of the ECB and its independence from private financial interests; urges the ECB to amend the relevant rules in order to fully comply with the Ombudsman’s recommendations and to ensure that the highest ethical and accountability standards are concretely implementedStresses that the members of the Executive Board of the ECB should in principle abstain from being simultaneous members of forums or other organisations which include executives from banks supervised by the ECB, unless such membership is in line with established practice at global level and the ECB participates alongside other central banks such as the United States Federal Reserve or the Bank of Japan. Takes notes of the recommendations of the European ombudsman of 16January 2018, regarding the involvement of the President of the European Central Bank and the members of its decision-making bodies in the ‘Group of Thirty’;
Amendment 93 #
2018/2105(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the names of all those EU officials involvcases assessed , and to guarantee full transparency on all related informthe implementation of this obligation; looks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations;
Amendment 95 #
2018/2105(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Ombudsman to continue her work on strengthening ethics rules within the EU institutions in order to solve revolving door issues and to ensure the swift publication of the names of all those EU officials involved, and to guarantee full transparency on all related information; looks forward to the Ombudsman’s analysis into how the Commission is implementing her guidelines and suggestions on how to improve the handling of revolving doors situations including the possibility to adopt legislative rules for preventing and sanctioning such situations and possible abuses;
Amendment 101 #
2018/2105(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Strongly believes that stricter moral and ethical rules and standards need to be applied throughout the EU institutions with a view to securing respect for the duty of integrity and discretion, as well as full independence from the private sector; considers that these rules and standards could be based on a legislative act;
Amendment 107 #
2018/2105(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the need to adopt major improvements on conflict of interest rules for special advisers; calls on the Commission to fully implement the Ombudsman’s recommendations, by adopting fulla more transparencyt and a proactive approach to its assessment of any potential conflict of interests before and after their appointment, and ensuring that citizens have complete access to all the relevant information on special advisers;
Amendment 113 #
2018/2105(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Ombudsman to monitor the implementation of the recommendations for EU public officials on their interactions with interest representatives, and to continue to raise awareness of these recommendations among EU staff members throughout all the EU institutions, through educational training, seminars and related support measures;
Amendment 115 #
2018/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deeply regrets the delays accumulated by the Commission in connection with infringement procedures on the abuse of fixed-term contracts, which has served to perpetuateallowed for the abuse and violation of workers’ rights in the Member States; calls on the Ombudsman to step up her efforts onmonitor this issue in order to safeguard citizens’ rights effectively;
Amendment 118 #
2018/2105(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Supports the Ombudsman’s role in shaping a proactive and transparent policy in all EU agencies; urges the Ombudsman to continue monitoring all EU agencies in order to ensure that they meet the highest standards of transparency and provide full public access to documents and information, with a particular focus on procedures and activities relating to the protection of human health;
Amendment 127 #
2018/2105(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Welcomes the Ombudsman’s annual conference with the European Network of Ombudsmen which took place in June 2017 dedicated to the fallout for citizens’ rights from Brexit and from increased ‘populism’ in Europe.
Amendment 128 #
2018/2105(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Welcomes the Ombudsman’s Award for Good administration that recognises efforts among the EU civil service in finding innovative ways of implementing citizen-friendly policies.
Amendment 21 #
2018/2104(INI)
Motion for a resolution
Recital K
Recital K
K. whereas petitions are a useful source of information with regard totools for detecting breaches of EU law and enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residents;
Amendment 39 #
2018/2104(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the Committee on Petitions considers the European Citizens’ Initiative an important instrumentnstrument of utmost importance of direct and participatory democracy, enabling citizens to become actively involved in the framing of European policies and legislation;
Amendment 44 #
2018/2104(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the fundamental role of the Committee on Petitions as a bridge between EU citizens and the European institutions, through which EU citizens and residents can formally alert the European Parliament of cases of misapplication of EU law and bring their concerns and ideas to the attention of their elected representatives, thereby allowing for the timely examination and resolution of citizen requests wherever possible; Reminds the Commission that petitions offer a unique means to identify situations in which EU law is not upheld and to investigate such situations by means of the political scrutiny of the European Parliament;
Amendment 48 #
2018/2104(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that petitions constitute both an opportunity and a challenge for Parliament and other EU institutions to reconnect with EU citizens and to maintain dialogue with them, particularly if they are affected by the application of EU law and seek an effective and efficient redress mechanism;
Amendment 55 #
2018/2104(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of a continuous public debate about the competences of the EU, its limits and its future in order to ensure that citizens are well informed about the levels at which decisions are taken and to prevent the "blame Brussels" phenomenon used by some irresponsible Member States; considers that a broader public debate about the EU and everyday media reporting would reduce the number of inadmissible petitions, as citizens would be better aware of the competences of the EU; emphasises that the subject matter of an inadmissible petition can play an important role for policymaking even though it falls outside the scope of the Committee;
Amendment 60 #
2018/2104(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need for enhanced cooperation between the Commission and other EU institutions with Member States’ national, regional and local authorities on inquiries regarding the implementation of and compliance with EU law; underlines the need for more active cooperation with Member States’ representatives at committee meetings and for swifter follow- up on requests sent from the Committee; calls therefore for a strong commitment from all the authorities involved at national and European levels in handling and resolving petitions as a matter of priority;
Amendment 63 #
2018/2104(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to use properly its powers stemming from its role as Guardian of the Treaties as such a role is of utmost importance in the functioning of the EU with regard to citizens and to European legislators; calls for a timely handling of infringement procedures in order to put an end, without delay, to situations where EU law is not respected;
Amendment 77 #
2018/2104(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Repeats its call on the Commission for regular information on developments with regard to ongoing infringement procedures; welcomes the centralised platform created by the Commission in 2014 on which infringement decisions are published1 ; demands access to the relevant Commission documents on infringements, and to EU pilot procedures pertaining to petitions, especially when they were fully or partly opened on the basis of petitions; asks the Commission to receive, on a systematic basis, the documents exchanged in the course of EU pilot and infringement procedures once these are closed in application of the jurisprudence of the European Court of justice; _________________ 1 http://ec.europa.eu/atwork/applying-eu- law/infringements- proceedings/infringement_decisions/?lang_ code=en
Amendment 88 #
2018/2104(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises the role of protection of the Committee on Petitions within the EU framework of the UN Convention on the Rights of Persons with Disabilities; points to a workshop on the Protection of the Rights of Persons with Disabilities that took place at the committee meeting on 12 October 2017, which included the presentation of a study on inclusive education; calls on the European institutions to lead by example on this subject and to ensure that national authorities are correctly implementing, without delay, the legislation adopted in this field;
Amendment 105 #
2018/2104(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses the important role of the SOLVIT network, which provides a means for citizens and enterprises to address concerns about possible breaches of EU law by public authorities in other Member States; calls on the Commission, and on the Member States, to promote SOLVIT in order to make it more helpful and visible to citizens; welcomes, in this regard, the Action Plan to reinforce the SOLVIT network published by the Commission in May 2017; calls on the Commission to report back to the European Parliament on the results of the Action plan to reinforce the SOLVIT network published by the Commission in May 2017;
Amendment 7 #
2018/2103(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the United Nations Convention on the Rights of the Child;
Amendment 73 #
2018/2103(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the arrival in Europe of migrants and asylum seekers continued in 2017; whereas this reality requires real EU solidarity to put in place adequate reception structures for those most in need and most vulnerable; whereas many migrants place their lives in the hands of smugglers and criminals and are vulnerable to violations of their rights, including violence, abuse and exploitation; whereas women and children are at higher risk of being trafficked and sexually abused at the hands of traffickers and there is therefore a need to build and strengthen child protection systems to prevent and respond to violence, abuse, neglect and the exploitation of children, in line with the commitments set out in the Valletta Action Plan, as well as the European Parliament Resolution on the protection of children in migration of 3 May 2018;
Amendment 76 #
2018/2103(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas grooming, cyberbullying or revenge pornography represent growing concerns for our societies especially among young people;
Amendment 139 #
Amendment 140 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Calls on the Member States to work out a national plan to combat any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, honour killing, FGM and child soldiers; stresses on the importance of including formal provisions to prohibit and sanction corporal punishment against children;
Amendment 141 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 a (new)
Subheading 1 b (new)–Paragraph 5 a (new)
5a. Reiterates its call on the Commission to renew its commitment to set out a new EU Agenda for the Rights of the Child, as well a new strategy for the Rights of the Child;
Amendment 142 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 b (new)
Subheading 1 b (new)–Paragraph 5 b (new)
5b. Calls on the EU Member States and the Commission to explicitly consider children’s rights as a priority when programming and implementing regional and cohesion policies;
Amendment 143 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 c (new)
Subheading 1 b (new)–Paragraph 5 c (new)
5c. Calls on the Commission to ensure coordination within its different services with the aim of effectively mainstreaming children’s rights in all EU legislative proposals, policies and financial decisions;
Amendment 144 #
2018/2103(INI)
Motion for a resolution
Subheading 1 b (new)–Paragraph 5 d (new)
Subheading 1 b (new)–Paragraph 5 d (new)
5d. Reiterates that cyberbullying and revenge pornography are new forms of crime online and can have extremely serious impact especially among young people and children. Encourages all Member States to set up future-proofed legislation to address this alarming phenomenon including provisions for removal from social media of harmful content for human dignity within well- defined deadlines in line with the European Parliament resolution of 14 December 2017 on the implementation of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 165 #
2018/2103(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to invest adequate financial resources to integrate media and information literacy into national education systems and more generally in order to empower children and young people with the tools to use the internet responsibly and avoid possible risks;
Amendment 205 #
2018/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that EU Member States should address adequately discriminatory or violent reactions against the schooling of migrant and refugee children, both through law enforcement and by promoting mutual understanding and social cohesion; calls on Member States to structurally address respect for diversity, intercultural understanding and human rights, including children’s rights, in regular school curricula; to that end, calls on EU Member States to promote inclusive education from an early age in schools;
Amendment 362 #
2018/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the EU and the Member States should develop credible and effective systems that would make it unnecessary to detain children for asylum or return purpoCalls on the Member States to accommodate all children and families with children in non-custodial, community-based placements while their immigration status is processesd; stresses the importance of taking the principle of the best interests of the child into consideration in all aspects concerning children as well as of the practical implementation of the right to be heard as called for in the European Parliament Resolution on the protection of migrant children of 3 May 2018; recalls that Article 14 of the EU Charter of Fundamental Rights and Article 28 of the United Nations Conventions on the Rights of the Child guarantee the right to education to every child, including migrant and refugee children, both unaccompanied and accompanied and avoiding separated schooling and segregation, and calls therefore on the Member States to ensure migrant and refugee children are granted access to formal and informal education swiftly after their arrival; stresses that Member States should ensure that migrant and refugee children are effectively supported through linguistic, social and psychological support based on individual assessment of their needs;
Amendment 1 #
2018/2054(INI)
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. Recognises the challenges faced by border regions and stresses that socioeconomic disparities, including cultural and language differences, between different border regions can hinder integration, restrict interaction and scale down opportunities for people and businesses on both sides of the border;
Amendment 2 #
2018/2054(INI)
Draft opinion
Paragraph –1 a (new)
Paragraph –1 a (new)
-1a. Emphasises that the EU has contributed positively to the development of border regions and that future funding programmes should continue in the most effective and efficient manner, focusing on areas of particular high European added value ensuring that solving border difficulties is at the heart of cross-border cooperation programmes;
Amendment 3 #
2018/2054(INI)
Draft opinion
Paragraph –1 b (new)
Paragraph –1 b (new)
-1b. Stipulates that cohesion policy should continue to support vulnerable and marginalised people, addressing growing inequalities and building solidarity through investments in education, training and culture, by paying particular attention to cross-border cooperation programmes focused on the existing cultural, territorial and administrative obstacles and future challenges in those regions;
Amendment 4 #
2018/2054(INI)
Draft opinion
Paragraph –1 c (new)
Paragraph –1 c (new)
-1c. Emphasises that EU borders comprise both land and maritime borders to be taken into account; Hence encourages the Commission to look at the challenges faced by maritime border regions in order to allow for a holistic analysis of the obstacles faced by all border regions, as well as the potential cooperation and growth of all borders regions;
Amendment 7 #
2018/2054(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the importance of cross- border cooperation programmes in funding educational, cultural, sporting and other activities whose European added value brings citizens closer and, fosters mutual trust in border regions; stresses, in this regard,and understanding and helps to address different prejudice and stereotypes in border regions; stresses, in this regard, that measures at EU level in cooperation with Member States, regions and other stakeholders are required to better use the potential of border regions and that the large number of INTERREG projects devoted to culture, which proves that there is a strong desire among border regions to invest in joint cultural projects; reiterates, therefore, its view that EU financial support is crucial for these initiatives and should therefore be further strengthened in the next MFF;
Amendment 12 #
2018/2054(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for a new information strategy on cross-border and regional cooperation in order to get closer to inhabitants of these regions, to increase their awareness of the opportunities that the EU cross-border programmes bring, and thus to contribute to change attitudes towards more open regional and cross- border mindedness;
Amendment 14 #
2018/2054(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Encourages young people to act, participate and be involved in all aspects of regional and cross-border society development; Supports youth cross-border ideas and activities such as creating platforms for exchange of ideas and good practice, raising awareness and exchanging information on cross-border cooperation and spreading information through social and other media to improve youth participation and possibilities in cross-border project;
Amendment 18 #
2018/2054(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Strongly supports cross-border projects and programmes in improving youth education, employability, inclusion and participation of young people in society by tackling social problems that young people face in border regions, such as unemployment and radicalisation; Requires more systematic cooperation across border regions to improve employment, education, training, culture, sport and other social policies for young people;
Amendment 24 #
2018/2054(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that cross-border cooperation between education and training institutions should be reinforced by facilitating cross-border school visits and extracurricular activities for children from a very young age in order to provide children with a unique opportunity, that goes beyond the class room, to have a direct contact and a first-hand experience with the diversity of cultures, languages and history of their neighbours;
Amendment 30 #
2018/2054(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates that bringing together key players from the research community, business, higher education, public authorities and civil society is essential; Calls on the Member States to facilitate cross-border partnerships between education and training institutions in border regions in order to promote the mobility of students, teachers, trainers and administrative staff, as well as doctoral candidates and researchers; underlines that the use of multilingualism within such cross-border partnerships can prepare graduates to enter the employment market on both sides of the border; urges the Member States to facilitate and encourage the mutual recognition and better understanding of diplomas and professional qualifications between neighbouring regions including validation and recognition of skills;
Amendment 38 #
2018/2054(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages pooling of joint public services and efforts in neighbouring border regions to develop a series of targeted interventions to support low skilled or low-qualified adults in border regions and to help them improve their literacy, numeracy and digital skills by acquiring a broader set of competences and higher qualifications;
Amendment 40 #
2018/2054(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Encourages cross-border cooperation and programmes for dual vocational training among different border regions; Is of the opinion that better cross-border cooperation and investment in skills in border regions will help improve the existing skills gap, reduce poverty, unemployment and social exclusion and will help tackle skill shortages and the brain drain in those peripheral areas;
Amendment 41 #
2018/2054(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Believes that multiculturalism is particularly relevant for border regions; Strongly encourages cross-border cultural cooperation within and between border regions by enhancing the collaboration between creative people and the cultural actors, such as artists and representatives of cultural organizations, administrations and networks in specific cross-border and trans-European projects;
Amendment 43 #
2018/2054(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that mobility of artists and culture professionals has become invaluable in the promotion of Europe’s cultural and social progress and development of regional, national and European cultural heritage; Is of the opinion that a strong cross- border cooperation in the area of cultural and creative industries (CCIs) can help to create socio-economic value, growth and jobs (also via clustering of enterprises), while also building bridges, increasing mutual understanding and forging a European consciousness through joint initiatives on cultural heritage-related projects;
Amendment 54 #
2018/2054(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that cohesion policy can contribute positively to the creation of new ideas and possibilities of cooperation between museums, orchestras, cross- border radio and TV projects in border regions by addressing the legal and financial difficulties which artists have with their common cross-border projects;
Amendment 55 #
2018/2054(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Strongly supports cross-border cultural projects and cooperation between European Capitals of Culture and border regions throughout Europe in order to establish a chain of cultural ‘welding points’ and to generate a new dimension of European cultural networks where new practices of cultural diversity are being developed and integrated in the realization of concrete European projects;
Amendment 56 #
2018/2054(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Regrets that cultural and leisure activities often fail to attract people from different border regions in neighbouring countries, despite the fact that people living in those areas share similar interests and are in close proximity to one another; supports the EU regional portals created in several border regions to provide people with access to information about cultural and leisure activities and encourages the promotion of similar portals across all border regions;
Amendment 59 #
2018/2054(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Strongly believes that border regions, thanks to the existence of long- established contacts between cultural institutions across borders, can create favourable conditions for artistic and cultural mobility and can therefore be vital for thematic tourism and, help promote Europe as a destination., and to actively revitalise the process of European integration by promoting contacts between Europe’s citizens and stimulating a common sense of belonging;
Amendment 63 #
2018/2054(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages various measures aimed at combating all forms of discrimination in border regions and at breaking down barriers for vulnerable people in finding employment and becoming integrated into society; Supports in this regard promotion and development of social enterprises in border regions as a source of job creation, in particular for vulnerable groups of people, such as young unemployed and disabled people;
Amendment 69 #
2018/2054(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports apprenticeships measures and multi-stakeholder platforms in border regions aimed at improving the quality, supply and image of apprenticeships and promoting border mobility among young apprentices; Is of the opinion that bringing together relevant stakeholders to create cross- border opportunities for apprenticeships, traineeships, internships will improve competition, education, skills and the labour markets in those regions and in particular, encourages creating internships opportunities in regional and local institutions involved in cross-border and international cooperation;
Amendment 3 #
2018/2008(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
– having regard to the Commission communication of 11 April 2018 on A New Deal for Consumers (COM(2018) 183),
Amendment 4 #
2018/2008(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
– having regard to the proposal for Directive of the European Parliament and of the Council on better enforcement and modernization of EU consumer protection rules (COM(2018) 185/3),
Amendment 11 #
2018/2008(INI)
Ca. whereas President Juncker stressed in his 2017 State of the Union Address that it is not acceptable that in some parts of Europe, people are sold food of lower quality than in other countries, despite the packaging and branding being identical;
Amendment 14 #
2018/2008(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the brand often plays the most important role in deciding on the value of the product;
Amendment 15 #
2018/2008(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas a strengthened and more efficient enforcement cooperation framework would also boost consumer trust and reduce consumer harm;
Amendment 16 #
2018/2008(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in its 2018 Work Programme, the Commission announced plans to propose ‘A New Deal for Consumers’, a targeted revision of the EU consumer directives following on from the Fitness Check of EU consumer and marketing laws, the Commission suggested to update the Unfair Commercial Practices Directive in order to make explicit that national authorities can assess and address misleading commercial practices involving the marketing of products as being identical in several EU countries, if their composition or characteristics are significantly different;
Amendment 19 #
2018/2008(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas products differentiation and innovation should not be restricted as such but consumers should not be misled;
Amendment 23 #
2018/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that results of various tests conducted in several Member States have proven that there are differences between products which are advertised and distributed in the single market under the same brand and with the same packaging; Notes that according to a survey10a conducted for a national competent authority, a vast majority of consumers are bothered about such differences; _________________ 10a Survey of the Czech Agriculture and Food Inspection Authority conducted in 2016. http://www.szpi.gov.cz/clanek/tz- 2016-vyzkum-cesky-spotrebitel-zada- stejne-kvalitni-potraviny-jako- evropsky.aspx
Amendment 43 #
2018/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes, therefore, the recent initiatives announced by the Commission to address this issue, in particular its commitment to delivering a common testing methodology and, allocating a budget for its preparation and enforcement and for collection of further evidence and updating the Unfair Commercial Practices Directive;
Amendment 69 #
2018/2008(INI)
Motion for a resolution
Subheading 1
Subheading 1
Commission Notice and application of EU consumer protection law to issues of dual quality of products
Amendment 70 #
2018/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note of the Commission Notice on the application of EU food and consumer laws to dual quality products; points out that this notice is intended to help national authorities to determine whether a company is breaking EU food and consumer laws when selling products of dual quality in different countries; points out that the Notice’s step-by-step approach for the identification by national authorities of whether producers are in breach of EU law currently seems inapplicable, in particular when national enforcers have to apply a case-by-case assessment of the likely impact of the practice on the average consumer's economic behaviour;
Amendment 85 #
2018/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. EDraws attention to the fact that according to Guidance on the application of UCPD from 2016: “goods of the same brand and having the same or similar packaging may differ as to their composition depending on the place of manufacture and the destination market, i.e. they may vary from one Member State to another. Under the UCPD, commercial practices marketing products with a different composition are not unfair per se”; emphasises the importance of the guidance documents issued by the Commission in facilitating proper and coherent application of the UCPD; calls, therefore, on the Commission to clarify the relationship between the Notice and, the guidance; and the paper drafted by the HLF Internal Market Subgroup;
Amendment 92 #
2018/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes that the Commission invites competent authorities to perform market tests that involve product comparisons across different regions and countries; highlights, however, that according to the Commission, such tests should be carried out with a common testing approach which has not been adopted yet; Stresses the need to stick to the timetable so that the results of the testing carried out under a common testing approach are made available and analysed by end of this year;
Amendment 101 #
2018/2008(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the European Parliament has repeatedly called on the Commission to determine whether a dual quality has negative repercussions for local and regional production, in particular SMEs; regrets that no data have been presented by the Commission so far;
Amendment 102 #
2018/2008(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Underlines that counterfeiting of branded products exposes consumers to health and safety risks, undermines consumer confidence in the brands and leads to loss of revenue for producers; Notes that range of counterfeit products recovered in the EU remains broad and includes nearly all types of goods;
Amendment 123 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency with regard to product composition and quality and its changes;
Amendment 126 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes; highlights the role of industry in improving transparency and clarity with regard to product composition;.
Amendment 142 #
2018/2008(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for the increased support of national consumer organizations, so they can build capacity, develop their testing activities and contribute, alongside with competent authorities, to tracking and exposing situations of unfair product differentiation;
Amendment 150 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level, also due to absence of an explicit legal provision on EU level;
Amendment 182 #
2018/2008(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises that the outcome of the legislative process should be a clear definition of what can be considered as dual quality and how each case should be assessed and addressed by competent authorities;
Amendment 1 #
2018/0332(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In its resolution of 8 February 2018, building on the numerous petitions and demands received from the citizens, by the Committee of Petitions, the European Parliament called on the Commission to conduct an assessment of the summer-time arrangements provided by Directive 2000/84/EC and, if necessary, to come up with a proposal for its revision. That resolution also confirmed that it is essential to maintain a harmonised and co-ordinated approach to time arrangements throughout the Union.
Amendment 2 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniences linked to a biannual change of time.
Amendment 4 #
2018/0332(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Several studies have shown, that negative consequences exist related to the bi-annual change of time in various areas, such as health issues with effects on the circadian rhythm ; road safety whereas an increase in the accident rate in the days following the change in time has been observed ; and, administrative burdens and additional costs for many sectors within the economy.
Amendment 6 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements, and somes seen by the citizens' response through the petitions lodged calling for an end to the bi-annual change in time, and in the online public consultation regarding the EU summertime arrangements organised by the European Commission from 4 July 2018 to 16 August 2018: Member States have already expressed their preference to discontinue the application of such arrangements. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropri which could impact both the economic and political integration of the Union. Therefore, it is crucial to have a harmonized approach that is coordinated to put an end in a coordinated way to summer-time arrangementsto bi-annual changes is crucial to the proposed change.
Amendment 9 #
2018/0332(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) It is crucial to take into consideration the large north-south extension of the European Union meaning that daylight effects of time vary across the European Union. As such we must consider the geographical aspects of time, while retaining the existing time zones.
Amendment 11 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 13 #
2018/0332(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) With reference to the online public consultation regarding the EU summertime arrangements organised by the European Commission from 4 July 2018 to 16 August 2018, and the vast amounts of petitions received by the Commission on Petitions in the European Parliament referred to in the previous recital, there is a clear preference for a permanent summertime arrangement. In addition, responses from the business sector and stakeholder groups also reflect this willingness and preference for a permanent summertime arrangement.
Amendment 15 #
2018/0332(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Therefore, it is necessary to put an end to the harmonisation of the period covered by summer-time arrangements as laid down in Directive 2000/84/EC and to introduce common rules preventing Member States from applying different seasonal time arrangements by changing their standard time more than once during the year and establishing the obligation to notify envisaged changes of the standard time. . For the smooth functioning of the internal market, it is essential that while the existing time zones are retained, all Member States should apply the same time arrangement, which should be the permanent summer-time, in order to avoid a patchwork of time arrangements within the internal market. This Directive aims at contributing in a determined manner to the smooth functioning of the internal market and should, consequently, be based on Article 114 of the Treaty on the Functioning of the European Union, as interpreted in accordance with the consistent case-law of the Court of Justice of the European Union.
Amendment 16 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply from 1 April30 March 201920, so that the last summer- time period subject to the rules of Directive 2000/84/EC should start, in every Member State, at 1.00 a.m., Coordinated Universal Time, on 31 March 2019. Member States that, after that summer-time period, intend to adopt a standard time corresponding to the time applied during the winter season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on 27 October 2019, so that similar and lasting changes occurring in different Member States take place simultaneously. It is desirable that Member States take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner29 March 2020, should be the new standard time in all Member States.
Amendment 21 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 24 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. For the purpose of this Directive 'summer-time period' shall mean, the period of the year during which clocks are put forward by sixty minutes compared with the rest of the year. This shall be the new standard time in all Member States.
Amendment 25 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 28 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. As defined in Article 1, the new standard time period shall apply, in every Member State, at 1:00 a.m, Co-ordinated Universal Time, as of the 30 March 2020.
Amendment 29 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 33 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 1 April30 March 201920 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 36 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 April30 March 201920.
Amendment 39 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April30 March 201920.
Amendment 55 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to the freedom of expression and information, and rights to privacy and protection of personal data, as well as freedom of the press and pluralsim of the media.
Amendment 78 #
2018/0331(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the courtright for the hosting service providers and content providers to be informed about all available means of redress and the possibility for hosting service providers and content providers to effectively contest any decision, including the removal orders or measures to impose penalties before the court or a competent judicial authority of the Member State, whose authorities issued the removal orderere they are established or have legal representative.
Amendment 86 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing onin line with the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 99 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users' trust in the online environment, and by strengthening safeguards to the freedom of expression and information, and rights to privacy and protection of personal data, as well as freedom of the press and pluralsim of the media.
Amendment 104 #
2018/0331(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities of the Member State where the services are established or have legal representative, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Member States, where the services are established or have legal representative, should guarantee legal certainty and predictability to users and service providers, when seeking to secure measures for the removal of terrorist content from hosting service providers. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hourpromptly and without undue delay from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 111 #
2018/0331(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) TheMember States should take the necessary measures to ensure the prompt removal of terrorist content on their territory and to endeavour to obtain the removal of such content outside of their territory. These measures must be set by transparent procedures with adequate safeguards that hosting service providers and content providers are informed of the reason and justification, as to why the content is considered terrorist content. When seeking to remove terrorist content online outside of their territory the competent authority should send a request for removal order for assessment to the competent authority of the Member State, where the services are established or have legal representative. After assessing the request for removal order the relevant competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . Together with the transmission of the removal order, the competent authority should inform the hosting service provider or content service provider of their rights to a judicial redress that can be exercised effectively in front of the relevant judicial authority of the Member State, where they are established or have legal representative. _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 122 #
2018/0331(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the right for the hosting service providers and content providers to be informed about all available means of redress and the possibility for hosting service providers and content providers to effectively contest any proactive measures, including the removal orders before the court or a competent judicial authority of the Member State, whose authorities issued the removal orderere they are established or have legal representative.
Amendment 125 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this Regulation should establish a definition of terrorist content for preventative purposes drawing onin line with the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propaganda online, the definition should capture material and information that incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this Regulation, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 137 #
2018/0331(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities where the services are established, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task, whilst at the same time guaranteeing legal certainty and predictability to users and service providers. Member States should coordinate and cooperate with the host Member State, where the service providers are established, when seeking to secure proactive measures for the removal of terrorist content from hosting service providers. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hourpromptly from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 145 #
2018/0331(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The competent authorityMember States should take the necessary measures to ensure the prompt removal of terrorist content on their territory and to endeavour to obtain the removal of such content outside of their territory. These measures must be set by transparent procedures and provide adequate safeguards and the hosting service providers and content providers should be informed of the reason and justification, as to why the content is considered terrorist content. When seeking to remove terrorist content outside of their territory the competent authority should send a request for removal order to the competent authority of the host Member State, which after proper assessment and approval of the request, should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity, including the accuracy of the date and the time of sending and receipt of the order, such as by secured email and platforms or other secured channels, including those made available by the service provider, in line with the rules protecting personal data. This requirement may notably be met by the use of qualified electronic registered delivery services as provided for by Regulation (EU) 910/2014 of the European Parliament and of the Council12 . The host Member State should, together with the transmition of the removal order, inform the hosting service provider or content service provider of their right to a judicial redress that can be exercised effectively in front of the relevant judicial authority of that Member State. _________________ 12 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 156 #
2018/0331(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hourpromptly and without undue delay from the receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.
Amendment 173 #
2018/0331(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Both hosting service providers and Member States should establish points of contact to facilitate the swift handling of removal orders and referrals. In contrast to the legal representative, the point of contact serves operational purposes. The hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof. The point of contact for the hosting service provider does not have to be located in the Union and the hosting service provider is free to nominate an existing point of contact, provided that this point of contact is able to fulfil the functions provided for in this Regulation. With a view to ensure that terrorist content is removed or access to it is disabled within one hourpromptly from the receipt of a removal order, hosting service providers should ensure that the point of contact is reachable 24/7. The information on the point of contact should include information about the language in which the point of contact can be addressed. In order to facilitate the communication between the hosting service providers and the competent authorities, hosting service providers are encouraged to allow for communication in one of the official languages of the Union in which their terms and conditions are available.
Amendment 201 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following information:any material, which contributes to the offences committed intentionally and unlawfully as defined in Article 3(1) (a) to (i) of the Directive 2017/541, by: (a) inciting, advocating or threatening to commit any terrorist offences as defined in Directive 2017/541; (b) soliciting persons or a group of persons to commit or contribute to any terrorist offences as defined in Directive 2017/541; (c) promoting the activities of a terrorist group, in particular by soliciting persons or a group of persons to support or participate in a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 207 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Amendment 212 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 215 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) ' terrorist content' means one or more of the following informationrefers to material which:
Amendment 218 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Amendment 219 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying, the commission of terrorist offences, thereby causing a danger that such acts be committedcontributes to the offences committed intentionally and unlawfully as defined in Title III "Offences related to terrorist activities" of the Directive 2017/541 on combating terrorism;
Amendment 225 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 225 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
Amendment 230 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) promotinges the activities of a terrorist group, in particular by encouraging thesoliciting persons or a group of persons to participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541;
Amendment 248 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a request to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located for a decision requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 251 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a request for removal order to the competent authority referred to in Article 17(1)(a) of the Member State in which the main establishment of the hosting service provider is located for a decision requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 254 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider or content provider is located has reasonable grounds to believe that the removal order may affect fundamental rights of the individual it shall inform the requesting competent authority. The requesting competent authority shall take those circumstances into account and shall, where necessary, withdraw or adapt the removal request.
Amendment 254 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. In cases where the competent authority of the Member State in which the main establishment of the hosting service provider or content provider is located has reasonable grounds to believe that the removal order may affect fundamental rights of the individual it shall inform the requesting competent authority. The requesting competent authority shall take those circumstances into account and shall, where necessary, withdraw or adapt the removal request.
Amendment 257 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour frompromptly upon receipt of the removal order taking into account the hosting service provider's size and available resources.
Amendment 257 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal orderpromptly and without undue delay upon receipt of the removal order taking into account the hosting service provider's size and available resources.
Amendment 266 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) information and any applicable deadlines about redress available to the hosting service provider and to the content provider;
Amendment 270 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) information and any applicable deadlines about redress available to the hosting service provider and to the content provider;
Amendment 273 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The host service provider or content provider shall have the right to appeal the removal order by seeking redress in front of the relevant judicial authority in the member state in which the main establishment of the hosting service provider or content provider is located.
Amendment 274 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The competent authorities of the Member State in which the main establishment of the hosting service provider is located shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to Article 16 and transmit it to the point of contact referred to in Article 14(1). Such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order.
Amendment 277 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The hosting service provider or content provider shall have the right to appeal the removal order by seeking redress in front of the relevant judicial authority in the member state in which the main establishment of the hosting service provider or content provider is located.
Amendment 278 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The competent authority which issued the removal order shall inform the competent authorityand which oversees the implementation of proactive measures, referred to in Article 17(1)(c) shall inform the competent authority requesting the removal order when the removal order becomes final. A removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal.
Amendment 280 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The competent authorities of the Member State in which the main establishment of the hosting service provider is located shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to Article 16 and transmit it to the point of contact referred to in Article 14(1). Such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order.
Amendment 293 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The competent authority which issued the removal order shall inform the competent authorityand which oversees the implementation of proactive measures, referred to in Article 17(1)(c) shall inform the competent authority requesting the removal order when the removal order becomes final. A removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal.
Amendment 476 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 13 a (new)
Annex II – paragraph 1 – point 13 a (new)
13a. Seas and Oceans, through the development of a sustainable blue economy in line with the objectives of the Integrated Maritime Policy in particular through (a) maritime entrepreneurship (b) an innovative and competitive maritime industry (c) ocean literacy and blue careers (d) the International Ocean Governance agenda (e) maritime surveillance and security (f) cross-border cooperation (g) the implementation of the Sustainable Development Goals, in particular SDG 14 (Life Below Water)
Amendment 60 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote quality employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and the inactive, as well as through promoting self– employment, with the accompanying adaptation of social protection systems, and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted and personalised counselling and guidance during the job search and the transition from education to employment and to enhance workers’ mobility. The ESF+ should promote women's participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 69 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards cultural awareness and expression and digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications. The ESF+ should encourage and promote access to the teaching profession by minorities, aiming at a better integration of marginalised communities such as the Roma, minorities and migrants.
Amendment 72 #
2018/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In light of the digitisation of all parts of society, e.g. banking, welfare services and education, the acquisition of new key competences, notably digital skills, becomes the precondition of effective civic participation. Local actors, community and cultural spaces including museums, libraries, theatres and other cultural heritage institutions, play a key role in providing access to digital devices and the Internet as well as in fostering digital skills among EU citizens at basic and more advanced levels. The ESF+ should therefore support these actors in the training of their staff members so that they can keep pace with the changing demands upon their services as well as in providing training and education of digital skills, such as media literacy, to the people.
Amendment 77 #
2018/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Support through the ESF+ should be used to promote equal access for all, in particular for disadvantaged groups, to quality, non-segregated and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level, as well as adult education and learning, and to cultural activities, thereby fostering permeability between education and training sectors, preventing early school leaving, improving health literacy, reinforcing links with non-formal and informal learning, namely in the field of arts, and facilitating learning mobility for all. Special attention should be given to early childhood education as the early years are the most formative in human life and they greatly influence people's education, employment and integration prospects. Synergies with the Erasmus programme, notably to facilitate the participation of disadvantaged learners in learning mobility, with special attention to learners with disabilities, should be supported within this context.
Amendment 88 #
2018/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The ESF+ should promote flexible upskilling and reskilling opportunities for all, notably digital skills and key enabling technologies, with a view to providing people of all ages across formal, non- formal and informal settings with skills adjusted to digitalisation, technological change, innovation and social and economic change, facilitating transitions from education to employment for young people, career transitions, mobility and supporting in particular low-skilled and/or poorly qualified adults, in line with the Skills Agenda for Europe. In this context, special attention should be paid to local actors, community and cultural spaces including museums, libraries, theatres and other cultural heritage institutions, that play an important role in supporting individuals to acquire skills, especially digital skills and media literacy.
Amendment 90 #
2018/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Synergies with the Horizon Europe programme should ensure that the ESF+ can mainstream and scale up innovative curricula supported by Horizon Europe in order to equip people with the skills and competences needed for the jobs of the future as well as for the active participation in a digitised society.
Amendment 92 #
2018/0206(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) Synergies with the Creative Europe programme should ensure that the ESF+ can mainstream and scale up innovative projects that aim at equipping people with the skills and competences needed for the jobs of the future as well as for the active participation in society, at connecting all layers of society and at fostering social inclusion.
Amendment 100 #
2018/0206(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) With a view to fully tapping into the potential of cross-sectoral cooperation, to improving synergies and coherence with other policy fields and to achieving the general objectives of the ESF+, sport and physical activity as well as culture should be used as tools in ESF+ actions aimed, in particular, at improving social inclusion and active citizenship.
Amendment 134 #
2018/0206(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Lack of access to finance for microenterprises, notably in the cultural and creative sectors, social economy and social enterprises is one of the main obstacles to business creation, especially among people furthest from the labour market. The ESF+ Regulation lays down provisions in order to create a market eco- system to increase the supply of and access to finance for social enterprises as well as to meet demand from those who need it most, and in particular the unemployed, women and vulnerable people who wish to start up or develop a microenterprise. This objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the InvestEU Fund.
Amendment 167 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness, inclusiveness, and labour market relevance of education and training systems, to support acquisition of key competences including digital skills and cultural awareness and expression, while recognising the relevance of non-formal and informal learning and the value of cooperation with social partners and civil society;
Amendment 176 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point v
Article 4 – paragraph 1 – point v
(v) promoting equal access to and completion of, quality and inclusive education and training, aiming at breaking the vicious cycle of poverty and deprivation across generations, in particular for disadvantaged groups, from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;
Amendment 181 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible and learner-centred upskilling and reskilling opportunities for all taking into account digital skills, better anticipating change and new skills requirements based on personal, societal and labour market needs, facilitating career transitions and, promoting professional mobility, fostering participation in society and tackling societal challenges;
Amendment 193 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point x
Article 4 – paragraph 1 – point x
(x) promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children, by supporting the use of innovative measures, including social inclusion through sport, physical activity and culture;
Amendment 220 #
2018/0206(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Member States shall envisage actions intended to help small beneficiaries to fully comply with the regulatory requirements in the ESF+, including monitoring and reporting, aiming at diversifying the type of recipients of the Fund and increasing the participation of non-traditional beneficiaries in co-funded projects especially at local and regional levels.
Amendment 64 #
2018/0112(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. TConsidering the new economic context and digitalization of all facets of economy and society, the growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.
Amendment 67 #
2018/0112(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Similarly, online search engines can be important sources of Internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market. In this regard, the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers, has an important impact on consumer choice and the commercial success of those corporate website users. Even in the absence of a contractual relationship with corporate website users, providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and, indirectly, also of consumers in the Union. Thus, it is fundamental that companies behave in a responsible manner, bearing in mind sustainability and societal interests.
Amendment 81 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 85 #
2018/0112(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Also, we must ensure that platforms give fair treatment to business users with whom they compete directly. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.
Amendment 88 #
2018/0112(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 91 #
2018/0112(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services, operating systems and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
Amendment 94 #
2018/0112(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether and where the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. Such intermediation services should include device operating systems, as applications and services through such operating systems can be an important channel to market for businesses. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and thewhich offer goods and services to consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.
Amendment 101 #
2018/0112(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline, meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this Regulation. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. Such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer.
Amendment 115 #
2018/0112(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In certain cases, distinguishing between business users and non-business users of online intermediation services may be complicated. Such a distinction is important, since business users who offer goods or services to consumers should also be under stricter obligations towards consumers. In line with the Commission Proposal for a Directive of the European Parliament and of the Council amending Council Directive 93/13/EEC of 5 April 1993, Directive 98/6/EC of the European Parliament and of the Council, Directive 2005/29/EC of the European Parliament and of the Council and Directive 2011/83/EU of the European Parliament and of the Council as regards better enforcement and modernisation of EU consumer protection rules, it should not be in the discretion of the provider of an online intermediation service to distinguish whether a user is a business user or a non-business user. Rather, the users of online intermediation services should be required to indicate whether they are business users or not, and if so, fulfil their stricter obligations towards consumers. Online intermediation services shall display the information.
Amendment 120 #
2018/0112(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. The definition should be technology neutral and include voice queries, as well as, queries in written format. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 126 #
2018/0112(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of twheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisivether terms were individually negotiated or not.
Amendment 133 #
2018/0112(COD)
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Online intermediation services should not engage in unfair commercial practices, which enhance their superior bargaining power, violate good commercial conduct or contribute to transfer costs and risk unilaterally to their business users. Online intermediation services should ensure that the general terms and conditions they offer are objective, non- discriminatory, fair and reasonable.
Amendment 147 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users and to offer legal certainty it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 148 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend, delist or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereofIt can also be under a legal obligation to remove certain content, or to suspend or terminate the provision of its services in whole or in part. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed in advance of the termination or suspension, except for in cases where a provider of online intermediation services is under a legal obligation to terminate its services immediately. There could also be cases in which the provider of the online intermediation service is not under a legal obligation to terminate its services, for example due to illegal or unsafe products or services being marketed, but where the provider has reasonable doubts regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, it should be possible for the provider of the online intermediation service to act immediately to protect consumers. However, in these exceptional cases where services could be terminated immediately, the business user should in any case be provided with a statement of reasons for the termination of the service. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision, except in cases where a provider of online intermediation services is under a legal obligation not to disclose them. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 154 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to apply restrictions and sanctions or to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 171 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.
Amendment 180 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means such as default settings, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 181 #
2018/0112(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services. Providers of online intermediation services should ensure that any differentiated treatment is objectively justifiable and non-discriminatory.
Amendment 184 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It is equally important that online intermediation service providers do not engage in unfair commercial behaviour or unfair contractual terms, which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining power of the online intermediary and the business user, should have no effect as to the consideration of a practice as unfair.
Amendment 185 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them of which platforms or websites the listing is displayed on.
Amendment 187 #
2018/0112(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue guidance on practices that may comprise unfair commercial practices, including the circumstances in which specified practices might be deemed unfair.
Amendment 190 #
2018/0112(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 191 #
2018/0112(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.
Amendment 224 #
2018/0112(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission, with input from the Platform Observatory, should draw up a list of unfair commercial practices. Certain unilaterally imposed practices by online intermediaries on business users can be considered unfair in all circumstances and harmful to the legitimate interests of their businesses users and, ultimately, also of consumers in the Union.
Amendment 228 #
2018/0112(COD)
1. This Regulation lays down rules to ensure that business users of online intermediation services and operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 232 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulatione purpose of this Regulation is to contribute to the well functioning of the Internal Market and to lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 237 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall be without prejudice to Union and national civil law, in particular contract law and national law rules, which, according to the Union law, prohibit or sanction unilateral conduct or unfair practices.
Amendment 241 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 244 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession, including individuals working or providing services by personally providing work via online intermediation services;
Amendment 255 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) they are provided to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users which offer goods or services to consumers;
Amendment 259 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) device ‘operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.
Amendment 266 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns linkscontent such as short texts, pictures, links, videos, audios, in which information related to the requested content can be found;
Amendment 271 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, such as a voice command, and returns links in which information related to the requested content can be found;
Amendment 294 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguous language, are objective and non-discriminatory;
Amendment 316 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 351 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The online intermediation service provider has to ensure that business users retain full control over their brands. The brand attribution to the business user should be recognizable to the consumer throughout all the stages of the intermediation process.
Amendment 358 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or, terminate, or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 362 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Paragraph 1 shall also not apply where the provider of online intermediation services acts to protect consumers on the basis of reasonable doubt regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, the business user shall be notified without undue delay and be provided with a statement of reasons for that decision.
Amendment 370 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 or 1a shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 375 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Providers of online intermediation services shall, when complying with the requirements of this article, not be required to disclose trade secrets as defined in Article 2(1) of Directive (EU) 2016/943, any information where a legal or confidentiality obligation does not allow them to do so or where providing such information may lead to consumers harm.
Amendment 392 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters presented to the consumer as result of his search query on the online marketplace.
Amendment 393 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 411 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 415 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.
Amendment 416 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.
Amendment 427 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943information that with reasonable certainty would result in the deception of consumers or enable the manipulation of search results.
Amendment 430 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. With the objective of preventing the disclosure of relevant information to the company´s competition.
Amendment 436 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The transparency requirements referred to in this article shall be accompanied by guidelines issued by the Commission regarding the conditions under which an online intermediation service complies with this article. The Commission shall ensure the due compliance with these requirements.
Amendment 449 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Likewise, the risk of unfair behaviour will be addressed when a platform, in a position of superiority, provides a service that competes directly with that of the business user.
Amendment 452 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of online search engines shall set out a description of any differentiated treatment they might give in relation to, on the one hand, goods or services offered to consumers through those online search engine services by either that provider itself of any corporate website users which that provider controls and, on the other hand, other corporate website users.
Amendment 466 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services as well as any technical or economic benefit it does not extend to all business users;
Amendment 468 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned;
Amendment 471 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engine services concerned.
Amendment 477 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Providers of online intermediation services that provide, directly or indirectly through businesses under their control, goods or services to consumers that compete with those provided by its business users, shall allow consumers to freely choose which good or service to use as default when using the online intermediation service.
Amendment 518 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.
Amendment 520 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Notwithstanding the provisions of paragraphs 1 and 2, and with due respect of Regulation2016/679 (GDPR), providers of online intermediated services, facilitating the contracting between the business users and the consumers, shall transmit the relevant consumers data generated through the transaction to the business users or the corporate website users, if the consumer gives explicit consent.
Amendment 521 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The provider of the online intermediation service shall require users to indicate their status as traders or non- traders; traders will be required to provide in a clear and comprehensible manner, their identity, such as trading name, incorporation details, VAT number, geographical address, and means of contact (email, phone number and person of contact).
Amendment 522 #
2018/0112(COD)
2a. Providers of online intermediation services shall, upon request from a consumer of its services, grant access to the personal or other data, or both, generated directly or indirectly by the activity of the consumer, to a third party designated by the consumer. Such access shall be granted under fair, reasonable and non-discriminatory terms.
Amendment 524 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The provider of the online intermediation service shall not for commercial purposes disclose to third parties, including within their corporate structure, data generated by the transactions of a business user without the explicit consent of the business user.
Amendment 532 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 539 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 541 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 552 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for an internal system for handling, in a transparent manner, the complaints of business users.
Amendment 590 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, types of problems faced by business users, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.
Amendment 602 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shallmay identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 621 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 636 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost, except when a business user does not act in good faith in an attempt to reach a resolution to the case or brings a case without merit.
Amendment 642 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time before. during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.
Amendment 646 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.
Amendment 661 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.
Amendment 699 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 716 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The first evaluation of this Regulation shall be carried out, in particular, with a view to assessing the compliance with, and impact on the online platform economy of, the obligations laid down in Articles 5, 6, 7 and 8, and whether additional rules, including regarding enforcement, may be required to ensure a fair, predictable, sustainable and trusted online business environment within the internal market. The first evaluation shall also:
Amendment 717 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a (new)
Article 14 – paragraph 2 – point a (new)
(a) assess, with input from Platform Observatory, the prevalence and impact of unfair commercial practices and consider whether a ban on a selected number of unfair commercial practices would be appropriate.
Amendment 718 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b (new)
Article 14 – paragraph 2 – point b (new)
(b) assess the impact of discrimination by online intermediary services and search engines favouring their own services and products over competing services and products.
Amendment 720 #
2018/0112(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall provide any relevant information that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. It must be the European Commission and the Member States and their competent authorities that monitor and ensure compliance with the regulation, in addition to the rules of the Member States in case the European regulation is not effective. The fragmentation of the digital single market is a problem that can be solved through regulation at a European level.
Amendment 108 #
2018/0090(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Transparency requirements for online marketplaces need to be robust enough to protect the consumer even after the consumer is bound by a distance or off- premises contract, or any corresponding offer if additional essential information becomes available after the sale. Consumers should of course be protected from buying or using illegal goods, which may pose a threat to their health or safety, and be allowed to exercise any available remedies, including through alternative dispute resolution mechanisms provided for in Directive 2013/11/EU of the European Parliament and of the Council1a. They should therefore be informed when they have bought an illegal product or in the event the offer was misleading. Online marketplaces do not always know when an offer or a product is illegal. However, when they become aware of such information after the sale, they should share it not only with the sellers but also with the buyers. Such a requirement is in line with Directive 2000/31/EC, since it would only apply once an online marketplace has received a notice, confirmed its validity, and proceeded with the takedown of the illegal offer or product. Therefore, it does not change in any way the liability regime provided for in Directive 2000/31/EC, since the online marketplace has been made aware of an illegal activity or information stored on its online interface. Similarly, it would not impose any general monitoring obligation, but only to act upon receipt and processing of a valid notice. _____________ 1a Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 190 #
2018/0090(COD)
Proposal for a directive
Recital 44
Recital 44
(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the context of visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off- premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relationIn accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements to protect the legitimate interests of consumers with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitorexamine the proportionate nature and legality of those measures.
Amendment 203 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2005/29/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer's home, or with regard tospecifically defined commercial practices that are identified as aggressive or misleading in the context of commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private lifeproportionate, non- discriminatory and justified by overriding reasons in the public interest.
Amendment 374 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article 6b is inserted: “Article 6b Information requirements for offers considered to be illegal Where the offer for the good or service that has been sold was notified to and removed by the online marketplace on ground that it is illegal after the consumer is bound by a distance or off-premises contract, or any corresponding offer, on an online marketplace, the online marketplace shall promptly provide the following information to the consumer in a clear and comprehensible manner: (a) that the product sold to them or the offer thereof is illegal or apparently illegal and was removed; (b) the identity of the seller that placed the offer, which was removed; (c) the reason why the offer is considered to be illegal or apparently illegal was removed.”
Amendment 49 #
2018/0089(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications and environmentll consumer law and related areas in line in particular with Articles 11 and 169 TFEU and Article 47 of the EU Charter of Fundamental Rights. It should also be recognised that, in light of recent scandals involving the automobile industry, the impact upon consumers can often have secondary elements alongside the initial financial aspects, such as damage to health caused by emissions. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 175 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States mayshall designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1. This shall apply, in particular, to cases where there are often smaller and voluntary advice groups concerned.
Amendment 245 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has access to sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail. This may include a guarantee or indemnity from a third party subject also to the provisions of paragraphs 2 and 3 of this Article.
Amendment 2 #
2017/2278(INI)
Motion for a resolution
Recital A
Recital A
A. whereas over 250 000 public authorities in the Union spend around 14 % of GDP, namely nearly 2,000 billion euros each year on the purchase of services, works and supplies;
Amendment 3 #
2017/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public procurement involves the spending of a considerable amount of taxpayers’ money, meaning that taxpayers expect this procurement to be carried out with transparency and integrity in the most efficient way, in terms of both costs and quality delivered, in order to provide quality goods and services to citizens;
Amendment 4 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 7 #
2017/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 17 #
2017/2278(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 18 #
2017/2278(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is of crucial importance that suppliers trust that the Union’s public procurement systems offer simple and accessible, digital procedures, full transparency, integrity and security of data;
Amendment 27 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States;
Amendment 31 #
2017/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the Guide on socially responsible public procurement, in order to facilitate the implementation of the respective legal provisions in the Member States and especially the use of the most economically advantageous tender as the main award criterion; in this regard, calls on the Commission to clarify that this does not mean the lowest price;
Amendment 36 #
2017/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more accessible and user- friendly way that offers a good overview to practitioners, while also paying attention to the languages available;
Amendment 47 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular and socially responsible economy, as well as employment, innovation, SME and social economy enterprises growth and competition; underlines that this requires Member States to systematically signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 51 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, ethical and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 65 #
2017/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is Is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and that no special attention is paid to quality, sustainability, social inclusion or innovation; therefore calls on the Commission and the Member States to analyse the reason behind this situation; and stresses the need to apply the criterion of the most economically advantageous tender as the main criterion of reference;
Amendment 75 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the adoption of a European Code of Ethics for Public Procurement for the various actors in the procurement process, in particular to ensure compliance with social and environmental standards;
Amendment 78 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines the importance of establishing a transparent dialogue with civil society, including trade unions and representatives of disabled people, with the aim of creating better analytical tools to develop policies that correspond to the real needs of society;
Amendment 86 #
2017/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that innovative, socio- economic, ethical and environmental considerations are legitimate award criteria in public procurement, but that contracting authorities can also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers;
Amendment 90 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 102 #
2017/2278(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the latter to focus on the operation of the helpdesk as a priority, while fully respecting confidentiality; suggests that awarding a label of attestation of conformity to the contracting authority would make this voluntary ex ante evaluation more attractive;
Amendment 108 #
2017/2278(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to do their utmost to put in place the eForms by the end of 2018 at the latest;
Amendment 110 #
2017/2278(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Agrees with the Commission that publicly available contract registers can be a cost-efficient tool for managing contracts, for improving transparency, integrity and data, and for better governance of public procurement;
Amendment 112 #
2017/2278(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 114 #
2017/2278(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that all Member States should be in a position to provide all necessary data on public procurement implementation, including data on tenders, procedures and contracts and statistical information, also in order to enable the Commission to assess the single market on procurement;
Amendment 121 #
2017/2278(INI)
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 140 #
2017/2278(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; stresses the need to clearly recognise new qualifications acquired by creating a common European framework of technical and computer skills;
Amendment 141 #
2017/2278(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 3 #
2017/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties; calls on the Commission to improve in this respect its handling of petitions addressed by providing timely and in-depth answers ;
Amendment 5 #
2017/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to feel involved in the activities of the Union and to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties;
Amendment 10 #
2017/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that petitioners very frequently refer to violations of EU law, in the year 2016 many petitions were registered in the fields of internal market, justice, fundamental rights and environment;
Amendment 11 #
2017/2273(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reiterates its call on the Commission to involve petitioners in the EU pilot procedures initiated in relation to their petitions, inter alia to facilitate dialogue between the petitioner and the national authorities concerned;
Amendment 18 #
2017/2273(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Reiterates its call on the Commission to include in its annual report the rate of implementation also of EU regulations in same way as for directives;
Amendment 27 #
2017/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the increased transparency of, and the provision of more statistical information in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures and asks the Commission to provide specific information about this; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improvmote transparency, and reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the Court of Justice’s ruling on cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;
Amendment 56 #
2017/2273(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on the Commission to increase the transparency of its enforcement policy in full application of effective and good administration principle ; invites the Commission to systematically communicate its decisions as regards the infringement procedures and its different steps taken by the College of Commissioners and to publish the agenda and the main outcomes of package meetings ;
Amendment 61 #
2017/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that, according to Standard Eurobarometer 86, free movement of EU citizens, who can live, work, study and do business anywhere in the EU, is the most positive result of the EU, and a majority of EU citizens favours a common EU policy in areas such as defence, migration and terrorism; recalls that, in order for such policies to be successful, it is paramount that they are implemented in a timely and uniform manner in all Member States; notes with concern that certain Member States are disregarding their obligations with regard to asylum and migration, in particular where relocation of asylum seekers and immigrants is concerned; underlines that the lack of solidarity between some Member states with regard to asylum and migration should be addressed so that all Member States meet their obligations;
Amendment 12 #
2017/2224(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Paris Declaration of 17 March 2015 on promoting citizenship and the common values of freedom, tolerance and non- discrimination through education;
Amendment 16 #
2017/2224(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Council Recommendation on tracking graduates (COM (2017)249)1a _________________ 1a http://data.consilium.europa.eu/doc/docu ment/ST-13361-2017-INIT/en/pdf
Amendment 17 #
2017/2224(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the opinion of the Committee of the Regions of 30 November 2017 on Modernising school and higher education,
Amendment 18 #
2017/2224(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to the opinion of the European Economic and Social Committee of 19 October 2017 on New EU education strategy,
Amendment 35 #
2017/2224(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas diversity is an important aspect of European education systems, at the same time Member States share similar educational goals and challenges which can be better addressed at the European level;
Amendment 51 #
2017/2224(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Pillar of Social Rights places as its main priority the provision of quality and inclusive education, training and lifelong learning;
Amendment 52 #
2017/2224(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas teaching quality is an important determinant of pupil and student outcomes, therefore strong support for excellence in teaching and educators is one of the priorities of EU cooperation in education and training;
Amendment 53 #
2017/2224(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the quality of the ECEC staff is a fundamental factor of the early childhood education and care services;
Amendment 54 #
2017/2224(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. whereas gender inequality in education affects productivity, growth, development, employment as well as many socio-cultural fields;
Amendment 55 #
2017/2224(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. whereas, despite the fact that women account for three fifths (57.6 %) of all graduates in higher education, the gender employment gap was 11.6 p.p. in 2015;1a _________________ 1ahttp://ec.europa.eu/eurostat/statistics- explained/index.php/Gender_statistics
Amendment 56 #
2017/2224(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
C f. whereas pupils and students from disadvantaged groups are at increased risk of underachievement and their chances of accessing and completing higher education are reduced;
Amendment 57 #
2017/2224(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
C g. whereas, despite continuous progress in reducing the number of early leavers from education and training, their number remains higher for non-native people, young people in rural areas and younger men1a; _________________ 1a http://ec.europa.eu/education/sites/educati on/files/monitor2017_en.pdf
Amendment 58 #
2017/2224(INI)
Motion for a resolution
Recital C h (new)
Recital C h (new)
C h. whereas, according to the PISA results, 20,6 % of European pupils face problems in the acquisition of basic skills such as reading, mathematics and science;1a _________________ 1a https://ec.europa.eu/education/sites/educa tion/files/pisa-2015-eu-policy-note_en.pdf
Amendment 78 #
2017/2224(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the attainment of the European Union’s economic and societal objectives as well as its competitiveness and sustained growth depend on quality education;
Amendment 87 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the crucial role of education in shaping the future of Europe both economically and socially, while providing for the needs of its citizens;
Amendment 88 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Emphasises that quality education is vital to equipping young people with knowledge, skills, and attitudes that will help them to confront challenges and shape the world’s future;
Amendment 89 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Underlines that education is the key to continued social cohesion by combatting poverty, social exclusion and gender stereotypes;
Amendment 90 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Recognises the importance of education in developing cultural competences, encouraging cultural development and promoting civic attitudes;
Amendment 91 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Notes the role that education plays in developing lifelong learning attitudes which help people to adapt to the changing demands of the modern world;
Amendment 92 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Notes that quality education fosters innovation and research;
Amendment 93 #
2017/2224(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3 g. Emphasises that achieving equal opportunities, especially for vulnerable and disadvantaged groups, is an important function of education;
Amendment 124 #
2017/2224(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that effective learning and teaching through modern technologies requires a competent level of digital skills, access to high-quality learning resources and training in adapting technology for pedagogical purposes;
Amendment 156 #
2017/2224(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recognises that in the increasingly globalised and digitalised world, innovative and relevant methods of learning, teaching and assessment are necessary;
Amendment 157 #
2017/2224(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Notes that delivering quality teaching and learning is a continuous process and should be given priority when modernising education;
Amendment 158 #
2017/2224(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Notes that contemporary education is not just the transfer of knowledge and learning, but also the ability to select information and put it into practice;
Amendment 170 #
2017/2224(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recognises that the benefits of attending ECEC are greatest for children from disadvantaged groups;
Amendment 173 #
2017/2224(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Sees schools as centres of critical and creative thinking that focus on helping young people to understand and use available information as well as develop their learning autonomy;
Amendment 178 #
2017/2224(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Points out that all pupils and their specific needs should be at the centre of effective school functioning, which requires setting up joint objectives and a clear agenda for their implementation as well as close collaboration of the entire school community and related stakeholders;
Amendment 194 #
2017/2224(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note ofStresses the positive impact of schoolcultural diversity and multilingualism in schools on pupils’ linguistic and cognitive development, as well as on the promotion of intercultureal awareness, and understanding and diversity;
Amendment 200 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Draws attention to the fact that granting schools more autonomy regarding curricula, assessment and finance has been shown to result in increased pupil performance, provided that there is effective school governance and school-based accountability for pupil learning;
Amendment 201 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Notes that in a digital society the school should remain a fundamental and attractive learning environment;
Amendment 202 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Encourages educational initiatives and extra-curricular activities outside the school to support the fulfilment of students' individual needs and interests and contribute to their development;
Amendment 203 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Is of the opinion that graduates of vocational education should be able to transition easily to higher and other types of education and training; notes, in this context, the importance of providing flexible paths between different types of education, and the advantages and growing attractiveness of the hybrid VET system which combines in equal measure strong school-based and work-based paths;
Amendment 204 #
2017/2224(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16 e. Highlights the importance of quality education and vocational training in raising the status of work-based vocations;
Amendment 220 #
2017/2224(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises, within the context of creating a European Educational Area, the importance of supporting, and building on, the potential of all European universities in order to stimulate networking, international cooperation and competition;
Amendment 240 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Advocates that higher education must engage with society at large in order to promote innovative growth and social welfare;
Amendment 241 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Emphasises the need to increase accessibility of lifelong learning at the academic level; stresses, in this context, the role of HEIs in the realization of a lifelong learning strategy, in the education of professionally active people, in the development of competences and in the formation of a learning culture for people of all ages and different backgrounds;
Amendment 242 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Welcomes the focus on inter- disciplinary study programmes and encourages the promotion, in tandem, of STEAM disciplines and human and social sciences; highlights the need to endorse the inclusion of women and other underrepresented groups in STEAM and relevant professions;
Amendment 243 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Emphasises that information management skills, critical thinking and the ability to apply acquired knowledge are principle goals of academic education;
Amendment 244 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Recognises the pivotal role played by academics and students in disseminating knowledge, empirical findings and facts to the wider public;
Amendment 245 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Highlights the role of research based education and pedagogical research as a means of stimulating active learning, enhancing skills development, and improving teaching methodology;
Amendment 246 #
2017/2224(INI)
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20 g. Underlines that learners should be encouraged to use self-assessment techniques to measure their learning progress;
Amendment 270 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Considers that the involvement of teachers and school leaders in modernising education systems is vital for effective reforming processes and motivating educational staff to further improvements in school policy;
Amendment 271 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Acknowledges the crucial function of teachers as guides and mentors who teach how to evaluate information, adopt a supporting role in the face of challenges, and prepare learners for life in a knowledge society;
Amendment 272 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Emphasises the teacher’s key role in providing an inclusive learning environment that requires embracing a range of methods and approaches to meet diverse needs, thus enabling successful learning for all pupils;
Amendment 273 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23 d. Is of the opinion that a comprehensive school policy must contain effective support for teachers and school leaders in order to ensure efficient school functioning and promote development;
Amendment 274 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23 e. Is of the opinion that enhanced cooperation between school teachers, researchers and academics is beneficial for all related parties and results in the improvement and updating of teaching content, learning practices, and pedagogy as well as fostering innovation,creativity and new skills;
Amendment 275 #
2017/2224(INI)
Motion for a resolution
Paragraph 23 f (new)
Paragraph 23 f (new)
23 f. Welcomes the Commission’s initiatives through Erasmus+ to support higher education professionals in developing pedagogical and curriculum design skills by facilitating teacher mobility and international teacher training collaboration;
Amendment 285 #
2017/2224(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Calls on the Member States to support the creation of a European Education Area and to strengthen cooperation in developing and implementing its objectives; calls, in this regard, on the Commission to ensure the sharing of ideas and good practices with a view to achieving those goals;
Amendment 286 #
2017/2224(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to increase funding for improving the quality of education, inclusivity, and equity in teaching and learning;
Amendment 307 #
2017/2224(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Encourages the Member States, in collaboration with the Commission, to support educational institutions in modernising reform processes by assigning specialized contact points at national and/or regional level to provide relevant information, guidance and assistance;
Amendment 312 #
2017/2224(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Encourages the Member States and the Commission to support efforts by educational institutions to make greaterxpects the Digital Education Action Plan to support the Member States and educational institutions in the increased and more effective use of state- of-the-art technology in learning, teaching and assessment, while bearing in mind the need to ensurech is age and development-appropriate and which meets quality assurance standards;
Amendment 327 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Encourages the Member States to monitor the relevance of educational programmes by means of a regularly drafted development plan to ensure that education systems continue to address the changing needs and evolving social- economic situation of the country;
Amendment 328 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Stresses the role of the European Semester in promoting national reforms, namely by defining the education- related country specific recommendations;
Amendment 329 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29 c. Recommends enhancing links among education and various policies to foster and assess the efficiency and performance of educational reforms;
Amendment 330 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29 d. Emphasises the key role of parents as a part of the education triangle in supporting children’s learning; highlights the benefits of parental involvement in child education for increased pupil achievement, their well-being and school development;
Amendment 331 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29 e. Appreciates the Commission’s activities in the field of modernisation of education systems, and in this context, calls on the Member States to be more involved in and committed to the implementation of proposed improvements;
Amendment 332 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 f (new)
Paragraph 29 f (new)
29 f. Calls on the Commission to support cross-border initiatives in open learning online;
Amendment 333 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 g (new)
Paragraph 29 g (new)
29 g. Encourages the Member States to further develop and implement all- encompassing policies on inclusive education aimed at targeting specific needs and promoting the rights of the most vulnerable groups;
Amendment 334 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 h (new)
Paragraph 29 h (new)
29 h. Encourages the development of synergies and collaborations between formal, non-formal and informal education as a means of building on the respective expertise, enriching learning experiences, developing new approaches, different perspectives, and pedagogies;
Amendment 335 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 i (new)
Paragraph 29 i (new)
29 i. Calls on the Member States to continue beyond 2018 with their efforts to further enhance the implementation of the 2012 Council recommendation on the validation of non-formal and informal learning;
Amendment 336 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 j (new)
Paragraph 29 j (new)
29 j. Encourages the Commission and the Member States to facilitate the use of the EU Key Competences Framework in all educational settings and to enable its application to formal, non-formal, and informal learning, thus maximising its potential as a crucial tool for lifelong learning;
Amendment 337 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 k (new)
Paragraph 29 k (new)
29 k. Encourages stronger emphasis on creativity and lifelong learning at all levels of education through creative teaching, multidisciplinary courses, the establishment of inspiring classroom environments, as well as project – and problem- based education, among others;
Amendment 338 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 l (new)
Paragraph 29 l (new)
29 l. Supports the increased EU benchmark for participation in lifelong learning; calls, in this regard, on the Commission to propose best practices recommendations with a view to achieving this ambitious goal;
Amendment 339 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 m (new)
Paragraph 29 m (new)
29 m. Emphasises that the quality of education should be measured as the degree to which a learner has acquired not only knowledge and competences, but also the ability to pursue and develop lifelong learning and creative endeavours;
Amendment 340 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 n (new)
Paragraph 29 n (new)
29 n. Supports the Commission in the creation of a scoreboard to support the development of key competences as well as competency- based education, learning and training;
Amendment 341 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 o (new)
Paragraph 29 o (new)
29 o. Supports and encourages the implementation of action concerning the development of media literacy and critical thinking through education and training, as proposed in the Council conclusions of 30 May 2016; calls, in this context, on the Commission to coordinate policy developments at the EU level in the area of media literacy with a view to disseminating updated knowledge and best practices in this field;
Amendment 342 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 p (new)
Paragraph 29 p (new)
29 p. Calls on the Member States to increase cooperation between schools, higher education establishments and the world of work both in the development of curricula and the creation of apprenticeships and internships;
Amendment 343 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 q (new)
Paragraph 29 q (new)
29 q. Calls on the Member States to develop career guidance that would facilitate the identification of pupils' and students’ abilities and predispositions, and strengthen the process of personalised teaching;
Amendment 344 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 r (new)
Paragraph 29 r (new)
29 r. Encourages the Commission to support the Member States in developing training and educational programmes facilitating the active inclusion of adults returning to the labour market;
Amendment 345 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 s (new)
Paragraph 29 s (new)
29 s. Calls on the Member States to develop intergenerational projects to facilitate understanding of the challenges elderly people face as well as providing opportunities for them to share their skills, knowledge and experience;
Amendment 346 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 t (new)
Paragraph 29 t (new)
29 t. Stresses the importance of citizenship education aimed at supporting young people to become active, informed and responsible citizens who are willing and able to take responsibility for themselves and for their communities;1a _________________ 1aCitizenship Education at school in Europe 2017, Eurydice Report, European Commission
Amendment 376 #
2017/2224(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Supports setting a European benchmark for the quality of ECEC to be measured according to national or regional quality indicators;
Amendment 387 #
2017/2224(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Encourages the Member States to apply more initiatives in the form of tax reductions and subsidies for parents and guardians, especially those from socio- economically disadvantaged backgrounds to enable and encourage their use of ECEC services;
Amendment 391 #
2017/2224(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends the implementation of athe ‘whole school approach’ to increase social inclusion, accessibility and quality in education, as well as to address early school leaving, while also aiming to put learning outcomes, learners’ needs, well-being and involvement in school life at the core of all activity;
Amendment 422 #
2017/2224(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Encourages the Member States and the Commission to develop strategies to support initiatives by schools and teachers to create a more inclusive learning environmentCalls on the Commission to addresses school bullying, cyberbullying and violence by developing, in cooperation with the direct beneficiaries, school prevention programmes and awareness raising campaigns;
Amendment 429 #
2017/2224(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Encourages the Commission to support the development among young Europeans of language skills in formal and non-formal educational settings by developing innovative multilingual pedagogies, sharing best multilingual pedagogical practices, and enhancing teachers’ language competences;
Amendment 430 #
2017/2224(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37 b. Calls on the Commission, together with the European Agency for Special Needs and Inclusive Education to develop innovative methods and educational tools to foster inclusion and support the attainment of individual pupils’ needs;
Amendment 431 #
2017/2224(INI)
Motion for a resolution
Paragraph 37 c (new)
Paragraph 37 c (new)
37 c. Calls on the Member States and educational institutions to reinforce basic skills through project- and problem based learning which also contributes to promoting creativity and critical thinking;
Amendment 432 #
2017/2224(INI)
Motion for a resolution
Paragraph 37 d (new)
Paragraph 37 d (new)
37 d. Calls on the Member States to limit to the necessary minimum the use of standardized tests as instruments to assess the level of acquired knowledge and skills;
Amendment 433 #
2017/2224(INI)
Motion for a resolution
Paragraph 37 e (new)
Paragraph 37 e (new)
37 e. Encourages the Member States to consider adopting measures towards the recognition of school periods abroad that do not result in a diploma or qualification; invites, in this regard, the Commission to propose guidelines for recognition of school periods abroad, taking into consideration the existing best practices of Member States, the principle of mutual appreciation between educational systems, the key- competencies-based approach, as well as the specificities of national educational systems and cultures;
Amendment 452 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Calls on the Member States to foster more inclusive mobility of students, teachers, researchers and administrative staff, as it contributes both to their personal and professional development as well as to the increased quality of learning, teaching, research and administration;
Amendment 453 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41 b. Encourages the inclusion of high quality work placements, recognised through ECTS credits, into higher education programmes;
Amendment 454 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41 c. Supports, as a basis for increased cooperation among all European universities, the creation of a European network of universities, which contributes to the European Educational Area becoming a more innovative, vital, and appealing place for learning and research;
Amendment 455 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 d (new)
Paragraph 41 d (new)
41 d. Calls on the Commission and Member States to promote the renewed EU agenda for higher education among HEIs, regional and local authorities, employers, with a view to addressing HEIs and students‘ needs and challenges, creating links with local and regional actors, and strengthening collaboration with the world of work;
Amendment 456 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 e (new)
Paragraph 41 e (new)
41 e. Encourages the HEIs to be more involved in local and regional development by engaging in cooperative community projects to foster lifelong learning, entrepreneurship, and research and innovation;
Amendment 457 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 f (new)
Paragraph 41 f (new)
41 f. Encourages the Commission to increase its efforts to narrow the research and innovation gap among the Member States and regions by proposing new initiatives within Marie Skłodowska-Curie Actions as well as to support the combination of research and teaching activities for those beneficiaries of Marie Skłodowska-Curie Actions preparing for an academic career;
Amendment 458 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 g (new)
Paragraph 41 g (new)
41 g. Suggests that the EU STE(A)M coalition should encompass a wide range of disciplines to prepare students to live and work within the dynamically changing reality;
Amendment 459 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 h (new)
Paragraph 41 h (new)
41 h. Stresses the need to develop comprehensive strategies for determining the quality of new modes of teaching and learning eg. e-learning; recognises, in this context, the role of ENQA and other relevant European networks in contributing to the establishment of quality assurance;
Amendment 460 #
2017/2224(INI)
Motion for a resolution
Paragraph 41 i (new)
Paragraph 41 i (new)
41 i. Supports the awarding of ECTS credits to students for community volunteer work as a means of contributing to students’ professional and personal development;
Amendment 469 #
2017/2224(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the Commission to increase its efforts toand Member States to support teachers in incorporating innovation and technology into teaching through improveing teachers’ digital skills and tos well as provideing them with ongoingrelevant resources and support throughe.g. developing online communities, open educational resources and courses for school professionals;
Amendment 476 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on the Member States to reform, coordinate and invest in teacher education from the initial phase and throughout their professional development in order to equip teachers with solid, updated knowledge, skills and competences essential to a high standard of teaching and diversity of teaching methods;
Amendment 477 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44 b. Sees the necessity to create synergies between knowledge of teachers and the technological potential of pupils in order to maximise the learning outcomes;
Amendment 478 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 c (new)
Paragraph 44 c (new)
44 c. Advocates the incorporation of teacher training placements, guided by trained mentors, throughout teachers’ studies;
Amendment 479 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 d (new)
Paragraph 44 d (new)
44 d. Encourages teachers and school leaders to promote and take a leading role in implementing innovation in the school environment and fostering its development;
Amendment 480 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 e (new)
Paragraph 44 e (new)
44 e. Encourages higher education institutions to prioritise, support and reward the improvement and updating of the pedagogical knowledge of higher education teachers and researchers, including educational possibilities offered by modern technology as a means of enhancing student achievement and teaching efficacy;
Amendment 481 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 f (new)
Paragraph 44 f (new)
44 f. Supports the development of new, innovative and ambitious teaching techniques and educational standards to better respond to the needs of students and higher education institutions, as well as to the challenges of a rapidly changing world;
Amendment 482 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 g (new)
Paragraph 44 g (new)
44 g. Supports the creation of the Academy of Teaching and Learning as a centre of online exchange of best practice, sharing experiences and mutual learning as well as a place for regular meetings in the form of workshops, seminars, and conferences to promote teachers’ collaboration, enhance quality of teaching, and foster teachers’ professional development; calls on the Commission to propose a project to create such an academy;
Amendment 483 #
2017/2224(INI)
Motion for a resolution
Paragraph 44 h (new)
Paragraph 44 h (new)
44 h. Places emphasis on intercultural learning as part of teacher education with a view to enhancing teachers’ intercultural competences which are required to work in increasingly diverse societies and to foster the internationalisation of schools;
Amendment 3 #
2017/2126(INI)
Motion for a resolution
Recital b a (new)
Recital b a (new)
ba. whereas the quality of services offered to EU citizens and responsiveness to their needs and concerns by the EU administration is crucial in protecting citizens' rights and fundamental freedoms; whereas Article 15 TFEU states that, in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible;
Amendment 7 #
2017/2126(INI)
Motion for a resolution
Recital H
Recital H
H. whereas in 2016 the Ombudsman opened 245 inquiries, of which 235 were complaint-based and 10 were own- initiative inquiries, while closing 291 inquiries (278 complaint-based and 13 own-initiative inquiries); whereas most inquiries concerned the Commission (58.8%), followed by the EU agencies (12.3%), the European Parliament (6.5%), EPSO (5.7 %), the EEAS (4.5 %), OLAF (0.8 %)and other institutions (11.4 %);
Amendment 8 #
2017/2126(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the top three concerns in the inquiries closed by the Ombudsman in 2016 were: transparency and access to information and documents (29.6 %); good management of EU personnel issues (28.2 %); and culture of service (25.1 %); whereas other concerns include proper use of discretion including in infringement procedures, sound financial management of EU grants and contracts, respect for procedural and fundamental rights;
Amendment 9 #
2017/2126(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the Ombudsman also cooperates with other international organisations, such as the United Nations and is part of the EU framework under the United Nations Convention on the Rights of Persons with Disabilities (CPRD) tasked with protecting, promoting and monitoring the implementation of the Convention at the level of the EU institutions;
Amendment 22 #
2017/2126(INI)
5a. Notes that the Ombudsman's office achieved the second highest compliance rate with its decisions and/or recommendations so far; recommends to the Ombudsman to stay alert and identify reasons for non-compliance with its recommendations and to inform the European Parliament of any recurrent non-compliance cases by the EU administration;
Amendment 27 #
2017/2126(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that in 2016, most of the cases handled by the Ombudsman were closed within 12 months and the average time needed to close an inquiry was 10 months, with only 30% of cases being closed after 12 or more months; urges the Ombudsman to further improve its working methods and shorten treatment of complaints, especially for cases still open after 12 months, without compromising her work efficiency;
Amendment 28 #
2017/2126(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that transparency-related inquiries again account for the greatest proportion of cases in particular concerning issues related to transparency of decision-making process, lobbying transparency, access to EU documents, followed by other problems that arise in a range of issues from violation of fundamental rights to EU contracts and grants and ethical issues;
Amendment 46 #
2017/2126(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Supports the Ombudsman's recommendations for improving the current revision of the European Investment Bank Complaints Mechanism (EIB-CM); Calls on the European Ombudsman to play a more active role in exercising its scrutiny over the EIB and in particular in ensuring that the new EIB- CM remains credible and efficient respecting the principles of operational independence, transparency, accessibility, timeliness and adequate resources;
Amendment 49 #
2017/2126(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
Amendment 51 #
2017/2126(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the Ombudsman’s findings of maladministration with the Code of Conduct for Commissioners; stresses the importance of high moral and ethical standards within the EU administration, and welcomes the Commission’s decision to extend the cooling-off period to two years for former Commissioners and three years for former Commission Presidents; supports the Ombudsman’s recommendations for further revision of the Code in accordance with the Treaty obligations by making the rules more explicit and easily implementable ensuring credibility, impartiality and lack of conflict of interest on a case by case basis; Encourages the Ombudsman to continue to oversee and assess the level of independence of the Commission's Ad Hoc Ethical Committee;
Amendment 64 #
2017/2126(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Ombudsman's practical recommendations for public officials' interaction with lobbyists; urges the Ombudsman to increase awareness about these recommendations among staff members in all EU institutions through educational training, seminars and related supportive measures and calls on all EU institutions to implement the Ombudsman's Code of Good Administrative Behaviour and the transparency measures from the UN Framework Convention for Tobacco control FCTC;
Amendment 66 #
2017/2126(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Commends the Ombudsman's work in dealing with issues of general public interest, such as fundamental rights, safety and efficiency of medicine, the protection of environment, health and environmental risks; Calls on the Ombudsman to follow up on its proposals to the European Chemicals Agency on disincentives relating to animal testing when new cosmetic products are registered on the market and to the European Personnel Selection Office (EPSO) on the application of principle of force majeure and transparency of EPSO competitions;
Amendment 67 #
2017/2126(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the Ombudsman’s role in shaping a proactive and transparent policy regarding the clinical trials carried out by the European Medicines Agency (EMA) and in particular the Ombudsman's recommendations concerning the approval of Humira, one of the world's biggest selling drugs, which is used to treat Crohn's disease; encourages the Ombudsman to continue monitoring the EMA to ensure that it meets the highest standards of transparency and access to information on clinical trials, namely standards that are in the public interest and of value to doctors, patients and researchers;
Amendment 77 #
2017/2126(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that whistle-blowers are crucial figures in unveiling cases of maladministration, and supports measures by the EU institutions to encourage whistle-blowing and protect whistle- blowers against retribution and calls on the Ombudsman to further assess implementation of the new internal whistleblowing rules in the EU institutions; reiterates its call for a directive on whistle-blowing which sets out appropriate channels and procedures for denouncing all forms of maladministration, as well as minimum adequate guarantees and legal safeguards at all levels for the individuals involved;
Amendment 79 #
2017/2126(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that the European Network of Ombudsmen could play an important role in defending EU citizens' rights in the negotiations on the United Kingdom's withdrawal from the European Union;
Amendment 1 #
2017/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that improving road safety in the EU begins with ensuring that existing and future provisions can be implemented and checked effectivelyTakes note that 25.500 people died in 2016 on European roads and a further 135,000 were seriously injured, causing a devastating human suffering but also economic costs; recognises that improving road safety in the EU is of utmost importance to reduce the amount of fatalities and serious injuries and begins with ensuring that existing and future provisions can be implemented and checked effectively; therefore welcomes the list of safety technologies published by the Commission for inclusion in the next revision of the rules; calls on the Commission to come up with an ambitious proposal of the General Safety Regulation and Pedestrian Protection Regulation within the next six months; calls, in that regard, for increased best practice sharing and independent and peer reviews of type approval and technical services in the Union; calls, in addition, for greater and more independent post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria;
Amendment 12 #
2017/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that when non- conformities are identified, European consumers should be able to count on rapid, appropriate and coordinated corrective measures, including Union-wide vehicle recall where necessary; stresses, further, that jointly with the vehicle recall, consumers being harmed by non- conformity of type approval should be adequately compensated by financial means, and that recall programmes only should not be seen as an appropriate measure of compensation in general; considers that by withdrawal of the type approval due to noncompliance or nonconformity, the owner of the affected vehicle should have the right of full reimbursement of the manufacturer for the damage caused by the purchase of this vehicle;
Amendment 27 #
2017/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the improvements that market-led technological developments have already brought to Union road safety, and encourages the continued exploration of the opportunities the digital revolution offers in that regard; reminds regarding the digital revolution and the rising importance of automated and connected driving, the protection of the consumer´s data in the vehicle should have the highest possible standards and where the data processing and forwarding is not mandatory for the safe functioning of the vehicle, consumers must be able to stop the data transfer to the vehicle manufacturer easily; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, high vision cabins and front-end blind spot cameras and detection for HGVs.; calls for a better and a more effective collection and exchange of information and data between all stakeholders regarding the research of the real cause of the accidents;
Amendment 48 #
2017/2069(INI)
Motion for a resolution
Recital G
Recital G
G. whereas as petitions and complaints addressed to the European Commission and to SOLVIT have shown, EU citizens face notable difficulties in exercising this right, owing to administrative burdens and bureaucracy in Member States, and to misinformation and/or a lack of cooperation by Member State authorities;
Amendment 71 #
2017/2069(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s 2017 EU Citizenship Report, which contains an enumeration of priorities by field of activity; expresses its doubt as to whether these priorities will effectively answer citizens’ concerns; regrets the lack of well-defined, concrete commitments and actions for the next three years;
Amendment 72 #
2017/2069(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note of the Commission’s willingness to increase its efforts in order to inform the European citizens of their rights whereas strongly recalls the predominant importance of a timely and effective enforcement of them ;reminds that the correct application of EU law is a shared responsibility of the Member States and the European institutions; underlines in that respect the crucial role the Commission has to play as the Guardian of the Treaties in the implementation of the articles 258-260 TFEU;
Amendment 75 #
2017/2069(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Urges the Commission to speed up its EU law enforcement policy by using all available tools mechanisms in order to bring a correct application of EU law closer to the citizens.
Amendment 103 #
2017/2069(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Invites the Commission to take more active steps against LGBTI discrimination and to combat homophobia by defining concrete action to be taken at national and European levels; calls at the same time for the EU institutions to monitor LGBTI rights closely and to promote the recognition of cross-border rights for LGBTI persons and their families in the EU; calls upon legislators to expedite their activities with regard to the adoption of a comprehensive directive on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services including different modes of transportation;
Amendment 129 #
2017/2069(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to reinforce the SOLVIT network by improving the interaction between its services and national centres in order to ensure a better follow-up of unresolved and repetitive cases as well as a greater articulation between the different EU law enforcement tools such as EU PILOT and CHAP ;at the same time, invites the Member States to promote the SOLVIT network and its services among EU citizens, as well as other redress mechanisms, both at EU level, such as the Committee on Petitions and the European Ombudsman and at national level, such as the local ombudsman;
Amendment 139 #
2017/2069(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that access to health services, coordination of social security schemes and recognition of professional qualifications in other Member States are the areas where EU citizens are often facing difficulties and calls for a vigorous enforcement by the Commission in order to redress those situations ;
Amendment 168 #
2017/2069(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. ERecalls the fundamental right to freedom of expression and information enshrined in article 11 of the EU Charter of Fundamental Rights ; expresses its conviction that free media and access to a plurality of voices in society and in the media are an indispensable part of a healthy democracy and constitutes therefore a constitutional foundation of EU membership as enshrined in Articles 2 and 6 of the TEU; underlines the need for a defined EU policy to tackle anti- European propaganda and false information; proposes that EU institutions proceed with the creation of a European television channel broadcasting in all Member Statesunderlines the need for a defined EU policy to tackle anti-European propaganda and false information;
Amendment 178 #
2017/2069(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Maintains that transparency is a key tool for bringing citizens closer to the EU and involving them in its activities; notes that access to documents represents 30% of the inquiries closed by the European Ombudsman in 2016 and therefore recommends the promotion of the right to access documents and the translation of as many documents as possible into all EU languages; calls for an horizontal directive on whistle-blowing which sets out appropriate channels and procedures for reporting cases; supports the intensification of dialogue with citizens and the encouragement of public debates in order to improve EU citizens’ understanding of the impact of the EU on their daily lives and to allow them to take part in an exchange of views, through slots in television programmes for targeted audiences;
Amendment 184 #
2017/2069(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the promotion of a culture of service among EU and national institutions and considers that the EU should lead by example through the highest administrative and transparency standards, as envisaged elsewhere inin accordance with Article 41 of the EU Charter of Fundamental Rights; proposes that local EU offices in the Member States be transformed into one- stop shops, offering comprehensive services for EU citizens, so as to reduce bureaucracy and the obstacles it poses to the exercise of EU citizenship rights; highlights the importance of the ‘once only’ project, which eliminates unnecessary burdens for European businesses that are asked to present the same data and documents repeatedly in their operations across borders;
Amendment 193 #
2017/2069(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to guarantee that their national legislation is sufficiently clear and detailed to ensure that the right to free movement of citizens and their families is respected; to proceed with the proper training of competent national authorities in this respect on the basis of an electronic learning tool and to disseminate accurate information to interested parties in a precise manner; to foster, furthermore, good cooperation and a swift exchange of information with other national administrations, especially where cross-border insurance and old age pensions are concerned; urges the Commission to submit a proposal for an act on the cross-border recognition of adoption orders;
Amendment 199 #
2017/2069(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Welcomes the launch of the EU solidarity corps for young European citizens and asks for the initiative to be properly funded and that quality jobs are not replaced by unpaid volunteering;
Amendment 2 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that a well-functioning internal market is a cornerstone for stronger competitiveness of the Union and stresses the need to take into account the transformation to the digital era with an adequate budgetary allocation, in particular for SMEs;
Amendment 4 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Is convinced that consumer policy is one of the main horizontal priorities for the Union and that the budget for that policy area should reflect this; asks the Commission to do its utmost to increase education and awareness on consumer policy in particular in the Digital Single Market and to mainstream consumer interests across differentall Union policies;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes appropriations for the competitiveness of enterprises and SMEs as it is one of the priorities to support entrepreneurship and boost growth andsustainable growth and the creation of jobs;
Amendment 8 #
2017/2044(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Is nevertheless concerned at the reduction in the budget line 02 02 01 ‘Promoting entrepreneurship and improving the competitiveness and access to markets of Union enterprises’ as SMEs still encounter problems in those areas of the real economy; stresses that sufficient financial support for microenterprises, entrepreneurs and SMEs should be the key priority for the Union; emphasises that securing good access to finance is essential for keeping SMEs competitive and for helping them to overcome challenges related to access to the internal market as well as to the global market;
Amendment 9 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the crucial role of SMEs and microenterprises in the Union economy; calls for more targeted spending programmes that help and encourage the internationalisation and exports of SMEs to third countries;
Amendment 4 #
2017/2024(INL)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Recalls that of the 66 submitted European Citizens’ initiative (ECI), only 47 were registered by the Commission, of which only 3 collected the required 1 million signatures and none led to a new legislative proposal;
Amendment 6 #
2017/2024(INL)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Believes that the difficulties encountered by the organisers of European Citizens’ initiatives and the limited legislative impact of successful initiatives have undermined the credibility of the ECI leading to a decline in registered initiatives;
Amendment 8 #
2017/2024(INL)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Considers that the European Citizens Initiative still has a lot of untapped potential that could improve the functioning of the EU on behalf of its citizens; calls for a comprehensive revision and simplification of the ECI aimed at overcoming the existing barriers and bureaucratic hurdles, making it more user-friendly and accessible to citizens;
Amendment 10 #
2017/2024(INL)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Underlines that the ECI complements the citizens' right to submit petitions to the European Parliament and their right of appeal to the European Ombudsman; Calls on the Commission to take into account the recommendations of the European Ombudsman and the Committee of Petitions in improving the functioning of the ECI;
Amendment 12 #
2017/2024(INL)
Draft opinion
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. Reiterates that every citizen has the right to participate in the democratic life of the Union by way of the European citizens' initiative and calls for additional measures to ensure that specific groups of people such as European citizens living abroad, disabled or older people are not denied their right to participate and sign an ECI;
Amendment 13 #
2017/2024(INL)
Draft opinion
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. Is aware of the rigid application of the ECI eligibility criteria and the potential conflict of interest within the Commission, which makes an assessment on the admissibility of the initiative, while also being the recipient of that same initiative; Invites the Commission to revise the procedure for the application of the legal admissibility criteria by following a more transparent and consistent approach on the nature and scope of the ECI;
Amendment 15 #
2017/2024(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Invites the Commission to increase the transparency of its decision-making process and to formally clarify ECI admissibility criteria by exhaustively substantiating the reasons for ECI approval/rejection in all Commission Decisions published in the ECI register; calls upon the Commission to codify the rulings of the Court of Justice in the cases relating to the “Minority Safepack” and “Stop TTIP” initiatives; welcomes the Commission’s change in practice to allow for partial ECI registration, “Ethics for Animals and Kids” and “Stop TTIP” amongst other initiatives;
Amendment 20 #
2017/2024(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Encourages the Commission to take a more flexible approach on the registration process and welcomes its new practice to allow for partial ECI registration; Calls on the Commission to ensure that the registration process is transparent, clear and straightforward and to provide detailed answers and possible solutions when initiatives are declared inadmissible, enabling citizens to amend and resubmit them;
Amendment 24 #
2017/2024(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Encourages the Commission to ensure that the proposed citizens’ initiatives are not contrary to the values of the Union laid down in Article 2 TEU, as well as to the principles enshrined in the EU Charter of Fundamental Rights; invites the Commission to conduct a check on the values of the proposed citizens’ initiatives prior to the collection of statements of support from signatories;
Amendment 31 #
2017/2024(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the simplification of othe Online signature collection (“Collection software (OCS”) and verification of signatures and for a progressive approach to countering the technological barriers to the OCS; invites the Commission to address data requirement divergences in national systems, especially regarding nationality and place of residence; welcomes the AFCO proposales that the Commission runs a free, centralised OCS systemmultilingual, centralised, permanent OCS system which would also be available to people with disabilities; suggests that this system makes use of existing, proven online platform technologies and enable synergies with social media toolnew relevant social media, digital tools and mobile software devices and applications to galvanize more widespread signature collection; welcomes the Commission’s public survey on creating a “Collaborative ECI Platform”; iInvites the Commission to prolong the collection period such that the clock for collection starts running from the date of ECIto 18 months and to allow Citizens’ committees to freely choose the starting date for collecting signatures, which should be no later than two months after registration; calls for greater transparency measures for ascertaining ECI financing;
Amendment 36 #
2017/2024(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the simplification of online signature collection (“OCS”) and verification and for a progressive approach to countering the technological barriers to OCS and ensure accessibility for citizens with disabilities; invites the Commission to address data requirement divergences in national systems, especially regarding nationality and place of residence; welcomes the AFCO proposal that the Commission run a free, centralised OCS system; suggests that this system make use of existing, proven online platform technologies and enable synergies with social media tools to galvanize more widespread signature collection, after a thorough analysis on preventing potential illegal abuse of these online tools; welcomes the Commission’s public survey on creating a “Collaborative ECI Platform”; invites the Commission to prolong the collection period such that the clock for collection starts running from the date of ECI registration; calls for greater transparency measures for ascertaining ECI financing and making this information directly available online to the public;
Amendment 38 #
2017/2024(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Invites the European Commission and Member States to implement simpler and uniform online and offline signature collection rules in compliance with EU data protection laws and standards; Calls on the Commission to further explore the possibility of creating a simplified voluntary online EU register where citizens can sign an ECI initiative;
Amendment 42 #
2017/2024(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Recalls the position of the Petitions’ Committee to encourage the civic participation of the younger generation in EU affairs by uniformly lowering the age limit for supporting and taking part in an ECI to 16 years old;
Amendment 44 #
2017/2024(INL)
2c. Considers that an independent ECI helpdesk providing technical know- how on the organisation and run of cross- border ECI campaigns and facilitating translation services into the official languages of the EU is needed; Is of the opinion that Europe Direct Contact Centre, the Commission representations and the European Parliament information offices in the Member States could provide resources for this purpose;
Amendment 47 #
2017/2024(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls upon the Commission to create a one-stop shop for ECI information dissemination and citizen advisory services, in particular the provision of support in defining a compliant legal basis for an initiative; welcomes the AFCO proposal for a provision in the new Regulation on ECI communication activities at EU level; urges the Commission to link such efforts to the principles set out in the EU eGovernment Action Plan 2016-2020;
Amendment 53 #
2017/2024(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the lack of knowledge and awareness of the ECI among European citizens; Encourages the Commission and Member States to use every available communication channel, especially all relevant European Institutions' social and digital media platforms to conduct an ongoing awareness raising campaign to proactively promote the ECI, and furthermore provide information about on-going ECI initiatives
Amendment 56 #
2017/2024(INL)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 64 #
2017/2024(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that the European Commission should always initiate a debate on the initiatives that have gathered 1 million signatures, followed by a vote in the Council and the European Parliament; asks the Commission to also develop appropriate forms of response to those ECIs which do not meet all the formal criteria or do not reach the full 1 million signatures, but receive significant citizens’ support and supports public hearings in the Committee of Petitions for those initiatives;
Amendment 72 #
2017/2024(INL)
5b. Urges the Commission to further build on the European Citizens’ Initiative Day, organised every year to assess the state of implementation and the effectiveness of the ECI, by setting up an inter-institutional debate platform on the improvement of the ECI with the involvement of all relevant stakeholders;
Amendment 75 #
2017/2024(INL)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Underlines the need for joint action of the Commission and Members States and in particular regional and local authorities, to make citizens, with young people as one of its primary targets, aware of their right to propose and support an ECI; considers that ad hoc campaigns, grass-root initiatives and information campaigns at national and regional level play a decisive role in disseminating information and explaining how citizens can influence and change EU policies through an ECI mechanism;
Amendment 98 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 7 – paragraph 2 a (new)
Annex I – part B – point 1 – point 7 – paragraph 2 a (new)
The European Parliament shall also develop appropriate forms of response to those citizens' initiatives which do not meet all the formal criteria set out in this regulation or do not meet the one million signatures' threshold, but nevertheless receive significant citizens’ support.
Amendment 106 #
2017/2024(INL)
Motion for a resolution
Annex I – part B – point 1 – point 9 – paragraph 2 a (new)
Annex I – part B – point 1 – point 9 – paragraph 2 a (new)
The Union Institutions and Members States and in particular regional and local authorities shall take actions to make citizens, and particularly young people, aware of their right to propose and support an European citizens' initiative including by explaining its existence and the difference with petitions submitted to the European Parliament. The Commission and Member States shall support ad hoc campaigns, grass-root initiatives and information campaigns at national and regional level explaining how citizens can influence and change Union policies through an European citizens' initiative;
Amendment 2 #
2017/2009(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Acknowledges that innovation and creativity are needed to ensure a more sustainable development of cities, regions and societies as a whole, and provide answers to the societal challenges our societies face today;
Amendment 3 #
2017/2009(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Notes that active cultural participation encourages environmentally responsible behaviours, improves physical and mental health and wellbeing and facilitates intercultural dialogue, respect for and social integration of minorities, improves school attendance and performance rates of young people, therefore contributing to and facilitating the achievement of many existing SDGs;
Amendment 4 #
2017/2009(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Given the transversal and immensely valuable contribution of culture to individual and collective wellbeing as well as to sustainable urban, rural and regional development, calls for the inclusion of a self-standing SDG on access to culture and active cultural participation;
Amendment 5 #
2017/2009(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Recalls the specific role of culture in external relations and culture in development policies, in particular for conflict resolution and prevention, peace- making and empowerment of local populations; therefore considers that an ambitious and sound cultural strategy, including cultural diplomacy, is needed to achieve a new consensus on development;
Amendment 8 #
2017/2009(INI)
Draft opinion
Paragraph -1 g (new)
Paragraph -1 g (new)
-1 g. A coherent sustainable agenda requires the re-orientation of economic strategies and policies towards the creation of quality jobs, the promotion of circular economy, the reduction of social inequalities and the adoption of a European Pillar of Social Rights; therefore calls the Commission and Member States to tackle poverty in particular child poverty, invest in quality formal, informal and non-formal education and training, adopt a Skills Guarantee and a coherent and bold cultural strategy at all levels of government;
Amendment 24 #
2017/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends thatEncourages Member States, in the context of education and lifelong learning for inclusion, ato continue the genuine revision of EU and Member States’ education and employment policies is necessaryn line with the New Skills Agenda; highlights that education and training and skills policies should not only be adjusted to labour market demands but should also promote personal and societal development in a holistic manner;
Amendment 34 #
2017/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NoteRecalls that the Youth Guarantee scheme and Youth Employment Initiative have hitherto failedare key tools to address the persistent problem of high levels of youth unemployment; calls for their revisioncontinued improvement and for proper financial support in order to promote the creation of new high- quality jobs and decent social protection for young people.;
Amendment 37 #
2017/2009(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the role of education, both formal and informal, lifelong learning, sport, art and volunteering for learning about sustainability and fostering ecological citizenship, as part as a broader effort to equip young people with the relevant skills, competences and attitudes to become open and responsible citizens;
Amendment 40 #
2017/2009(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Embraces the opportunities offered by the diversity of learning settings, such as eco-schools, centres for development education, outdoors learning;
Amendment 41 #
2017/2009(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls for mainstreaming learning for sustainability and ecological citizenship across disciplines, in particular in entrepreneurship learning, including social entrepreneurship, and digital literacy and skills;
Amendment 43 #
2017/2009(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Considers that in a fast changing economy, characterised by increasing digitisation of societies and robotisation and automation of jobs, a future-proofed sustainable agenda should be included in a broader reflection on occupational literacy;
Amendment 46 #
2017/2009(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Reflecting the need to promote further synergies between innovation and creativity in science, calls for adding Arts education in STEM subjects, promoting STEAM education, particularly in respect of girls, in order to address societal challenges in reaching sustainability goals;
Amendment 47 #
2017/2009(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Recalls the need to also support training of educators and trainers, encouraging peer-to-peer learning and exchange of best practices at EU and global level;
Amendment 48 #
2017/2009(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Calls for financial support in the field of research, including through existing EU programmes such as Horizon 2020, in order to explore further the links between arts, innovation, and science, as well as the contribution of education and culture to sustainability;
Amendment 49 #
2017/2009(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Calls for the development of indicators to measure the contribution of culture to existing SDGs and, if created, to monitor the new SDG on access to culture and active cultural participation;
Amendment 50 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable, thus enhancing economic growth, social welfare and environmental protection, and contribute to the transition towards a circular economy;
Amendment 61 #
2017/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound impact on long-established business models in many strategic sectors such as transportation, accommodation, restaurant industry, services, retail and finance; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 101 #
2017/2003(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 122 #
2017/2003(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of ultra high-speed fixed and wireless networks as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model; recalls, thus, the necessity to ensure an adequate network access for all citizens in the EU, especially in those areas where sufficient connectivity is not yet available;
Amendment 222 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the trust-building mechanisms some collaborative platforms have put in place, including setting an effective and reliable review and reputation system, introducing of guarantees or insurance, identity verification of peers and prosumers - such as pre-screening mechanisms - and developing secure and more transparent payment systems; encourages collaborative platforms to learn from the best practices and to inform and raise awareness about their user´s legal obligations;
Amendment 226 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Welcomes all initiatives aimed at enhancing trust and transparency of rating mechanisms and setting-up reliable reputation criteria in collaborative economy business models; considers two- way rating mechanisms and voluntary adoption of certification schemes as good examples to avoid abuses, manipulations and fake feedback;
Amendment 293 #
2017/2003(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 298 #
2017/2003(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. At the same time, notes that the collaborative economy is opening new opportunities and new, flexible routes into work for all users - including prosumers - thriving innovation and entrepreneurship in Europe;
Amendment 317 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 323 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 327 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 d (new)
Paragraph 33 d (new)
33 d. Underlines the importance to ensure the portability of ratings and reviews for collaborative platforms workers and to guarantee the transferability and accumulation of ratings and reviews across different platforms while respecting rules on data protection and the privacy of other parties involved;
Amendment 328 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 e (new)
Paragraph 33 e (new)
33 e. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages the Commission, Member States and collaborative economy businesses to enable life-long learning training and skills development;
Amendment 333 #
2017/2003(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Is convinced that one of the most interesting examples is the civic crowd- funding that combines public-private partnership with innovative forms of participatory democracy;
Amendment 343 #
2017/2003(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices, shifting the focus from smart cities to sharing cities, based on collaboration and common pooling practices; is also convinced that the collaborative economy can be a solution to tackle specific problems and offer significant opportunities to inner peripheries and rural areas, tooand can convey new forms of development through local production processes which are globally connected in the framework of an inclusive innovation; believes that this can generate new forms of competition between territories based on the availability of local collective competition goods (such as infrastructures, educational structures, business services);
Amendment 349 #
2017/2003(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 362 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Encourages the Commission to support initiatives and actions to favour more research and fact-finding on the development and the impact of the collaborative economy in Europe; in particular, welcomes the recently adopted pilot project on the collaborative economy, aimed at helping European SMEs and social enterprises with high- growth potential to use and benefit from all the possibilities and potential provided by the collaborative economy business model;
Amendment 364 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39 b. Calls the Commission to facilitate and promote the access to appropriate funding lines for European entrepreneurs who operate in the collaborative economy sector, also in the framework of the EU Research and Innovation programme - Horizon 2020;
Amendment 46 #
2017/2002(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines the fact that early entrepreneurial education is a key element to accelerate economic growth, therefore supports the inclusion of entrepreneurial education in high school and university curriculums, regardless the profile.
Amendment 47 #
2017/2002(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Considers that, in order to have a positive result on professional skills, the communication between social partners, local, regional or national public authorities in the area on education with the scope of correlation between offer and demand on professional skills according to jobs' structure is of vital importance.
Amendment 18 #
2017/0220(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and supporters, in order to achieve the full potential of theencourage as many citizens as possible to get involved in organising, participating or supporting a European citizens’' initiative and to achieve the full potential of this instrument as a tool to foster debate and citizens’ participation at Union level, promote European integration and to bring the Union closer to its citizens.
Amendment 25 #
2017/0220(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve those objectives, the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly including for persons with disabilities and proportionate to the nature of this instrument. They should strike a judicious balance between rights and obligations and ensure that successful initiatives receive an appropriate follow up from the Commission.
Amendment 33 #
2017/0220(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure that an initiative is representative of a Union interest while ensuring that the instrument remains easy to use the minimum number of Member States from which citizens must come should be set at one quarter of Member States and the minimum number of signatories coming from each of those Member States should be degressively proportional and correspond to the number of Members of the European Parliament elected in each Member State, multiplied by 750.
Amendment 35 #
2017/0220(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 40 #
2017/0220(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to make the European citizens’' initiative more accessible and to provide support to citizens and organisers, the Commission should provide information and assistance free of charge to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the European citizens’' initiative. To ensure proximity to citizens, Member Stat, that will serve also as a platform for the exchange of ideas and best practices and to enable citizens to discuss proposed citizens' initiatives and to formulate new ones. To ensure proximity to citizens, Member States building upon the Europe Direct Information Centres should establish one or more contact pointECI help desks in their respective territories to provide citizens with information and assistance regarding the European citizens’ initiative on technical issues related to the ECI, including how to promote the ECI at national and local level. An annual ECI conference at EU level should be organised on the ECI day with the aim of further strengthening dialogue and exchange of best practices between organisers, civil society and social partners and EU institutions and to assess the state of implementation and effectiveness of the ECI.
Amendment 48 #
2017/0220(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the Treaties and this Regulation, initiatives that comply with the conditions laid down in this Regulation should be registered by the Commission before collecting statements of support from citizens. All registered initiatives should be made publicly available, prior to collecting the necessary statements of support from citizens, on the Commission website specially designated to ECI initiatives. The Commission should deal with registration in accordance with the general principles of good administration.
Amendment 52 #
2017/0220(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to make the European citizens’ 'initiative more accessible, and taking into account that the procedures and conditions required for the European citizens’ initiative should be clear, simple, user-friendly and proportionate, it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this Regulation. Initiatives should be partially registered where a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’'s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties and all the other registration requirements are met. Clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative. In the case of partial registration the Commission should advise organisers about the legal basis of their proposal and propose possible solutions to avoid further inadmissibility.
Amendment 57 #
2017/0220(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Statements of support for an initiative should be collected within a specific time limit. In order to ensure that an initiative remains relevant, whilst taking into account the complexity of collecting statements of support across the Union, that time limit should not be longer than 12 months from the date of the start of the collection period determined by the group of organisers. If organisers decide not to use the central system for the online collection of statements of support provided by the Commission, the period shall start only after Member States verify the conformity of an alternative online collection systems within the requirements of this regulation.
Amendment 60 #
2017/0220(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to make the European citizens’ initiative more accessible, less burdensome and easier to use for organisers and citizens, the Commission should set-up and operate a central system for the online collection of statements of support incorporating the relevant technical and security measures necessary to comply with the provisions of this regulation. That system should be voluntary and made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features ensuring that citizens' with disabilities can provide support to the initiatives. That system should be set-up and maintained in accordance with Commission Decision (EU, Euratom) 2017/4626 . _________________ 26 Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission (OJ L 6, 11.1.2017, p. 40–51).
Amendment 63 #
2017/0220(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate for Member States to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this Regulation and issue a document certifying such conformity before organisers initiate the 12 month period for collecting statements of support are collected. The certification of the individual online collection systems should be carried out by the competent national authority of the Member States in which the data collected through the individual online collection system is stored. Without prejudice to the powers of the national supervisory authorities under the General Data Protection Regulation, Member States should designate the competent national authority responsible for the certification of the systems. Member States should mutually recognise the certificates issued by their competent authorities.
Amendment 71 #
2017/0220(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to promote participation and public debate on the issues raised by the initiatives, where an initiative supported by the required number of signatories and fulfilling the other requirements of this Regulation is submitted to the Commission, the group of organisers should have the right to present that initiative at a public hearing at Union level. The public hearing should be co- organised by the Commission and the European Parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests, representation of civil society and social partners, as well as the representation at an appropriate level of the Commission and the Council. Other institutions and advisory bodies of the Union as well as interested stakeholders should have the opportunity to participate in the hearing. Within one month of the public hearing, the European Parliament should hold a plenary debate on the initiative, which may be followed by a vote on a motion for resolution proposing specific recommendations to the Commission.
Amendment 79 #
2017/0220(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure the effective participation of citizens in the democratic life of the Union, the Commission should examine a valid initiative and respond to itafter the public hearing and plenary debate in the European parliament and after proper dialogue with the ECI organisers, should examine a valid initiative and respond to it in due time taking into account that successful initiatives should have an appropriate follow up. The Commission should therefore set out its legal and political conclusions as well as the legislative or non-legislative actions it intends to take within a period of five months from the receipt of the initiative. The Commission should explain in a clear, comprehensible and detailed manner the reasons for its intended action, and should likewise give its detailed and clear reasons if it does not intend to take any action, be it partial or complete refusal.
Amendment 84 #
2017/0220(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The support and funding for initiatives should be transparent. Therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the Commission. Entities, notably organisations which under the Treaties contribute to forming European political awareness and expressing the will of citizens of the Union, should be able to promote and provide support and funding to initiatives, provided that they do so in accordance with the procedures and conditions laid down by this Regulation and with full transparency. The Commission should perform quality and random checks on the financial and funding sources provided by the ECI organisers. Citizens should also be able to trigger an alert in case of suspicions of wrongdoings. The sources of support and funding should also be publicly available and regularly updated together with the rest of the information on the ECI initiative published online.
Amendment 89 #
2017/0220(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 90 #
2017/0220(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) Where the measures provided for in this Regulation entail the processing of personal data by the Commission or by organisers, that processing should be carried out in accordance with Union law on the protection of personal data, in particular Regulation (EC) No 45/2001 of the European Parliament and of the Council[1], Regulation (EU)2016/679 of the European Parliament and of the Council[2] and Directive (EU) 2016/680 of the European Parliament and of the Council[3] . 1. Regulation (EC) No 45/2001 of theEuropean Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8,12.1.2001, p. 1). 2. Regulation (EU) 2016/679 of theEuropean Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General DataProtection Regulation) (OJ L 119, 4.5.2016, p. 1). 3. Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 91 #
2017/0220(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to contribute to the promotion of active participation of citizens in the political life of the Union, the Commission and the organisers should be able to collect, in accordance with data protection rules, email addresses of signatories for the purpose of communication activities regarding an initiative, in particular for the purpose of providing information on the follow-up actions in response to an initiative. The collection of email addresses should be optional and subject to the explicit consent of signatories. Email addresses should not be collected as part of the statements of support forms and potential signatories should be informed that their right to support an initiative is not conditional on giving their consent to collecting their email addresses. Signatories should be able to withdraw their explicit consent for the collection of their email addresses at any time before and after the European citizens' initiative has been closed in which case the Commission and the ECI organisers should immediately delete the email address from their database and stop communication with the signatories.
Amendment 93 #
2017/0220(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) In order to contribute to the promotion of active and equal participation of all citizens in the political life of the Union, the Commission and the organisers should ensure that their webpages and mobile applications are accessible for people with disabilities. While Directive (EU) 2016/2102 does not apply to websites and mobile applications of Union institutions, bodies, offices and agencies, for the purpose of the central online collection system, online register, or online collaborative platform and any webpages in relation to the European Citizens' Initiative that the Commission and organisers are responsible for should be accessible in a manner equivalent to the requirements of Directive (EU) 2016/2102. In particular, the Commission is encouraged to comply with the relevant European harmonised standards, providing compliance with the requirements perceivability, understandability, operability and robustness. The Commission should ensure compliance with the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), especially Articles 9 and 21, in order to foster access to information for persons with intellectual disabilities, alternatives in easy-to-read language should be provided to the greatest possible extent and proportionately.
Amendment 106 #
2017/0220(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of paragraph 1 a signatory shall be counted in its Member State of nationality irrespective of the place where the statement of support was signed by the signatory.
Amendment 108 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall, upon request, provide information and assistanc provide easily accessible exhaustive information and legal and technical assistance and guidance free of charge about the European citizens’ 'initiative to citizens and groups of organisers to allow them to clarify and define the objective and facilitate the registration of their ECI.
Amendment 110 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Commission shall also provide guidance to the Europe Direct Contact Centre so that they can also provide information and legal, technical assistance, guidance and advice to ECI organisers at national level.
Amendment 111 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The Commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the European citizens’ initiative. The Commission shall engage regularly with the ECI organisers through the collaborative platform.
Amendment 115 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall make available an online register ('the register') allowing groups of organisers to manage their initiative throughout the procedure. The register shall comprise a public website providing information on the European citizens’ initiative in general including on the ECI financing and funding sources as well as on specific initiatives and their respective status.
Amendment 119 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. After the Commission has registered an initiative in accordance with Article 6, it shall provide the translation of the content of that initiative into all the official languages of the Union for its publication in the register and its use for the collection of statements of support in accordance with this Regulation. A group of organisers may, in addition, providerequest the Commission to translationse into all the official languages of the Union of the Annex for its publication in the register and also, as the case may be, of the draft legal act referred to in Annex II and submitted in accordance with Article 6(2).
Amendment 123 #
2017/0220(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Each Member State shall establish one or more contact points to provide information and assistancewithin their respective Europe Direct Contact Centre to provide information and assistance, as well as specific technical and legal guidelines to groups of organisers in setting up a European citizens’ initiative.
Amendment 138 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Statements of support for an initiative may only be collected after the initiative has been registered by the Commission and where relevant after Member States have verified the conformity of the individual online collection systems set up by the group of organisers within the requirements of this Regulation.
Amendment 147 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point e
Article 6 – paragraph 3 – subparagraph 1 – point e
(e) the initiative is not manifestly contrary to the values of the Union as set out in Article 2 of the Treaty on European Union and rights enshrined in the European Charter of Fundamental Rights.
Amendment 155 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 3 – point b
Article 6 – paragraph 4 – subparagraph 3 – point b
(b) partially register the initiative if a substantial part of the initiative, including its main objectives, does not manifestly fall outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties;
Amendment 157 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1
Article 6 – paragraph 5 – subparagraph 1
Any initiative that has been submitted to the Commission for registration, including every initiative that has been registered, shall be made public in the register and on the website of the European Citizens' Initiative.
Amendment 159 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall register an initiative under a single registration decision and a single registration number and inform the group of organisers thereof.
Amendment 160 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Where it refuses to register or only partially registers an initiative in accordance with paragraph 4, the Commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them. The Commission shall provide robust, consistent and comprehensive reasons for its decision to refuse to register an ECI, so that citizens can understand and scrutinise its position and if necessary exercise their right to contest it. The Commission shall make public in the register and on the website of the European Citizens' Initiative the decision , reasoning and motivation of the Commission to register, partially register or refuse to register an initiative.
Amendment 167 #
2017/0220(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. Where organisers are informed of a refusal to register, fully or in part, they can amend their initiative and resubmit to the Commission within one month. Decisions made by organisers regarding the registration of their ECI shall also be made available in the register and on the website of the European Citizens' Initiative.
Amendment 171 #
2017/0220(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
All statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers (the 'collection period'), without prejudice to Article 11(6). That date must be not later than threefour months from the registration of the initiative in accordance with Article 6.
Amendment 176 #
2017/0220(COD)
Proposal for a regulation
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
The group of organisers shall inform the Commission of the number of collected statements of support in each Member State at least every twohree months during the collection period and of the final number within three months of the end of the collection period for publication in the register. The Commission should maintain regular communication with the ECI organisers during and after the campaign.
Amendment 177 #
2017/0220(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
For the purpose of online collection of statements of support, the Commission shall set-up and operate, by 1 January 2020, a central online collection system, in accordance with Commission Decision (EU, Euratom) 2017/46 of 10 January 2017. The use of this system shall be voluntary and free of charge to all organisers.
Amendment 181 #
2017/0220(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 187 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
Within three months after the submission of the initiative, the group of organisers shall be given the opportunity to present the initiative at a public hearing in the European Parliament in order to promote constructive and open public debate with all stakeholders, thus strengthening the European public sphere and democracy at EU level and reinforcing the importance of the initiative.
Amendment 190 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
The Commission and the European Parliament shall co-organizse the public hearing at the European Parliament. Representatives of the other institutions and advisory bodies of the Union, as well as interested stakeholders and representatives of civil society and social partners, shall be given the opportunity to participate in the hearing. Within one month of the public hearing, the European Parliament should hold a plenary debate on the initiative, which may be followed by a vote on a motion for resolution proposing a specific recommendation to the Commission.
Amendment 200 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 3
Article 14 – paragraph 2 – subparagraph 3
The Commission and the European Parliament shall ensure a balanced representation of relevant public and private interests, as well as the representation of institutions and advisory bodies of the Union.
Amendment 203 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission and Council shall be represented in the hearing at an appropriate level.
Amendment 207 #
2017/0220(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The European Parliament may also develop appropriate forms of response to those citizens' initiatives, which have been successfully registered but do not meet the one million signatures, but nevertheless receive significant citizens' support.
Amendment 214 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Within five months after the publication of the initiative in accordance with Article 14(1), and after the public hearing referred to in Article 14(2), the Commission shall set out in a communication its legal and political conclusions on the initiative, the action it intends to take, if any, and its reasons for taking or not taking action. The Commission should give detailed and clear reasons and full justification for a decision not to take any action explaining its political conclusions to the public in a detailed and transparent manner.
Amendment 222 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission should keep the organisers updated on its activities in relation to the initiative and on the evolution of the initiative after the Commission has delivered on its decision.
Amendment 228 #
2017/0220(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
The Commission should ensure full transparency of funding and sponsorship information through quality checks, alerts and complaints system to ensure that funding and sponsorship information provided by ECI organisers are correct.
Amendment 230 #
2017/0220(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission and member States shall raise public awareness about the existence of the European citizens’ initiative through communication activities and information ad hoc campaigns, grass- root initiatives and the use of social and digital media thereby contributing to promoting the active participation of citizens in the political life of the Union and promoting awareness of how citizens can influence and shape the European Union through a European citizens 'initiative.
Amendment 232 #
2017/0220(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
For the purposes of communication and information activities regarding the initiative concerned and subject to explicit consent by a signatory, his or her email address may be collected by a group of organisers or by the Commission.
Amendment 153 #
2017/0102(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The solidarity activities offered to young people should be of high quality, in the sense that they shouldhelp respond to unmet societal needs, and contribute to strengthening communities, offer young peopleand should therefore be of high quality and effectively accessible to young people, offering them the opportunity to acquire valuable knowledge and competences, be financially accessible to young people and to have their efforts recognised, and be implemented in safe and healthy conditions. Particular efforts should be made to ensure the effective inclusiveness and accessibility of the solidarity activities offered, notably in relation to disadvantaged young people.
Amendment 177 #
2017/0102(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Voluntary activities constitute a rich experience in a non-formal and informal learning context which enhances young people's personal, socio-educational and professional development, active citizenship and employability. Voluntary activities should not have an adverse effect on potential or existing paid employment, nor should they be seen as a substitute for itHowever, given the cross-sectorial nature of solidarity-related activities, the different status of entities and organisations potentially involved into these activities, as well as the socio-economic significance of the solidarity sector in the Union, provisions should be taken in this Regulation to ensure that voluntary activities do not have an adverse effect on potential or existing paid employment, nor should they be seen or effectively deployed as a substitute for it. For this reason, solidarity placements in the form of volunteering under this Regulation should be offered exclusively by public authorities or by participating organisations in the non-profit sector. In order to ensure continuity with respect to the volunteering activities that are supported at Union level, the volunteering activities under the European Voluntary Service that fall within the geographical scope of the European Solidarity Corps should be supported by the latter in the form of cross-border volunteering placements. The other volunteering activities under the European Voluntary Service that do not fall under the geographical scope of the European Solidarity Corps should continue to be supported under the Programme established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council establishing 'Erasmus+': the Union programme for education, training, youth and sport20 . With respect to the interpretation of related legislation at Union level, both the cross-border volunteering placements under the European Solidarity Corps and the volunteering activities that continue to be supported under Regulation (EU) No 1288/2013 should be considered equivalent to those carried out under the European Voluntary Service. __________________ 20 Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing 'Erasmus+': the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC, OJ L 347, 20.12.2013, p. 50.
Amendment 190 #
2017/0102(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Young people’s spirit of initiative is an important asset for society and for the labour market. The European Solidarity Corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities. Those projects should be an opportunity to try out ideadevelop innovative solutions and support young people to be themselves drivers of solidarity actions. They could also serve as a springboard for further engagement in solidarity activities and could be a first step towards encouraging European Solidarity Corps participants to engage in self- employmentocial entrepreneurship or setting up associations, NGOs or other bodies active in the solidarity, non-profit and youth sectors.
Amendment 219 #
2017/0102(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A quality label respectively for the volunteering and for traineeships and jobs should be put in place to ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps Charter, as regards their rights and responsibilities during all stages of the solidarity experience. Obtaining a quality label should be a precondition for participation but should not automatically lead to funding under the European Solidarity Corps.
Amendment 357 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) “volunteering” means a full-time32n unpaid voluntary service within a public authority or a participating organisation in the non- profit sector, either full-time32, part-time or during free time for a period of up to twelve months, which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity-related fields, to the ultimate benefit of the communities within which the activities are carried out, including a solid learning and training dimension in order to enable the young volunteer(s) to gain skills and competences, which will be useful for their personal, educational, social and professional development, and which will also contribute to improving their employability; __________________ 32 As a general principle, an activity carried out continuously, 5 days a week for 7 hours a day.
Amendment 409 #
2017/0102(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The objective of the European Solidarity Corps is to enhance the engagement of young people and organisations in accessible and high quality solidarity activities as a means to contribute to the strengthening of cohesion and solidarity in Europe, to supporting communities and responding to societal challenges by enhancing the engagement of young people and organisations in accessible and high quality solidarity activities.
Amendment 445 #
2017/0102(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) solidarity placements, in the form of (i) volunteering; (ii) traineeships or jobs; (iii) projects and networking activities;
Amendment 151 #
2017/0086(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In some instances, the user might be required to submit evidence to prove facts that cannot be established by online means, such as medical certificates and proof of the roadworthiness of motor vehicles. As long as the evidence to prove such facts can be submitted in electronic format, this should not constitute an exception to the principle that a procedure should be offered fully online. In other instances, given the current state of technical development, it may still be necessary for users of an online procedure to appear in person before a competent authority as part of the online procedure, in particularsuch as in the case of requesting or renewing passports or identity cards containing biometric data. Any such exception should be limited to what is proportionate, non-discriminatory, strictly necessary and objectively justified by an overriding reason of public interest relevant to the particular procedure and limited to situations where no digital technology exists to achieve the purpose of completing the procedure online. An overriding reason of public interest should be considered strictly necessary and objectively justified for the Member States if it serves the implementation of national measures, for instance in the interest of public policy, public security, public health and combatting fraud. In those exceptional circumstances, Member States should limit the physical presence of the user to what is strictly necessary, objectively justified and proportionate. Any such exceptions should be notified to the Commission and should be discussed and reviewed regularly in the gateway coordination group together with good national practices and technical developments that would facilitate the further digitalisation of procedures.
Amendment 260 #
2017/0086(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The competent authoritiMember States shall ensure that where the procedures referred to in paragraph -1 of this Article 5(1) are offered online, at least the following requirements are met:
Amendment 274 #
2017/0086(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) it shall ensure a fully functioning, safe and secure technical system for the exchange of evidence;
Amendment 27 #
2017/0063(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Putting in place minimum guarantees to ensure that NCAs apply Articles 101 and 102 TFEU in the same way and effectively is without prejudice to the ability of Member States to maintain or introduce more extensive guarantees of independence and resources for NCAs and more detailed rules on the enforcement and fining powers of these authorities. In particular, Member States may endow NCAs with additional powers beyond the core set provided for in this Directive to further enhance their effectiveness.
Amendment 29 #
2017/0063(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The exercise of the powers conferred on NCAs should be subject to appropriate safeguards which at least meet the standards of general principles of EU law and the Charter of Fundamental Rights of the European Union. These safeguards include the right to good administration and the respect of undertakings̕ rights of defence, an essential component of which is the right to be heard. In particular, NCAs should inform the parties under investigation of the preliminary objections raised against them under Article 101 or Article 102 TFEU prior to taking a decision which adversely affects their interests and those parties should have an opportunity to effectively make their views known on these objections before such a decision is taken. Parties to whom preliminary objections about an alleged infringement of Article 101 or Article 102 TFEU have been notified should have the right to access the relevant case file of NCAs to be able to effectively exercise their rights of defence This is subject to the legitimate interest of undertakings in the protection of their business secrets and does not extend to confidential information and internal documents of, and correspondence between, the NCAs and the Commission. Moreover, the addressees of final decisions of NCAs applying Article 101 or Article 102 TFEU should have the right to an effective remedy before a tribunal, in accordance with Article 47 of the Charter of Fundamental Rights of the European Union. Such final decisions of NCAs should be reasoned so as to allow addressees of such decisions to ascertain the reasons for the decision and to exercise their right to an effective remedy. The design of these safeguards should strike a balance between respecting the fundamental rights of undertakings and the duty to ensure that Articles 101 and 102 TFEU are effectively enforced. In addition, effective protection is needed especially on protecting individuals who report or disclose information about violations of EU competition law.
Amendment 32 #
2017/0063(COD)
Proposal for a directive
Recital 18
Recital 18
(18) NCAs should have adequate laws and enforcement tools such as the necessary resources, in terms in terms of staff, expertise, financial means for effective enforcement of competition policy, including to carry out specific activities and permanent training for staff and technical equipment, to ensure they can effectively and independently perform their tasks when applying Articles 101 and 102 TFEU. In case their duties and powers under national law are extended, the resources that are necessary to perform those tasks should still be sufficient.
Amendment 43 #
2017/0063(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ̔secret ‘cartel̕’ means an agreement and/or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market and/or influencing the relevant parameters of competition through practices such as the fixing, but not limited to, the fixing or coordination of purchase or selling prices or other trading conditions, including in relation to intellectual property rights, the allocation of production or sales quotas, the sharing of markets and customers, including bid- rigging, restrictions of imports or exports and/or anti- competitive actions against other competitors, which is not, partially or fully, known except to the participants;
Amendment 44 #
2017/0063(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
The exercise of the powers referred to in this Directive by national competition authorities shall be subject to appropriate safeguards, including respect of undertakings̕ rights of defence, right to good administration, right to a fair trial and the right to an effective remedy before a tribunal, in accordance with general principles of Union law and the Charter of Fundamental Rights of the European Union.
Amendment 47 #
2017/0063(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the human, financial and technical resources that are necessary for the effective and independent performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2.
Amendment 49 #
2017/0063(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Decisions of NCAs to sanction an undertaking are applicable throughout the whole Union territory, irrespective of the jurisdiction of the Member State in which they operate.
Amendment 56 #
2017/0063(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that applicants that have applied for leniency, either by applying for a market or by submitting a full application, to the Commission or to a better placed NCA in relation to an alleged secret cartel can file summary applications in relation to the same cartel with the national competition authorities which the applicant considers well placed to deal with the case.
Amendment 59 #
2017/0063(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Information collected on the basis of the provisions referred to in this Directive should only be used for the purpose for which it was acquired. It should not be used in evidence for the imposition of sanctions on natural persons. Where the criminal liability of the individual is concerned, the competition authorities may transmit data from the case file to the court or to the prosecutor's office.
Amendment 126 #
2016/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its concern about the continued fragmentation into four different legal systems; stresses the need to strengthen judicial independence, including from political pressure, and to fight corruption in the judiciary; urges the rapid adoption of the action plan for the implementation of the 2014-2018 justice sector reform; calls for full implementation of the laws on protection of children and effective access to justice for children; welcomes the adoption of the law on free legal aid at state level and the introduction by the High Judicial and Prosecutorial Council of guidelines on prevention of conflict of interest, the drafting of integrity plans and disciplinary measures; notes the important role of the Structured Dialogue on Justice in addressing the shortcomings in the BiH judiciary;
Amendment 160 #
2016/2313(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for efforts to further develop the regulatory framework on migration and asylum, enhance coordination among key institutions, build the capacity of professionals to provide on-spot support services to migrants and refugees, including child-friendly services;
Amendment 174 #
2016/2313(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for boosting efforts to combat radicalisation and further measures to identify, prevent and disrupt the flow of foreign fighters, including by close cooperation with relevant services of the Member States and countries in the region; calls for the introduction of programmes on de-radicalisation and preventing youth radicalisationto build social cohesion amongst children and youth, and provide constructive opportunities for youth engagement in their communities;
Amendment 196 #
2016/2313(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens – including youth - in the EU accession process; notes that civil society is fragmented, institutionally and financially weak; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation;
Amendment 202 #
2016/2313(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a substantial improvement in the strategic, legal, institutional and policy frameworks on the observance of human rights; calls for the adoption of a countrywide strategy on human rights and non-discrimination; is concerned about continued discrimination against personchildren and adults with disabilities in the fields of employment, education and access to health care; calls for developing a comprehensive and integrated approach to the social inclusion of Roma; calls for better targeting of social assistance in order to reach the most vulnerable population; welcomes the fact that some governments and parliaments have begun discussing LGBTI rights and drawing up specific measures for their protection; welcomes changes to the BiH anti-discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identity;
Amendment 213 #
2016/2313(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls for efforts to further strengthen the child protection systems in order to prevent and address violence, abuse, neglect and exploitation against children; recommends increased allocation of resources for prevention and further enhancing community- government coordination in protecting children; calls for the implementation of the BiH Action Plan on Children 2015- 18; calls on BiH authorities at federal level and in the the Republika Srpska to facilitate the work of the Human Rights Ombudsman and to ensure better cooperation amongst all child rights monitoring bodies across the country;
Amendment 219 #
2016/2313(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for efforts to promote gender equality and increase the participation of women in political life and employment, to improve their socio- economic situation and to strengthen women’s rights on the wholeand girls' rights; underlines the importance of enhancing completion rate of primary and secondary schools by girls, particularly Roma girls; calls on the BiH authorities to combat early and forced marriages for girls below the age of 18;
Amendment 250 #
2016/2313(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Remains concerned by the continued fragmentation, segregation, inefficiency and complexity of the education system; calls for countrywide common core curricula and better coordination between the different levels of education governance; continues to be concerned about the persistently high school-drop-out rates of Roma pupils; regrets that only 13% of children and 2% of Roma children have access to pre- school education, and only 40% of Roma children complete primary education; regrets the slow progress in addressing and resolving the issue of ‘two schools under one roof’, mono-ethnic schools, and other forms of segregation and discrimination in schools;
Amendment 4 #
2016/2305(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises thatStresses that this initiative is part of the 3 strategic objectives of connectivity that the European Commission has set to be reached by 2025, and that creating the appropriate ecosystem to develop a strong European gigabit society andwith the timely deployment of 5G technologies is the most inclusive path towards the realisation of the digital single market, since high-speed broadband can promote universal growth, particularly in rural areas, by providing them with the tools to participate in the age of the Internet of Things (IoT) at the same pace as urb-which will provide millions of sensors, devices and areas, while they enjoy the competitive advantage of lower housing, food and education costsll types of devices with the possibility of connecting to the Internet, overcoming the current barriers of transmission and energy -at the same pace as urban areas, Achieving first-class internet connectivity;
Amendment 7 #
2016/2305(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasizes that in order for this technology to have a positive impact on our economy, there is a fourth objective that should be added to the connectivity objectives set by the Commission: to close the digital divide and prevent new ones; To this end, calls on the Commission to create a sufficiently funded supplementary scheme to avoid widening existing digital divide between rural and urban areas, between large and small enterprises and, between people from different socioeconomic levels, and between generations;
Amendment 11 #
2016/2305(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that in addition to enabling the development of the IoT, there are many other potential benefits of the deployment of 5G technology thanks to its speed and low latency, such as: the development of eHealth ; Autonomous cars; Improvements in videoconferencing that can benefit not only consumers but also SMEs; And a high web speed;
Amendment 16 #
2016/2305(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that only 28% of European households in rural areas had a fixed fast internet connection in 2015 and that the average coverage in the EU of 4G, despite being 86% in all of EU is only 36% in rural areas;
Amendment 17 #
2016/2305(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that the European Commission points out that achieving our connectivity objectives requires an investment of EUR 500 000 billion , of which there is likely to be an investment shortfall of EUR 155 billion; Stresses that the deployment of the necessary infrastructure is a prerequisite for the development of this technology, and thus calls for more funding for the deployment of such technology, and for effort to be made for an ambitious and coherent 5G financing strategy, by fully utilizing the potential and synergies of existing funds to encourage private investment and by promoting public-private partnerships such as PPP 5G; specific risk capital for the 5G, and consortia;
Amendment 19 #
2016/2305(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the utmost importance of responding effectively in the early stages of 5G in order to place the EU ahead of the game, since the benefits of being the world leader in setting the stage for this technology are potentially very high, and for this to happen policies and rules need to be future-oriented, pro-investment and pro- innovation, with a market-based and light- touch approach that fosters competition, coupled with wise tax policies, acknowledging that investment is necessary to create competition that will in turn induce innovation, new services and ultimately more investment that benefits the consumer; calls in this regard on operators to invest more in infrastructure to improve connectivity in rural areas and extend 5G coverage;
Amendment 25 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the coverage and availability of this technology can be complemented by the initiative proposed by the Commission to give interested local authorities the possibility of offering free Wi-Fi connections to all its citizens both in and around public buildings, health centres, parks and public squares, within the framework of the WiFi4EU program;
Amendment 46 #
2016/2305(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that establishing open, interoperable and widely accepted industry standards for 5G networks and 5G-enabled IoT devices is critical in order to ensure a rapid IoT adoption, and that private sector leadership is necesscalls on manufacturers, operators, regulators the scientific community, and all relevant stakeholders to agree on the standaryd for the adoption of these standards5G networks that details how the networks of the future will be;
Amendment 53 #
2016/2305(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is aware that 4G networks are too low in capacity in the wake of the wave of connectivity that will flood millions of devices in the next few years (such as machines, robots, drones, cars, weareables, appliances and sensors) and is also concerned that in the absence of modern digital networks and infrastructure providing high-quality and speedy connectivity, the EU is in danger of lagging behind other regions in terms of attracting investments and retaining knowledge, resulting in the loss of a competitive advantage;
Amendment 62 #
2016/2305(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reaffirms its belief in the urgent need for standardisation to prevent fragmentation in 5G technologies so as not to hamper interoperability, and recalls that in order to take the lead in drafting global standards international cooperation is of paramount importance, and; underlines that Europe should maintain its key role in the international system, and that European standards, developed with active involvement of all stakeholders, should be promoted at the international level; ; also reaffirms the need to ensure the availability of the initial global 5G standards by the end of 2019 thereby enabling a timely commercial launch of 5G;
Amendment 78 #
2016/2305(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the need to strongly engage with all stakeholders, from the EU institutions to the Member States and European regions, from the private sector to civil society, in order to develop a common and shared vision underpinned by the idea that digital technologies and communications have the potential to create a better life for all;
Amendment 82 #
2016/2305(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Reaffirms its belief that a stronger and dynamic internal market may only be achieved through solid and sustainable growth and increased employment, and the completion of a thriving digital single market is the fastest way to achieve growth and new, quality jobs.
Amendment 8 #
2016/2276(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digitalisation and new technologies have changed forms of communication and the behaviour of consumers and companies; whereas a new economic paradigm appears, the digital era or the fourth industrial revolution that is based on the digitisation of all facets of the economy and society;
Amendment 13 #
2016/2276(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models, and not only new, but also business models that are alternative to the traditional ones of the companies taking advantage of the new technologies, through internet platforms, Information and Communication Technology applications that allow our communities to rent, to share, to exchange, or to sell access to products or services;
Amendment 20 #
2016/2276(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Europe, compared to the world scale, has made progress in labour and social standards and in social protection systems, and whereas the EU must, in the digital economy, continue to develop the European social model, a fair distribution of wealth, quality employment and sustainable and inclusive growth in long-term employment;
Amendment 23 #
2016/2276(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas it is essential for companies to behave in a socially responsible manner, taking into account sustainability and the interests of society; whereas European labour markets are more often evolving towards 'atypical' or 'non-standard' forms of employment, such as occasional work, work on- demand, dependent self-employment or work intermediated by these digital platforms; and whereas we must ensure that workers who use the platforms have decent working conditions;
Amendment 28 #
2016/2276(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas new content providers are adjusting the supply and demand of goods and services, based on community sentiment, shared access, reputation and trust; whereas online platforms are shaking up highly regulated traditional business models, which has called into question the equal conditions of all market players, their responsibility, the quality of the service they offer and also safety and consumer protection;
Amendment 70 #
2016/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challengesrecognizes that existing legal gaps are facilitating unfair competition of the digital sector vis-a-vis the non-digital sectors, possible online social dumping and unclear fiscal rules; points out that overcoming these new political, social and regulatory challenges is fundamental for the digital economy in order to produce a general benefit to society as a whole;
Amendment 78 #
2016/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; stresses that the Union should support the development of the digital economy by clarifying the applicable legal provisions and shape its course in a socially just, balanced and sustainable manner;
Amendment 86 #
2016/2276(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to examine in how far existing Union regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need for the modernisation of existing legislation, including social security systems, to stay abreast of the technological development while ensuring the protection of workers;
Amendment 98 #
2016/2276(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need for a clear distinction between 'commercial' and 'non-commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 120 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to advance in the establishment of certain common criteria of online platforms for classification purposes on a European Union scale which differentiates at least between those that perform a physical job or a virtual service, between those that perform a simple intermediation and those that participate in a broader way in the market, and also between commercial and non-commercial platforms;
Amendment 128 #
2016/2276(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; notes that they also adjust the supply and demand of goods and services based on community sentiment, shared access, reputation and trust, and also incorporate comments or rating options widely;
Amendment 142 #
2016/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young peopledespite having to avoid the existence of new gaps that can be produced by unequal access to technology or a high quality of technology, especially between generations and between rural and urban areas;
Amendment 234 #
2016/2276(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful goods and content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 248 #
2016/2276(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal and inappropriate content, harmful and illegal goods and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal and harmful goods and illegal and inappropriate content and taking immediate action to remove illegal or inappropriate contentthem if such content or goods slips through preventive monitoring;
Amendment 257 #
2016/2276(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Requires platforms to provide users with tools to denounce fake news circulating online in their platforms as well as illegal or hate speech content in such a way that other users can be informed of the content whose veracity has been contested; also, calls for public rectification to be guaranteed by platforms in the case this possible fake content has been proved to be fake, with the same impact that the previous publication had; asks for efforts by online platforms so that fake news or illegal content is completely eliminated with appropriate systems allowing traceability;
Amendment 265 #
2016/2276(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating harmfulaccess to illegal and harmful goods and content;
Amendment 272 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on platforms whose business model is influenced by customer reviews to be obliged to establish mechanisms for verifying the accuracy of such reviews;
Amendment 277 #
2016/2276(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; considers that is why any regulation has to take into account the size of the platforms, their nature and classification, to ensure that these platforms compete with the same rules and on an equal footing as other companies in the markets in which they operate;
Amendment 293 #
2016/2276(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures, thereby increasing consumer choice;
Amendment 327 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; calls on the Commission to clarify in the framework of the GDPR implementation and define some minimum requirements with regard to data gathered in a workplace;
Amendment 346 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; recommends to the platforms that along with the terms and conditions a complementary reduced version should be included explaining at least the processing of data and legal and commercial guarantees;
Amendment 378 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that intellectual property is a legal right that must be protected against the challenges posed by the digital economy and stresses that the technical complications involved should not be an excuse to infringe the rights of authors and creators; calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6in particular, calls for a rapid procedure for the de-indexation of contents that infringe intellectual property and for a traceability mechanism allowing to detect the origin of the illegally uploaded content; _________________ 6 OJ L 195, 2.6.2004, p. 16. OJ L 195, 2.6.2004, p. 16.
Amendment 429 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Takes the view that metadata comparison services are particularly important in order to guarantee the comparability of offers to the consumer and to enable different companies to compete freely; calls, therefore, on the Commission to address possible anti- competitive practices that may be developing on these platforms and which infringe the rights of consumers and businesses;
Amendment 459 #
2016/2276(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Points out that investment in education and innovation are key for the EU to compete successfully on the global markets while maintaining high levels of employment under fair conditions; stresses that social consequences of market opening must not only be addressed but foreseen and absorbed in a way that workers have the skills and tools needed to adapt to new challenges; considers therefore essential to invest in education and life long learning;
Amendment 5 #
2016/2274(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas standards are voluntary technical specifications which if developed in an open, inclusive and transparent way can positively support a wide range of industrial, economic, social, and environmental policies affecting innovation, ageing population, integration of people with disabilities, the quality of life of citizens, the health and safety of consumers and workers, and development of ICT technologies;
Amendment 15 #
2016/2274(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas harmonised standards are European Standards adopted, upon a request made by the Commission to provide a presumption of conformity with the essential requirements of the Union legislation; whereas standards are voluntary specifications, which should not replace a democratic decision-making processes, consultation or social dialogue;
Amendment 16 #
2016/2274(INI)
Motion for a resolution
Recital E
Recital E
E. whereas two different standard development systems coexist in Europe – one based onstandards development as implemented by CEN and CENELEC on the basis of the national delegation principle and the another based on the direct involvement of stakeholders through membershippaid membership of stakeholders as developed by ETSI – and there is a need to evaluate both systems with a view to identifying existing challenges and good practices;
Amendment 29 #
2016/2274(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to guarantee a sustainable budget for the European Standardisation System in the revision of multiannual financial framework;
Amendment 44 #
2016/2274(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that Europe should uphold its key role in the international standardisation system and that when developing European standards both specificities of the regional context and the global relevance of the standard needs to be taken into account;
Amendment 55 #
2016/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Regulation 1025/2012 has improved the inclusiveness of the ESS, but regrets that there are still many practical barriers for SMEs, consumers, workers and environmental organisations to participate actively in the standardisation process, and calls on the Commission, ESOs and NSBs to address the challenges to further involvement;
Amendment 59 #
2016/2274(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Is of the opinion that, complementary to the existing best practices found among the standardisation communities, increasing public awareness of proposed standards, proper and early involvement of all relevant stakeholders and improvement in the quality of the standardisation requests may further increase transparency and accountability of the standardisation system;
Amendment 61 #
2016/2274(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that recent convergence of technologies and the digitalisation of society, businesses and public services blurs the traditional separation between general standardisation and ICT standardisation;
Amendment 77 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that with the increased use of the internet, online banking, social networking and e-health initiatives, people are having growing security and privacy concerns, and that ICT standards need to reflect the principles of the protection of individuals with regards to the processing of personal data and the free movement of such data;
Amendment 78 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on the Commission to include digital integration of manufacturing as ICT standardisation priority and encourages development of open standards for the communication protocol and the data formats for the digital integration of manufacturing equipment in order to ensure full interoperability between machines and devices;
Amendment 80 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recommends on the Commission and ESOs to prioritise standards for the improvement of interoperability in the IoT and 5G domains and of vertical domains, such as "Connected and automatic driving", "Smart cities", "Smart Living Environments", as these are an important areas for the advancement of the European competitiveness;
Amendment 81 #
2016/2274(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Supports the Alliance for Internet of Things Innovation (AIOTI) and the ICT Multi-Stakeholder platform; is aware of the growing number of platforms, groups, meetings and channels for ICT standards, which sometimes might create fragmentation and duplication of standards and stresses the need to better coordinate ICT standards and standardisation priorities among the different organisations;
Amendment 86 #
2016/2274(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Warns against the risks of proprietary solutions and agrees that ICT standardisation policy need to be based on open and accessible SEPs within fair, reasonable and non-discriminatory licensing terms to address the legitimate interests of both SEP holders and of potential licensees and to ensure that standardisation process presents a level playing field, where companies of all sizes, including SMEs, can collaborate in a mutually beneficial manner;
Amendment 94 #
2016/2274(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Is of the opinion that developers of standards should be entitled to reimbursement for their investment and contributions to the standard, which needs to be based on fair, proportionate and non-discriminatory terms, and transparent, reasonable, predictable and sustainable royalty rates, unless they decide to provide royalty free licensing or allow open source software implementation;
Amendment 97 #
2016/2274(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recognises the important role of the of the ESOs in ensuring that SEPs are provided within FRAND terms and calls for a clear commitment from the ESOs to improve the transparency and accuracy of the SEP declarations;
Amendment 101 #
2016/2274(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets that it was not consulted prior to the adoption of the package, and urges the European institutions to align the different initiatives into a single strategic, holistic work programme avoiding duplication of actions and policies; Stresses that the relevant committee of the European Parliament can play an important role in the public scrutiny of harmonised standard mandated by the Commission;
Amendment 106 #
2016/2274(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Encourages Member States to invest in national standardisation strategies which will also help and encourage public sector, standardisation bodies, societal stakeholders, SMEs and academia at national level to develop and implement individual standardisation action plans;
Amendment 108 #
2016/2274(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Joint Initiative on Standardisation (JIS), recommends that the European Parliament also be invited to participate and contribute to the JIS and underlines that the rules of such public- private partnerships need to be respected by all stakeholders; Calls on the Commission to take a leading role in the implementation of the key actions and recommendations in the JIS and to report back to the European Parliament by the end of 2017 on the progress that has been achieved;
Amendment 113 #
2016/2274(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Supports actions aimed at improving the synergy between standardisation and research communities and in promoting standards at an early stage of the research projects; Encourages national standardisation bodies to promote standardisation to researchers and the innovation community, including relevant government organizations and funding agencies and recommends that a specific standardisation chapter is developed under Horizon 2020 programme;
Amendment 122 #
2016/2274(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Stresses that demographic ageing in Europe requires systematic incorporation of the needs of older persons and persons with disabilities, and other vulnerable members of society, in the development of standards, which are a suitable tool to help achieve active and healthy society in Europe and to increase the accessibility of products and services for people;
Amendment 125 #
2016/2274(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Points out that standard-setting processes and standardisation agreements need to comply with competition law principles and with the World Trade Organization (WTO) criteria and promotes the inclusion of additional principles such as inclusiveness, quality, neutrality and accountability;
Amendment 129 #
2016/2274(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Reiterates the important role of the "New Approach Consultants" and commends their methodology of verifying whether the harmonized standard meets the objective criteria and legal requirements of the legislation to be done in a sustainable manner bound by impartiality and independence
Amendment 130 #
2016/2274(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Recommends better involvement of Commission's experts and the "New Approach Consultants" at the initial stage of the standardisation process including in technical committees or working groups; Calls on the Commission to develop an evaluation standardisation guidelines to help different departments within the Commission, ESOs and "New Approach Consultants" evaluate standards in a coherent manner;
Amendment 132 #
2016/2274(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Encourages the use of new information and communication technologies to improve accessibility and transparency of standardisation processes, such as the CEN-CENELEC eLearning tool for SME's; Advocates that the use of digital tools can facilitate stakeholders participation in the development of standards and provide information about upcoming, on-going and finalised standardisation work;
Amendment 140 #
2016/2274(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends that Annex III organisations be given specific member status, and that a separate category be created for partnerships of societal stakeholders’ organisations, with specific rights and obligations, such as a reinforced right of appeal, consultative powers, a right of an opinion before adopting the standard, and access to mirrortechnical committees and working groups, especially for standards supporting EU legislation;
Amendment 142 #
2016/2274(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission and the ESOs to ensure that that ISO-CEN Vienna and IEC CENELEC Frankfurt Agreements and other measures to speed up standards will not prevent or jeopardise the participation in the standardisation process of Annex III Organisations or NSBs with limited capacities;
Amendment 145 #
2016/2274(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Invites the Commission to adopt an easy to use single point of access to standards that can provide assistance andcontact to provide information to the users of standards’ users on the available standards and their general specifications, and that can help them find the standards that best match their need; Recommends, furthermore, information and education campaigns at national and EU level to promote the role of standards and encourages Member States to include relevant professional education courses on standards in the national education systems;
Amendment 150 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Recommends that NSBs need to examine if it is possible to provide access to standards to the extent that the standards user can make an assessment of the relevance of the standard; Strongly recommends that NSBs and ESOs when determining the standards' fees take into account the needs of SMEs and stakeholders with non-commercial use;
Amendment 151 #
2016/2274(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Calls on the Commission to prepare a European register listing existing European standards in all official EU languages, which would include also an information on the ongoing standardisation work in ESOs, existing standardisation mandates, progress and decisions of formal objections;
Amendment 1 #
2016/2273(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EU should encourage the exchange of best practices and technologies between Member States;
Amendment 3 #
2016/2273(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 4 #
2016/2273(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas eGovernment can strengthen political participation by enhancing citizens dialogue with public authorities and by increasing transparency;
Amendment 8 #
2016/2273(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the transformation to a digital government has an important role in achieving the full potential of the single market, through reducing administrative burden on citizens and business by making interactions with public administration more convenient and less costly, and by ensuring efficient and effective cross-border services;
Amendment 28 #
2016/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the idea ofCommission's intention to establish a single contact point which would allow citizens as well as businesses to obtain an overview of all relevant information through one single gateway;
Amendment 49 #
2016/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that interoperability and standardisation are among the key elements for implementing eGovernment structures, and therefore welcomes the Commission’s communication entitled ‘European standards for the 21st century’ and its plan to revise the European Interoperability Framework; stresses that standards must serve the interests of the society at large by being inclusive, fair and future proof, and be developed in an open and transparent way;
Amendment 51 #
2016/2273(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. DRegrets that only 28% of European households in rural areas had a fixed fast internet connection in 2015 and that the average coverage in the EU of 4G, despite being 86% in all of EU is only 36% in rural areas, and draws attention to the urgent need for continuous support for broadband expansion, especially in rural areas, since access to a high-speed broadband connection is indispensable for using and benefiting from eGovernment services; therefore calls on the Commission and the Member States to continue the adequate funding of broadband expansion, digital service infrastructures and cross-border interaction of public administration after 2020, within the scope of the Connecting Europe Facility or other suitable EU programmes; calls in this regard on operators to invest more in infrastructure to improve connectivity in rural areas and to ensure that also rural areas will benefit from very high-capacity networks in the form of 5G, since this will be a key building bloc of our digital society;
Amendment 53 #
2016/2273(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stressed that digital skills are an absolute prerequisite to participate in eGovernment;
Amendment 55 #
2016/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the need to improve the digital skills of administrative staff as well as of all citizens and businesses, by developing and supporting training activities at national, regional and local level in order to minimise the risk of digital exclusion; stresses the need to tackle and prevent digital divides between geographical areas, between people from different socioeconomic levels, and between generations;
Amendment 57 #
2016/2273(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to promote media literacy and internet literacy for all EU citizens, in particular vulnerable people, through initiatives and coordinated action and investment in the creation of European networks for the teaching of media literacy;
Amendment 59 #
2016/2273(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Encourages the Member States to integrate the acquisition of up-to-date digital skills into school curricula, to improve the necessary technical equipment and to promote cooperation between universities and technical colleges with the aim of developing common e-Learning curricula that are, recognised in the ECTS system; also stresses the importance of lifelong learning and the acquisition and development of digital skills at the workplace;
Amendment 61 #
2016/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for aStresses the need for an inclusive, dual online and offline approach, since this is needed to avoid exclusion, taking into account the current rate of digital illiteracy and the fact that more than 22 % of Europeans, especially elderly people, refuse to use online services when dealing with public administrations; stresses that there are multiple reasons for refusal to use online services, such as unawareness, lack of skills, lack of trust, and wrong perception, and that alongside an inclusive online and offline approach, these must be tackled to remove barriers to online participation;
Amendment 70 #
2016/2273(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines positive impact eGovernment will have on workers on the internal market thanks to simplification of cross boarder acknowledgment of their professional skills, social rights and social benefits;
Amendment 88 #
2016/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the protection of personal data is fundamental, and underlines that public administrations shouldmust handle personal data securely in line with the General Data Protection Regulation (GDPR) and the EU Rules on Privacy, thereby boosting trust in digital services;
Amendment 93 #
2016/2273(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that eGovernment users have to have full awareness of the usage of their data in real time;
Amendment 23 #
2016/2272(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas reliable and durable products provide value for money to consumers and prevent overuse of resources and waste and therefore it is important to ensure that the useful lifetime of consumer products is prolonged through design for durability, possibility to repair, upgrade, disassemble and recycle of the products.
Amendment 39 #
2016/2272(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas products with built-in defects designed to break down after being used a certain number of times to end product's life can only incite consumers' distrust and should not be allowed on the market;
Amendment 49 #
2016/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish minimum resistance criteria for each product category from the design stage, by working in the European Committee for Electrotechnical Standardisation (CENELEC) to lay down standards which cover product robustness, reparability, upgradeability, etccovering among others robustness, reparability, and upgradeability, for each product category from the design stage, facilitated by standards developed by all the European Standardisation Organisations (ESOs) CEN, CENELEC and ETSI.;
Amendment 71 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2 a (new)
Paragraph 4 – indent 2 a (new)
- by promoting the design and manufacturing of durable products with reparable and environmental friendly materials;
Amendment 72 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 2 b (new)
Paragraph 4 – indent 2 b (new)
- by making fixing-in of essential components such as batteries and LEDs into products illegal;
Amendment 77 #
2016/2272(INI)
Motion for a resolution
Paragraph 4 – indent 3
Paragraph 4 – indent 3
- by insisting that parts which are essential to the functioning of the product are replaceable or reparable, and by including the product’s reparability among its ‘key features’,
Amendment 111 #
2016/2272(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the Member States to take fiscal measures to promote durable high-quality products that are reparable, repairs and second-hand sales, and to develop repairs training;
Amendment 121 #
2016/2272(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of investing in 3D printing, in order to provide parts for professionals and consumers who wish to repair their own goods, and of encouraging the free dissemination of the catalogues for these parts; urges in this regard that product safety, counterfeiting and copyright protection have to be safeguarded;
Amendment 131 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- to consult with the relevantall stakeholders concerned in order to develop a usage- based sales model which benefits everyone,
Amendment 136 #
2016/2272(INI)
Motion for a resolution
Paragraph 10 – indent 3
Paragraph 10 – indent 3
- to support local and regional authorities that are investing in the functional and collaborative/sharing economies and in economic models that promote the durability of goods and strengthen the repair, re-use and recycling sectors;
Amendment 162 #
2016/2272(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
- mandatory labelling to indicate a product’s expected useful life and reparability of products, on the basis of standardised criteria set by selected stakeholders,
Amendment 163 #
2016/2272(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
- mandatory labelling to indicate a product’'s expected useful life, on the basis of standardised criteria set by selected stakeholders,;
Amendment 6 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on ‘Digitising European Industry’ (COM(2016)0180); recalls the objective of raising the contribution of industry to EU GDP to 20 % by 2020; underlines the important role that digitalisation can play in this context and the urgent need to establish an ambitious EU strategy that coordinates national and regional efforts, avoids fragmentation and maximises opportunities for consumers, workers and businesses;
Amendment 10 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for adequate investment in research and innovation, infrastructures, cybersecurity and digital skills in order to ensure a well- functioning digital single market where industries can benefit from all its opportunities; stresses also that the EU is lagging behind its competitors in this respect and substantial additional resources are urgently needed for these investments; regrets that the communication fails to meet adequately the challenges ahead in this regard;
Amendment 18 #
2016/2271(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets the increasing disparities between regions in industry competitiveness and digitalisation; calls on the European Commission to ensure that cooperation and investments at European level on industry digitalisation lead to progressive convergence between different areas, including through better coordination of existing funds, and to increased opportunities for SMEs' digitalisation;
Amendment 23 #
2016/2271(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Highlights the risk of shifting of profits from industrial players towards the owners of proprietary digital platforms and of concentration of market into the hands of few actors creating de-facto monopolies, in particular with regard to platforms; considers necessary effective and consistent actions by the competition authorities and, where necessary, legislative initiatives, to ensure fair competition between a plurality of actors, also in the digital environment;
Amendment 36 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that citizens’ and businesses’ trust in the digital environment is necessary for unlocking the full potential of industry digitalisation; calls on Member States to timely transpose the "NIS Directive" and to engage in effective cooperation in order to guarantee a safe environment in the EU for citizens and businesses; asks a series of new and concrete initiatives to strengthen resilience of businesses, especially SMEs, against cyber-attacks and welcomes the new public-private partnership on cybersecurity recently launched by European Commission;
Amendment 42 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that digitalisation should provide consumers with more choice, more user-friendly and customised products and more information, in particular on the quality of the products or services, as well as on their social and environmental impacts;
Amendment 47 #
2016/2271(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deems it necessary to ensure the full respect of workers’ and consumers’ right to privacy and to protection of their personal data in the digital environment; emphasises the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of ‘privacy by design and by default’; believes that consumers and workers should be in control of the data they produce or that are linked to the products and services they use and should be properly informed about the impact of their decisions over these issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 48 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the European Commission to clarify as soon as possible safety and liability rules for autonomously acting systems (such as vehicles and drones), to ensure fast and effective legal compensation in case of incident and to harmonise the conditions for testing;
Amendment 49 #
2016/2271(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Considers interoperability necessary in particular in the domain of Internet of Things to ensure that the development of new technologies improves the opportunities for consumers, who should not be locked-in with certain specific providers; stresses the challenges relating to safety, security and liability with regard to IoT, apps and non- embedded software and calls on the Commission to put forward enhanced efforts on these issues, including in order to raise consumers' awareness and promote a safe use of these instruments;
Amendment 56 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the very important consequences of industry digitalisation for society, business models, working conditions and jobs demand; regrets the lack of analysis on the part of the Commission of the social effects of the digitisation of industry; calls on the European Commission to carry on an in depth analysis on these issues, focusing also to the consequences of industry digitisation on the number and the quality of jobs, and to present it to the European Parliament by the end of 2017;
Amendment 57 #
2016/2271(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. While recognising the opportunities of industry digitalisation, stresses also certain challenges it is posing to job demands, working conditions and workers' rights, in particular in non-standard employment relationships, and highlights the necessity to ensure the full respect of employment rights and adequate social security coverage in the digital world of work; believes it is necessary to involve social partners in the definition of European and national initiative on industry digitalisation; welcomes the proposals to hold high-level roundtables and an European stakeholders forum on digitalisation; believes workers' representatives' involvement to be necessary with regard to companies' decisions over externalisation and digitalisation;
Amendment 59 #
2016/2271(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers it necessary to ensure high-quality education, lifelong learning and vocational training, including in the field of basic and advanced digital qualifications and skills, also to fight digital exclusion, and advocates for the necessary public and private investments; highlights the importance of promoting skills on non-proprietary content; stresses the necessity to work with social partners in order to anticipate skills' need in the long term and welcomes the establishment of the Grand coalition for digital jobs and of other European initiatives in this field; encourages Commission and Member States to ensure mutual recognition of digital qualifications by establishing a European certificate or grading system.
Amendment 1 #
2016/2244(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involves and franchising agreements differ from one business to another, while franchising normally includes specific basic common elements, namely a partnership between natural or legal persons that are legally and financially independent of each other, whereby one party (the franchisor) grants to the other party (the franchisee) the right to operate his franchising formula to sell goods and/or services, and shares know- how, and the provision of commercial and technical assistance on the part of franchisor to the franchisee for the duration of the agreement; the intention of both the franchisor and the franchisee being to generate business revenue;
Amendment 10 #
2016/2244(INI)
Motion for a resolution
Recital C
Recital C
C. whereas franchising has the full potential of being a business model that can help in completing the single market in the retail sector as it can be a convenient means to establish business through a shared investment of franchisor and franchisee, but is currently under- performing in the EU, representing only 1.89 % of GDP, as opposed to 5.95 % in the USA and 10.83 % in Australia, 83.5 % of franchising’s turnover being concentrated in only seven Member States;
Amendment 21 #
2016/2244(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are differences between ‘hard’ and ‘soft’ franchising, depending on the conditions of the franchising agreement; and, moreover, alternative business models such as ‘groups of independent retailers’ have special characteristics and should only be affected by rules governing franchising, insofar as they meet the definition of franchising;
Amendment 30 #
2016/2244(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas the franchisor has to prove serious breach of contract or ethics by the franchisee in order to unilaterally decide not to renew the contract or to award the franchise to another person or company in the same territory, in particular if the franchisee has been successfully operating the franchise for the duration of the agreement, during which time considerable investment in growing the brand and enhancing its goodwill has taken place;
Amendment 31 #
2016/2244(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas, the Commission has defined unfair trading practices as "practices that deviate grossly from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on another"1a; _________________ 1a"Tackling unfair trading practices in the business-to-business food supply chain", COM(2014)472.
Amendment 32 #
2016/2244(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas the "fear factor" comes into play in commercial relationships, with the weaker party being unable to make effective use of their rights and unwilling to lodge a complaint about unfair trading practices imposed by the stronger party, for fear of compromising their commercial relationships;
Amendment 33 #
2016/2244(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that for the completion of the single market in the retail sector, franchising can play an important role, provided that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU; however, this is not currently the case, as different measures exist between Member States, leading to a high degree of divergence and diversification between Member States in terms of the level, nature and form of legal protection;
Amendment 39 #
2016/2244(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Envisages that in view of the strong-border component in franchising, a uniform approach to correct unfair trading practices at EU level is advisable;
Amendment 49 #
2016/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. States that franchisors have organised themselves both at national and European level for the representation of their interests, whereas often due to a lack of resources, franchisees often lack such representative organisations and adefending their collective interests, continuing to operate mostly on an individual basis and are therefore under- represented;
Amendment 56 #
2016/2244(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to promote the creation of associations representing franchisees, and to make sure that their voices are heard, whenever policies or legislation are prepared that may affect them, in order to ensure more equal representation of the parties;
Amendment 68 #
2016/2244(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages the setting-up of national and European franchising associations recognized as legally- acknowledged sources of best practice in franchising, ensuring a balance of membership between franchisors and franchisees;
Amendment 73 #
2016/2244(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Expresses its concern that, given the weaker status of franchisees, unfair trading practices can also consist in franchisors unilaterally deciding not to renew a long-standing franchise agreement, causing serious financial damage to the investment of the franchisee in the franchise property, fittings, advertising and goodwill, thereby jeopardizing employment, especially if the intention and reason for non-renewal is for the franchisor to award the franchise to another person or company in the same territory, even though the franchisee has consistently and fully abided by the agreement;
Amendment 100 #
2016/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points, in particular, to the need for specific principles to ensure the balanced contractual rights and obligations of the parties, such as clear, correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, and clear limits concerning the confidentiality requirements, to be available in writing at least 15 working days prior to the signing of the agreement, and the introduction of a five-day cooling- off period after execution of the agreement; the obligation for the franchisor to ensure that the duration of the contract allows the franchisee to cover his investment; continued commercial and technical assistance from the franchisor to the franchisee for the duration of the agreement; and fair indemnities at the end of the contract;
Amendment 118 #
2016/2244(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes with concern that parallel importation of franchised products seriously undermines and jeopardizes territorial exclusivity agreements and pollute and contradict the franchising model to the detriment of the franchisees, and holds the franchisors responsible if such importation into the territory is within their capability to control and prevent;
Amendment 121 #
2016/2244(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the disputes arising about internet sales, as they are vital in the digital market, whereas the power of the franchisor and the franchisee is often very unbalanced, and traditional franchise agreements do not take into account the effect internet sales may have on exclusivity clauses, thus making it possible that in the area for which the franchisee has the right of exclusivity, customers may buy their products from the franchisor, even if they pick up the goods in the franchisee’s shop; recalls that efforts should be made to prevent internet sellers from developing unfair competitive advantages vis-a-vis franchisees;
Amendment 124 #
2016/2244(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Expresses its concerns about the use of consumer data collected via the franchisee; asks the Commission to take into consideration the digital components of the business model in its further actions;
Amendment 4 #
2016/2219(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the UN Convention on the Rights of the Child and to the Parliament's resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child1a, __________________ 1a Texts adopted, P8_TA(2014)0070.
Amendment 52 #
2016/2219(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 137 #
2016/2219(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas millions of children around the world continue to suffer from all forms of violence, including the consequences and burden of war and its atrocitiesaccording to UNICEF's estimates 250 million children are living in countries affected by conflict, nearly 50 million children have either been forcibly displaced by violence and conflict or have migrated across borders and many continue to suffer from all forms of violence, exploitation, abuse, discrimination and poverty;
Amendment 146 #
2016/2219(INI)
Motion for a resolution
Recital Q d (new)
Recital Q d (new)
Qd. whereas, according to UNICEF, 1 in 200 children in the world is a child refugee, nearly one third of the children living outside their country of birth is a refugee and the number of child refugees doubled between 2005 and 2015;
Amendment 262 #
2016/2219(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EUSR to consult systematically with civil society, including local civil society organisations, and youth and children, and relevant international organisations ahead of his visits to third countries;
Amendment 295 #
2016/2219(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the EU Guidelines on human rights as a valuable EU human rights foreign policy tool providing practical guidance for EU delegations and for the Member States’ diplomatic representations; reiterates its call for the adoption of new EU Guidelines for the Promotion and Protection of the Rights of the Child without further delay;
Amendment 400 #
2016/2219(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Is deeply concerned about the growing numbers of child refugees; highlights the importance of allocating adequate resources to the protection of refugee and migrant children from violence, exploitation and abuse; stresses the importance of providing children with access to health care and education as part of EU programmes to address the root causes of migration;
Amendment 465 #
2016/2219(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the swift, effective and comprehensive implementation of the UN Guiding Principles on Business and Human Rights and Children's Rights and Business Principles; urges all UN member states, including the EU Member States, to develop and implement national action plans; considers that trade and human rights can go hand in hand and that the business community has an important role to play in promoting human rights and democracy;
Amendment 554 #
2016/2219(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Reiterates its request that the Commission propose a comprehensive Child Rights Strategy and Action Plan for the next five years, in order to prioritise children’s rights within EU exboth EU external and internal policies and to promote children’s rights, in particular by contributing to ensuring children’s access to water, sanitation, healthcare and education, including in conflict zones and refugee camps, and eliminating child labour, torture, trafficking, early and forced marriage, female genital mutilation and sexual exploitation;
Amendment 557 #
2016/2219(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Requests that the EU continue to publicisromote the EU-UNICEF Child Rights toolkit ‘Integrating Child Rights in development Cooperation’ through its external delegations and to train EU delegation staff adequately in this field;
Amendment 704 #
2016/2219(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expresses the need for international assistance in efforts to search for and liberate women and children who still remain in the captivity of ISIS and other violent groups, and in promoting special programmes for treatment within the European Union of former captives; expresses concern over the recruitment of children by terrorist groups and their participation in terrorist and military activities; stresses the need to establish policies to guide the search for, and the liberation, rehabilitation and reintegration of these children;
Amendment 1 #
2016/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s European Cloud Initiative as part of the implementation of the Digital Single Market (DSM) Strategy and the Digitising European Industry Package, thus fostering the growth of the European data-driven and knowledge based digital economy and contributing to its global market positioning; and regrets that there are still many limits in the Single Market that prevent the full deployment of this initiative; notes that the combination of infrastructure to store and manage data, secure broadband networks and high- performance computers are the three pillars for building up an operative European cloud;
Amendment 14 #
2016/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s intention to remove barriers to the free movement of data and data services and disproportionate data localisation requirements by linking the European Cloud Initiative to the free flow of data proposal; considers that, in order to achieve a digital society, the free flow of data must be regarded as the fifth freedom within the Single Market, for which we need to ensure secure and broad connectivity, optimum speed and quality, and strengthen confidence and reliability. Notes that fundamental rights, including privacy and data protection obligations relating to such data, regardless of their location, must be respected;
Amendment 26 #
2016/2145(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that a clear legal framework, sufficient skills and resources related to the management of macro data are prerequisites to unleash the full potential of cloud computing; asks the Commission for the prompt adoption of the free flow of data removing legal and technical obstacles to the free movement;
Amendment 32 #
2016/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls the positive results achieved by existing pan-European structures and the open data available in the national data storage facilities; calls on the Commission and Member States to examine the potential of already available data while securing adequate levels of cybersecurity regardless where this data are located;
Amendment 52 #
2016/2145(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out the potential benefits for the public sector in using the cloud in key sectors such as public health both facilitating the work of professionals and patients welfare through the consultation of medical records regardless of their location while securing that there is no security breach leading to the disclosure of sensitive data;
Amendment 58 #
2016/2145(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the European Open Science Cloud as it facilitates the sharing of research data from research financed by public funds and supports the creation of a virtual environment where scientists and professionals can store, share, manage, analyse and reuse their research data across disciplines and borders, ending fragmentation and segmentation;
Amendment 59 #
2016/2145(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Highlights the potential benefits of the European cloud for businesses such as professional offices in terms of savings in investments on equipment and software as well as operating expenses such as document storage, office management applications accounting, databases;
Amendment 62 #
2016/2145(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Believes that with cloud computing, the EU must maintain high standards of data protection, cyber security and interoperability, and that upholding high standards should be regarded as a competitive advantage for offering cloud services of the highest quality;
Amendment 63 #
2016/2145(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Notes that Europe is the largest producer of scientific knowledge in the world so this leadership should entail that data generated by research and industry in the European Union can be processed in the EU as means that can help to stop the brain drain;
Amendment 70 #
2016/2145(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes the underrepresentation of key stakeholders in the discussions and in Large Scale Pilot projects; stresses that the European Cloud Initiative should involve and benefit not only the scientific community, the industry and public administrations but also SMEs and consumers at European, national, regional and local levels, so as to make full use of the potential of this initiative.
Amendment 1 #
2016/2143(INI)
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
-1 having regard to Article 165 of the Treaty on the Functioning of the EU (TFEU), which specifies the purposes of the EU sport policy,
Amendment 2 #
2016/2143(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the Report of the EU Expert Group on Good Governance on "the Principles for Good Governance of Sport in the EU of October 2013",
Amendment 3 #
2016/2143(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to the Report of the High Level group on Grassroots Sport on "Grassroots Sport - Shaping Europe" of June 2016,
Amendment 4 #
2016/2143(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
– having regard to the Report of the High Level group on Sport Diplomacy of June 2016,
Amendment 5 #
2016/2143(INI)
Motion for a resolution
Citation 2 d (new)
Citation 2 d (new)
– having regard the Erasmus+ programme, which aims to tackle cross- border threats to the integrity of sport, promote and support good governance in sport, dual careers of sportspeople and voluntary activities in sport, together with social inclusion and equal opportunities,
Amendment 12 #
2016/2143(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
– having regard to the Global Agenda 2030 on Sustainable Development Goals,
Amendment 14 #
2016/2143(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas with the entry into force of the Lisbon Treaty in 2009, the European Union acquired a specific competence for sport to build up and implement an EU coordinated sport policy supported by a specific budget line, and to develop cooperation with international bodies in the area of sport, whilst taking into account the specific nature of sport and respecting the autonomy of sport's governing structures;
Amendment 17 #
2016/2143(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sport plays a prominent role in the life of millions of EU citizens, with significant impact on the EU's economy and society;
Amendment 23 #
2016/2143(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sport represents a significant and fast-growing sector of the EU economy and makes a valuable contribution to growth, jobs and society; whereas sport-related employment has been estimated at equivalent to 3.51% of total EU employment, and the share of sport-related gross value added at 294 billion euro (2.98% of total EU gross value added);
Amendment 25 #
2016/2143(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas sport is not only a growing economic reality, but as well as a social phenomenon which makes an important contribution to the European Union's strategic objectives and social values such as tolerance, solidarity, prosperity, peace, respect for human rights and understanding among nations and cultures;
Amendment 29 #
2016/2143(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas sport also contributes to integration of people and transcends race, religion and ethnicity;
Amendment 30 #
2016/2143(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas amateur and professional sport, both affect citizens directly and contribute equally to the societal role of sport;
Amendment 36 #
2016/2143(INI)
Motion for a resolution
Recital D
Recital D
D. whereas recent corruption scandals in sport and within sports organisations have tarnished the image of sport raising voices and questions about the urgent need of an in-depth, genuine reform of the sport governing bodies and organisations;
Amendment 43 #
2016/2143(INI)
Motion for a resolution
Recital F
Recital F
F. whereas sports organisations are responsible for ensuring high governance and high integrity standards and should raise these further in order to restore citizens' confidence and increase public trust in the positive value of sport;
Amendment 47 #
2016/2143(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a number of sports organisations have taken strong initiatives to improve governance in sport, but more needs to be done;
Amendment 62 #
2016/2143(INI)
Motion for a resolution
Recital K
Recital K
K. whereas sportthe increasing amounts of money circulating in the sport sector and organisations involved have prompted demands for better governance and transparency; whereas sport, as an economic activity, is confronted with a series of match-fixing scandals involving money laundering which have coincided with the rise of online betting; various other crimes and illegal activities such as money laundering, corruption and bribery;
Amendment 71 #
2016/2143(INI)
Motion for a resolution
Recital L
Recital L
L. whereas doping remains a threat to sport integrity andby violating sports' ethical values and principles such as fair play and by imposing serious risk to athletes’' health causing serious permanent damages;
Amendment 76 #
2016/2143(INI)
Motion for a resolution
Recital M
Recital M
M. whereas acts of violence and, hooliganism, discrimination may occur inand racism are not a new phenomenon and occur in both amateur and professional sport;
Amendment 81 #
2016/2143(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas promoting sport for people with intellectual or physical disabilities should be a key priority at European, national and local level;
Amendment 82 #
2016/2143(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas women's participation and visibility in sport and sport competitions needs to be improved;
Amendment 85 #
2016/2143(INI)
Motion for a resolution
Recital N
Recital N
N. whereas athletes, who are oftenin particular minors, face increasing economic pressures and are treated as commodities;
Amendment 94 #
2016/2143(INI)
Motion for a resolution
Recital P
Recital P
P. whereas grassroots sport offers opportunities to tackle discrimination, to foster social inclusion, cohesion and integration and to make a strong contribution to the development of transversal skills;
Amendment 97 #
2016/2143(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
Pb. whereas sport is perceived as a fundamental right to all and everyone should have equal rights to engage in physical activity and sport;
Amendment 99 #
2016/2143(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas, overall, physical activity is stagnating despite the hard evidences that physical activity improves personal health and well-being of people, as a result of which Member States make significant savings in terms of public expenditure on health and despite a growing trend for recreational sports, such as jogging, which are practised outside any organised structure;
Amendment 104 #
2016/2143(INI)
Motion for a resolution
Recital R
Recital R
R. whereas major sports events and activities, and in particular major international competitions, showcase the benefits of sport and should have a positive social, economic and environmental impact; whereas sport events and activities should be a beacon of promoting fundamental human rights and contribute to the Global Agenda 2030 on Sustainable Development Goals;
Amendment 108 #
2016/2143(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the further education and vocational training alongside physical training of athletes is crucial to prepare them for a career outside sport; and uncertain future at the end of their sporting career;
Amendment 117 #
2016/2143(INI)
Motion for a resolution
Recital T
Recital T
T. whereas volunteering is a fundamental condition for accessible, low- cost sports activities and events, especially at grassroots level and important means of non-formal education and youth employment;
Amendment 128 #
2016/2143(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas sport can contribute to fulfilling the objectives of Europe 2020 strategy;
Amendment 129 #
2016/2143(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is concerned with the current challenges which have emerged in the sports industry, such as exploitation of young players, doping, racism, violence, corruption and money laundering among others;
Amendment 130 #
2016/2143(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses that integrity of sport which embodies values such as fair play, solidarity and team spirit is often associated with integrity of sport competitions; underlines that sport needs to remain resistant to influences and elements that could cast doubt and jeopardise the integrity of sporting competitions;
Amendment 131 #
2016/2143(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Believes that improving good governance and integrity in sport requires a change in the mind-set of all relevant stakeholders such as athletes, coaches, sport organisations and governments;
Amendment 132 #
2016/2143(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Reiterates that recent corruption scandals at European and International level have once again flagged the urgent need for in-depth genuine reform of the structures and practices of sport governing bodies, with a view to further improve their governance and fight corruption from within the organisations;
Amendment 133 #
2016/2143(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Repeats that fighting corruption in sport requires transnational efforts and cooperation among all stakeholders, including public authorities, law enforcement agencies, the sports industry, athletes and supporters;
Amendment 134 #
2016/2143(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on international, European and national sports organisations to commit to good governance practices and developing a culture of transparency and sustainable financing, by making publicly available financial records, and activity accounts of what they do, including disclosure obligations as to the compensation of top executives and term limits;
Amendment 136 #
2016/2143(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that developing a culture of transparency must be complemented by a better separation of powers within the sport governing bodies, better division between commercial and charitable activities and better internal self-regulatory procedure to advance, detect, investigate and sanction sport crimes and illegal activities within the sport organisations;
Amendment 139 #
2016/2143(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the role of the European Commission and the Member States to step up and prioritise work and actions on good governance within the next EU Work Plan for sport; Recalls that good governance must be a condition for the autonomy of sports organisations, in compliance with the principles of transparency, accountability and democracy;
Amendment 153 #
2016/2143(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on sports organisations to ensure that bidding to host major events abides by good governance standards and fundamental human rights and labour rights, and guarantees a sustainable legacy and principles of democracy in particular in the context of the awarding procedures in order to ensure positive social, economic and environmental impact on local communities, whilst respecting the diversity, values and traditions of all participants;
Amendment 159 #
2016/2143(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the opinion that countries bidding for or hosting sport events need to implement socially, environmentally and economic responsible planning, organisation, implementation, participation and a follow up of those events; Calls on the sports organisations and countries hosting the events to avoid undesired changes in the living environment of local residents, including the displacement of local populations;
Amendment 162 #
2016/2143(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Invites the European Commission and the Member States to look into the possibility of cross-border bidding and hosting of major sport events among EU Member States, so that European countries can share costs and responsibilities for those events, whilst at the same time promote European solidarity in the field of sports;
Amendment 167 #
2016/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges Member States to make public funding for sport conditional subject to compliance with minimum governance standards;
Amendment 168 #
2016/2143(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the initiatives taken by sports organisations to improve governance standards in sport and further urges sport organisations and governing bodies to implement and enforce strict ethical standards and a code of conduct for its management and executive committees and for its members associations;
Amendment 178 #
2016/2143(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on sports organisations to put forward by 2018, and subsequently implement, concrete proposals to enhance their governance; Stresses that an independent oversight and monitoring of the sport governing bodies and of their members associations in respect to decision making process and the origin and diligent use of their financing is essential to improve good governance in sport;
Amendment 181 #
2016/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates that Member States shouldmatch-fixing and manipulation of sport competitions violates the ethics and integrity of sport; Notes that match-fixing is subject to sporting sanctions by sport authorities, as well as to civil and criminal sanctions in the Member States; Calls on Member States to establish a specific criminal offence dealing with match-fixing and ensure that match-fixing and corruption in sport are subject to judicial proceedings, where this is not already applicable;
Amendment 185 #
2016/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that information-sharing between sports bodies, state authorities and licensed betting operators is essential to detect, investigate and prosecute match- fixingPoints out that the challenges associated with investigation of international cases of match-fixing involve suspects from various countries with different legal frameworks and definitions; Stresses, therefore, that cross- border sharing of information and expertise between sports bodies, state authorities and licensed betting operators is essential to detect, investigate and prosecute match-fixing, and to better identify irregular bets, big movements of money or athletes betting on their own competitions; Recalls, in this respect, that the 4Th Anti-Money Laundering Directive introduces a requirement for gambling providers to carry out due diligence checks on high transactions;
Amendment 190 #
2016/2143(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission and the Member States who have not done so to sign and ratifyto find a solution to the current impasse in relation to the Council of Europe Convention on the manipulation of sports competitions with a view to its full implementation and ratification;
Amendment 195 #
2016/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports and encourages education and information programmes and preventive measures on the threat of match-fixing and doping at all levels of sport, both amateur and professional; Calls on the European Commission and Member States to propose concrete measures in the next EU work Plan for the organization of youth-friendly targeted educational campaigns to inform people adequately and improve understanding of those problems at as early age as possible;
Amendment 201 #
2016/2143(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 206 #
2016/2143(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to facilitate doping controls and support national testing programmes and to ensure that information-sharing between state authorities and anti-doping agencies is effective;
Amendment 210 #
2016/2143(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission to work closely with WADA and the Council of EuropeNotes the importance of the World Anti-Doping Agency for monitoring and coordinating anti-doping policies and rules all over the world; Calls on the Member States and the Commission to work closely with WADA and the Council of Europe, to reinforce the legal and political commitments of the World Anti- Doping Code (WADAC) and to strengthen EU's role in the future functioning and financing of the agency in order to prevent and fight doping more effectively;
Amendment 213 #
2016/2143(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Is of the Opinion that the EU should be a major actor in shaping and promoting European anti-doping policy worldwide; Calls on the Commission to establish an international anti-doping platform, together with other intentional stakeholders such as WADA, the Council of Europe and countries from all around the world, to exchange information and best practices on the health and prevention policies in the fight against doping;
Amendment 216 #
2016/2143(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is of the opinion that doping is also a growing problem in the recreational sport sector, where education and information campaigns and experienced and professional instructors and trainers are needed to help influence a healthy behaviour relating to doping;
Amendment 218 #
2016/2143(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Encourages sports organisations and national public authorities to establish coordinated anti-doping system for cross-border monitoring and to take concrete measures against manufacturing and trafficking of illegal performance- enhancing substances in the sports world;
Amendment 225 #
2016/2143(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the threat of health epidemics, hooliganism and terrorism requires new efforts to ensure operational safety and security at sports events; Encourages the Commission to adopt recommendations for the creation of minimum safety standards for sport events to respond to the new challenges in the sport industry and to ensure that players and supporters are as safe as possible; Calls on the Member States to sign and ratify without delay the Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events;
Amendment 230 #
2016/2143(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that sports needs to deal effectively with racism and discrimination in order to remain a powerful tool of social inclusion and integration; Condemns strongly all forms of discrimination, racism and sexism in sport and u; Underlines the need to prevent such behaviour and to implement various monitoring mechanisms to improve the recording of such incidents and help combat inequalities, social barriers, stereotypes and prejudice;
Amendment 238 #
2016/2143(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes investment in sportand finance in sport and sport organisations provided that it is sustainable, transparent, subject to strict controls and not detrimental to the integrity of competitions and athletes;
Amendment 250 #
2016/2143(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that athletes must be protected from abusive practices such as third-party ownership which raise numerous questions of integrity and broader ethical concerns; Calls for joint action at European level to address third- party ownership of players in the European sport and the rights of athletes, trainers and teams;
Amendment 261 #
2016/2143(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its attachment to the European organised sports model, where federations play a central role, insofar as it balances the numerous diverging interests between all stakeholders, such as players, clubs, leagues, associations and volunteers, with appropriate and democratic representation in decision-making; Is of the opinion that exploring new instruments for cooperation between governments, sport organisation and the EU, such as joint initiatives and pledge boards, will help address the current challenges in the sport industry and improve the governance and integrity of sport;
Amendment 262 #
2016/2143(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the annual EU Sport Forum promoting dialogue with stakeholders from international and European sport federations, the Olympic movement, European and national sport umbrella organisations and other sport- related organisations; Points out that the dialogue structure with stakeholders, functions of the forum and follow up of the discussion needs to be further improved;
Amendment 268 #
2016/2143(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the efforts of the Commission and all concerned stakeholders to promote social dialogue in sport, which is an excellent opportunity to provide a balance between fundamental and employment rights of sportspeople and the economic nature of sport by involving all stakeholders including social partners in the discussion and conclusion of agreements;
Amendment 276 #
2016/2143(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the establishment of transparency registers for the payment of sports agents; repeats its call for licensing and registration of sport agents and regulating the profession of sport agents as professional activity;
Amendment 278 #
2016/2143(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Believes that an integrated approach to equality between women and men in sports can help avoid stereotypes and create a positive social environment for all; Welcomes initiatives seeking to reduce the gender-based remuneration gap and awards disparities between women and men in sport;
Amendment 282 #
2016/2143(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes initiatives which encourage gender equality in decision- making roles in sport; Calls on the sport organisations to pay particular attention to the gender dimension in sport and to commit and improve the gender balance and representation of women in the boards and executive committees of all organisations, which is still at a very low level;
Amendment 283 #
2016/2143(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines that the economic significance of sport has to be seen in a wider cross-border context and for that comparable data is needed; Acknowledges the importance of sport satellite accounts (SSAs) in Member States, measuring the economic impact of sport in the national context; calls on the Commission to develop a European sport satellite account which should provide more reliable and comparable data and broader assessment of the economic importance of sport by involving more actively policy-makers, experts and sport stakeholders;
Amendment 286 #
2016/2143(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Underlines the need for appropriate representation of all stakeholders in the EU sport policies; Invites the Commission to improve the working structures and composition of the existing Expert Groups as regards as NGOs, sport representativeness and experts willing to contribute to development of EU sport policy, are concerned;
Amendment 288 #
2016/2143(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that sport buildsinvesting in sport will help us build united and inclusive societies, move barriers and enable people to respect each other by building bridges across cultures and ethnic and social divides;
Amendment 292 #
2016/2143(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is of the opinion that sport organisations are better equipped to promote societal role of sport and fulfil societal expectations in the fight against racism, discrimination and violence, when they abide by the high standards of good governance;
Amendment 297 #
2016/2143(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises the role of sport in social inclusion and integratingon of refugees, migrants and asylum- seekers and minority groups; Welcomes the first ever Refugee Olympic Team at the 2016 Summer Olympics in Rio de Janeiro and calls for similar initiatives to take place at national and European level so that refugees, migrants and asylum-seekers athletes will have the possibility to compete at sport competitions;
Amendment 301 #
2016/2143(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. RUnderlines the importance of education through sport and the potential of sport to help get socially vulnerable youngsters back on track; Calls on the Member States, national associations, leagues and clubs to recognises the importance of grassroots sport in preventing and fighting radicalisation and develop and support initiatives in this respect;
Amendment 306 #
2016/2143(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Supports effective dual career systems and access to further education and vocational training for athletes; Calls on the Commission and Member States to facilitate athletes' cross-border mobility, harmonise recognition of sport and education qualifications, including the recognition of non-formal and informal education acquired through sports;
Amendment 308 #
2016/2143(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Member States in collaboration with educational institutions to promote cross-border exchange of athletes and provide access to athletic scholarships supported by the necessary facilities resources and academic flexibility for athletes, so that professional sportspeople can simultaneously obtain a university education and compete in sport competitions;
Amendment 314 #
2016/2143(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Supports the introduction of a European observatory, which could be helpful tool for providing transparency in evaluating the progress of the dual career programmes for athletes in Europe;
Amendment 319 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that professional athletes are often confronted with abusive employment practices and insufficient access to social rights and health and safety standards; Urges the Commission and Member States to take concrete steps and to present a comprehensive action plan for the promotion of minimum employment standards and labour rights for professional athletes;
Amendment 321 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Stresses that the lack of physical activity is identified by WHO as the fourth leading risk factor for global mortality having considerable direct and indirect social and economic impact and costs for Member States; Is concerned that despite the considerable costs and significant impact on general health, physical activity levels are falling across some Member States;
Amendment 323 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Encourages Member States and the Commission to make physical activity a political priority in the next EU Work Plan on Sport, especially for young people and vulnerable communities from socially deprived areas where physical participation is low;
Amendment 325 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Reiterates that physical education at school is a an essential entry point for children to learn life skills, attitudes, values, knowledge and understanding to help them develop patterns for lifelong physical activity participation and health life style behaviours;
Amendment 329 #
2016/2143(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that promotion of physical education and participation in sport in schools at a very young age and universities, as well as by older people, is vital; Calls on the Member States to ensure that sport is a subject in the curriculum of schools at all levels of education;
Amendment 334 #
2016/2143(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Highlights that sport and physical activity should be better promoted across sectors;
Amendment 338 #
2016/2143(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that participation of people in sports and physical activities is lower amongst the lower socio-economic groups and people living in socially deprived areas; Highlights that sport should be better promoted among socially excluded groups in the EU;
Amendment 339 #
2016/2143(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Supports the idea of a structured and institutionally-established European labelling system for Active Cities to promote cities which together with local authorities create physically active environment through urban planning and organisation of the city infrastructure in order to encourage health and activity for its citizens;
Amendment 341 #
2016/2143(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls on Member States to ensure full and equal access to public sports facilities, equipment and apparatus, including investment in their maintenance and foster the establishment of new sports clubs particularly in rural and disadvantaged urban areas;
Amendment 342 #
2016/2143(INI)
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31c. Encourages Member States to involve sports associations and non- governmental organisations in the urban planning and construction of sport facilities, so that the special needs of the public and in particular of vulnerable groups such as disabled people are taken into account;
Amendment 343 #
2016/2143(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that disabled people should have access to all sports facilities, specially trained coaches and adapted physical activity programmes at school; Urges Member States to implement inclusive sport programmes for disabled people at schools and universities, so that pupils and students with disabilities can participate in sport lessons and in sport extra-curricular activities;
Amendment 349 #
2016/2143(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recognises the fundamental role of the International Paralympic Games in fostering awareness, fighting discrimination and promoting access to sport for disabled people; Calls on the Member States to step up the efforts towards the inclusion in sport activities of persons with disabilities and increase public media visibility and broadcasting of the Paralympic Games and other competitions involving disabled athletes;
Amendment 350 #
2016/2143(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Stresses the need to recognise achievements of women athletes and improve media visibility and public service broadcasting of women's sport competitions; Urges the Commission to regulate international women competitions, including international sport competition for disabled athletes, under the Audio-visual Media Services Directive, as free-access sporting events in Member States;
Amendment 351 #
2016/2143(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32c. Calls on the Member States and sport organisation to promote equal opportunities and gender equality in sport by encouraging young women to participate in sports and physical activities and enabling female athletes to reconcile their family and professional sports life;
Amendment 352 #
2016/2143(INI)
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32d. Is of the opinion that there are still many challenges to express sexual orientation and gender identity in sport in fear of discrimination and exclusion; Calls on the Member States and sport organisations to take specific measures to ensure equal access and opportunities of people who are gay, lesbian, bisexual, trans or intersex (LGBTI) to participate in sport and in sport competitions;
Amendment 353 #
2016/2143(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States and the Commission to ensure that children and youth practise sport in a safe environment and participate in decision-making, planning and execution processes at all levels;
Amendment 356 #
2016/2143(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Welcomes initiatives brought to promote inclusion, integrity and accessibility in sports through use of new technologies and innovation;
Amendment 358 #
2016/2143(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. SupportsWelcomes the success of the European Week of Sport and calls on all EU institutions and Member States to further promote this initiative while ensuring it is accessible to the widest possible audience; Encourages all Member States to take part in the European Week of Sport and advocates opening of the European Week of Sport also to non-EU countries;
Amendment 371 #
2016/2143(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Recommends the Member States and Commission to encourage citizens to practice more regular physical activities through appropriate health policies and programmes;
Amendment 374 #
2016/2143(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Stresses that funding is an important EU policy toll used to improve key fields of EU activity in sport; Calls on the Commission to allocate more funds to sport and to better mainstream the funds under ERASMUS+, with a focus on grassroots sport and education, to enhance its visibility and to improve the mainstreaming of sport into other funding programmes; Urges the Commission to provide sustainable financial support through the Erasmus+ to implement dual career policies for athletes in the Member States, to promote and support dual career exchange of athletes and foster further research in this area;
Amendment 378 #
2016/2143(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Supports measures promoting the mobility of volunteers in sport; Recognises the important role of volunteers in sport, who contribute to both social and economic value of sport, particularly at grassroots level; Encourages Member States to recognise the work of volunteers in the next EU Work plan for sport by supporting measures to promote the mobility and skills development of volunteers in sport and exchange of best practices in volunteering; Calls on the Commission to allocate in Erasmus +, and in particular the chapter on grassroots sports, a special budget line or a pilot project to promote and help the work of volunteers at grassroots level;
Amendment 389 #
2016/2143(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Asks the Commission to issue guidelines on the application of anti-trust and state aid rules in sport taking into account the social, cultural and educational goals of sport;
Amendment 394 #
2016/2143(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the contribution made by national lotteries to grassroots sport and calls on Member States to make licensed betting operators subject to consider distributing financial contributions from sport commercial activities, such as licensed betting operators, as well as the selling of media mandatory fair financial return to the grassroots broadcasting rights and advertising, to grassroots sports and projects aimed at improving mass-access to sport; considers, however, that such rights should not prejudice the Directive 2007/65/EC (Audio-visual Media Services Directive);
Amendment 400 #
2016/2143(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Maintains that the selling of TV rights on a centralised, exclusive and territorial basis with equitable sharing of the revenue is essential for the sustainable funding of sport at all levels and to ensure a level playing field; Emphasises that sporting events which are regarded as being of major importance for society should be accessible to the widest possible range of people and should not be broadcasted on an exclusive basis;
Amendment 410 #
2016/2143(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Considers that sustainability and environmental protection should be an integral part of sports events and sport stakeholders shall contribute towards the Global Agenda 2030 on Sustainable Development Goals;
Amendment 417 #
2016/2143(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Emphasises that sport is a powerful factor in creating and strengthening a feeling of local, national and even European belonging;
Amendment 8 #
2016/2100(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds the Commission and Member States that competitiveness is a measure of economic ability to provide the European citizens with high and rising standards of living and high rates of employment on a sustainable basis1a ; __________________ 1ahttp://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex:52002DC071 4
Amendment 10 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field for businesses and a real choice for consumers in the digital single market; calls on the Commission to pursue a policy of active, effective and acceleratedeffective enforcement of the competition rules, in particular in the online search services and mobile internet sector, in order to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer; stresses that the Commission should also ensure that the digital economy e.g. platform economy are not being misused to undermine consumers and worker's rights on the single market. This can lead to resistance to developing a fair digital single market;
Amendment 43 #
2016/2100(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that ending roaming charges in the EU is not sufficient and that intra-EU calls must be also regulated on the same level as local calls; calls on the Commission to submit a legislative proposal for regulating intra-EU calls;
Amendment 53 #
2016/2100(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages the Commission to not only focus its efforts for fair competition on the high profile cases against large well-known companies, reminds the Commission that the enforcement of fair competition is also of importance towards SMEs;
Amendment 55 #
2016/2100(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. The emission scandal, which began in the US with Volkswagen, has made it clear that American consumers are better off in case of fraud and abuse of e.g. the competition rules compared to European consumers; Encourages the Commission to look into the possibility of ensuring individual compensation to affected consumers, since this may act as a deterrent to fraud and abuse thereby ensuring a fair Single Market;
Amendment 69 #
2016/2100(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes the Commission's increased use of EU pilot instead of resorting to infringement proceedings. Welcomes this approach however reminds the Commission that this should not lead to weaken enforcement of EU legislation or less transparency.
Amendment 54 #
2016/2064(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In particular, considers essential to fill the gap of investments for the completion of a wide-spread, affordable and secure high-speed connectivity infrastructure, as a precondition for the full development of the Digital Single Market and for growth and cohesion in Europe; stresses the importance to overcome the still existing different level of infrastructures development among regions in Europe and between urban and rural areas;
Amendment 55 #
2016/2064(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that reducing the investment gaps in terms of digital projects is a prerequisite for genuine enforcement of consumers' rights such as the access to content, the quality of service and costs;
Amendment 56 #
2016/2064(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out the need to make funds available for the digital transformation in order to support the SMEs affected by the digital transition, foster new and innovative technological development, with closer cooperation between established companies and start-ups; underlines the importance to finance the establishment of technology centres in less-industrialized regions in order to reduce regional disparities, revitalize local economies by providing high-quality jobs and skill development support;
Amendment 61 #
2016/2056(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of availability of alternative dispute resolution (ADR) and online dispute resolution (ODR), especially cross-border, as efficient redress is key to the single market, and particularly for SMEs and consumer trust;
Amendment 52 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the new CSDP provides greater flexibility, for example through stronger Member State cooperation within a ‘permanent structured cooperation’ framework open to all Member States, which could take various forms, including joint development and procurement; calls for the creation of a structure for the exchange of information on terrorism and cybersecurity;
Amendment 60 #
2016/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that stimulating technological developments in Europe is vital in for der to satisfy the upcoming needs of European armed forcesfence sector, as is fostering a more integrated internal market through the development of joint cooperative programmes, under which the Joint Research Centre could aggregate dual-use technology efforts across the EU and could facilitate SMEs access to Internal Market;
Amendment 65 #
2016/2052(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that often new businesses, including SMEs, face difficulties when entering the market, especially because of high investment costs in research and innovation that are difficult to bear; underlines the need for financing in research and innovation in defence sector in order to assure the good-functioning of the market for all market participants; encourages the Commission to consolidate research in defence sector through funding in order to improve the defence industry and technology;
Amendment 71 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegalsustainable management of immigration, common intelligence, cybersecurity and customs controls;
Amendment 79 #
2016/2052(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that certification and common European standards in defence sector should be established, where possible, to increase competitiveness, to make access to defence procurement easier for all market operators, and to ensure similar high standards;
Amendment 1 #
2016/2024(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the free movement of goods, services, capital and persons is the cornerstone of the Single Market and essential for economic growth in the Union; underlines that disruptions to the four freedoms will hamper the functioning of the Single Market and slow down economic activity;
Amendment 5 #
2016/2024(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that a well-functioning Single Market is fundamental for the Union’s capacity to absorb shocks, such as new trends in migration; stresses that the Union’s budget must support the transition to a circular economy and an inclusive, accessible and diverse Digital Single Market;
Amendment 7 #
2016/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a strong consumer policy that reinforces consumer awareness and adjusts consumer rights to societal, technological and economic changes such as, big data and the internet of things, circular economy, the so-called collaborative economy and e-commerce; requests that new challenges to consumer policy be addressed through the allocation of an appropriate budget;
Amendment 9 #
2016/2024(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that small and medium-sized enterprises (SMEs) and microenterprises are crucial for the European economy; underlines the need for financing for innovation and, scale-up, internationaliszation, digitalization and adoption of circular economy business models for SMEs and microentreprises; calls for an appropriate budget allocation for COSME and the Enterprise Europe Network;
Amendment 12 #
2016/2024(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that timely adoption of EU standards is key for competitiveness and interoperability; stresses the importance of consumer and stakeholder involvement in the standardization process; calls for an adequate budgetary allocation for the standardisation activities of the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC) and the European Telecommunications Standards Institute (ETSI);
Amendment 17 #
2016/2024(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that multilingual Online Dispute Resolution platforms play a key role in building consumer trust and strengthening cross-border e-commerce should be allocated adequate financing;
Amendment 41 #
2016/2010(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the potential role of EU funding mechanisms such as Horizon 2020 and the European Structural and Investment Funds in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
Amendment 5 #
2016/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises the potential benefits associated with VCs for consumers, businesses, charities and the economy at large, which include greater speed and efficiency and reduced costs in making payments and transfers, in particular across borders, and potentially promoting financial inclusion and facilitating the access to funding and financial resources for the business sector and the SMEs;
Amendment 7 #
2016/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes also that the use of VCs and DLTs has positively contributed and facilitated micropayments for online purchases of goods;
Amendment 9 #
2016/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses the importance of developing an European level playing field to allow unleashing and fully developing the valuable potential of Distributed Ledger Technologies (DLT), that can be used in numerous innovative fields and in a wide range of industries and services, such as "smart contracts", crypto-equity crowdfunding and dispute mediation services, in particular in the financial and juridical sectors; moreover, encourages public bodies to evaluate the benefits and explore the possibility of applying such innovative technologies to other fields, with the scope of providing better, more rapid and more efficient services to the EU citizens;
Amendment 37 #
2016/2007(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of consumer awareness when using VCs while noting the growing use of VC micropayments foand transparency when using VCs; calls on the Commission, after conline purchases of goods; calls on the VC industry, in cooperation with the Commission and the Member States, to develop voluntary standards and to address the opportunities and challenges of VCs for consumers with the aim ofsulting the Member States and the VC industry, to develop specific EU guidelines with the aim of guaranteeing that a correct, clear and complete information is provided for existing and future VC users, to allow them to make a fully informed choice, thus enhancing the transparency of VC schemes for consumers in terms of how they are organised and operated and how they distinguish themselves from regulated and supervised payment systems,; in terms of consumer protection, in order to allow existing and future VC users to makeparticular, underlines that the consumers and users, before using VCs, shall be informed about the high volatility and informed choicstability of their value.
Amendment 47 #
2016/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.
Amendment 52 #
2016/0288(COD)
Proposal for a directive
Recital 67
Recital 67
(67) Lack of coordination between Member States when organising the use of spectrum in their territory can create large- scale interference issues severely impacting the development of the Digital Single Market. Member States should take all necessary measures to avoid cross- border and harmful interference and cooperate with each other to that end. Upon request of one or more Member States or of the Commission, the Radio Spectrum Policy Group should be tasked with supporting the necessary cross-border coordination. Building on RSPG's proposed solution, an implementing measured delegated acts may be required in some circumstances to definitively resolve cross- border interferences or to enforce under Union law a coordinated solution agreed by two or several Member States in bilateral negotiations.
Amendment 56 #
2016/0288(COD)
Proposal for a directive
Recital 101
Recital 101
(101) Radio spectrum is a scarce public resource with an important public and market value. Radio spectrum serves the public interest in a wide range of societal, cultural, social and economic objectives, for public access to information, the right of freedom of expression and media pluralism. It is an essential input for radio- based electronic communications networks and services and, in so far as it relates to such networks and services, should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective, transparent and non- discriminatory criteria, taking into account the democratic, social, linguistic and cultural interests related to national and regional characteristics to the use of frequencies.. Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)33 establishes a framework for harmonisation of radio spectrum,. _________________ 33 Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002).
Amendment 57 #
2016/0288(COD)
Proposal for a directive
Recital 102
Recital 102
(102) Radio spectrum policy activities in the Union should be without prejudice to measures taken, at Union or national level, in accordance with Union law, to pursue general interest objectives, in particular with regard to content regulation and audiovisual and media policies, and the right of Member States to organise and use their radio spectrum for public order, public security and defence. As use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market, radio spectrum policy should take into account all sectors and aspects of Union policies and balance their respective needs, while respecting Member States' rights and competences in this field and the cultural, audiovisual and media policies of the Member States.
Amendment 62 #
2016/0288(COD)
Proposal for a directive
Recital 158
Recital 158
(158) Ex ante regulation imposed at the wholesale level, which is in principle less intrusive than retail regulation, is considered sufficient are necessary to tackle potential competition problems on the related downstream retail market or markets. The advances in the functioning of competition since the regulatory framework for electronic communications has been in place are demonstrated by the progressive deregulation of retail markets across the Union. Further, the rules relating to the imposition of ex ante remedies on undertakings with significant market power should be simplified and be made more predictable, where possible. Therefore, the power of imposition of ex ante regulatory controls based on significant market power in retail markets should be repealed. However, there might be instances where, in relation to closely related electronic communications network and services, large operators could also have commercial or structural links on downstream markets, such as media outlets or content platforms and thus affecting competition for the provision of those services. It is important therefore, that national regulatory authorities also evaluate and are in a position to prevent harmful links between telecom markets and other markets by ensuring that there is no negative impact on price evolution, consumer welfare, freedom of expression, net neutrality and media pluralism.
Amendment 65 #
2016/0288(COD)
Proposal for a directive
Recital 196
Recital 196
(196) AThe obligation to ensure available access to affordable internet is a fundamental requirement of universal service isobligation to ensure that all end- users have accessfull geographical coverage at an affordable price to available functional internet access and voice communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.
Amendment 67 #
2016/0288(COD)
Proposal for a directive
Recital 197
Recital 197
(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end-users. This minimum list of services should be further defined by Member States, in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territoryavailable and affordable internet access provided under the universal service obligation should have the capacity to support access to and use of a minimum set of basic internet services needed to allow citizens an adequate level of social inclusion and participation in the digital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internet access services or minimum bandwidth adopted under the universal service obligation.
Amendment 72 #
2016/0288(COD)
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for disabled end- users, including equipment with assistive technologi with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. _________________ 38 OJ C […], […], p. […].
Amendment 78 #
2016/0288(COD)
Proposal for a directive
Recital 254
Recital 254
(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end- users, the elderly with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.
Amendment 82 #
2016/0288(COD)
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and if technically possible automatically activated in case of emergency.
Amendment 83 #
2016/0288(COD)
Proposal for a directive
Recital 266 b (new)
Recital 266 b (new)
(266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.
Amendment 84 #
2016/0288(COD)
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘‘Must carry’ obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and television broadcast channelaudiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.
Amendment 87 #
2016/0288(COD)
Proposal for a directive
Recital 270
Recital 270
(270) NetworkElectronic communications networks and services used for the distribution of radio or televisionaudiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcasts. Must carry obligations canshould include the transmission of services specifically designed to enable appropriate access by disabled userequivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data supporting those functionalities canhould be included in must carry obligations.
Amendment 94 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;
Amendment 96 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including cultural diversity and media pluralism and in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 102 #
2016/0288(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The provisions of this Directive shall be without prejudice to existing EU law and to measures taken at national level for the allocation of radio spectrum as a valuable public asset which aims to pursue general interest objectives to organize and use spectrum for public order, security and defence and to promote media pluralism and cultural, linguistic and media diversity.
Amendment 106 #
2016/0288(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
4. At the request of a Member State or upon its own initiative, the Commission may, taking utmost account of the opinion of the Radio Spectrum Policy Group, adopt implementing measuresdelegated act to resolve cross- border harmful interferences between two or several Member States which prevent them from using the harmonised radio spectrum in their territory. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 110(4)Article 109 and shall be based on European and national rules for the allocation of spectrum used at the national level for broadcasting services.
Amendment 110 #
2016/0288(COD)
Proposal for a directive
Article 35 – paragraph 3 – subparagraph 1 – point b
Article 35 – paragraph 3 – subparagraph 1 – point b
(b) ensure effective and efficient use of radio spectrum, but at the same time taking into account of the public interest and the social, cultural and economic value of spectrum as a whole; and
Amendment 111 #
2016/0288(COD)
Proposal for a directive
Article 35 – paragraph 4 – point f a (new)
Article 35 – paragraph 4 – point f a (new)
(fa) the principles of services and technological neutrality and of effective and efficient use of spectrum;
Amendment 114 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point h a (new)
Article 45 – paragraph 2 – subparagraph 1 – point h a (new)
(ha) ensuring that any change in policy with regard to the efficient use of spectrum takes account of its impact on the public interest in terms of interference and costs;
Amendment 115 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC, and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and the Decision on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 119 #
2016/0288(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point a
Article 46 – paragraph 1 – subparagraph 2 – point a
(a) the specific characteristics of the radio spectrum concerned and the current and planned use of different available radio spectrum bands;
Amendment 120 #
2016/0288(COD)
Proposal for a directive
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
In order to coordinate the use of harmonised radio spectrum in the Union and taking due account of the different national market situations and without prejudice to existing European rules, the Commission may, by way of an implementing measure delegated act:
Amendment 121 #
2016/0288(COD)
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
Those implementing measuredelegated acts shall be adopted in accordance with the examination procedure referred to in Article 110(4)09, taking utmost account of the opinion of the Radio Spectrum Policy Group.
Amendment 122 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, media pluralism, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 125 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcasting services specified by the Member State, obligations on operators to provide access to the other facilitiincluding for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and obligations on devices, graphical user interfaces and operating systems to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 127 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 4 a (new)
Article 65 – paragraph 4 a (new)
4a. The national regulatory authority may also impose obligations in relation to electronic communication networks or services owned or controlled by an operator with significant market power, which is also closely related to other markets and industries if there is a real risk that the market power held by the electronic communication operator can be or is used to leveraged its power or discriminate against its competitors in other closely related markets or industries.
Amendment 132 #
2016/0288(COD)
Proposal for a directive
Article 79 – title
Article 79 – title
Available and affordable universal service
Amendment 133 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functional internet access and voice communications services at thea minimum level of quality specified in their territory, including the underlying connection, at least at a fixed location. Member States shall ensure that the services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.
Amendment 135 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functionalminimum level of internet access service referred to in paragraph 1 with a view to adequately reflect the services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supportingMember States shall be guided by the minimum set of services set out in Annex V.
Amendment 149 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States mayshall impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks and services use them as their principal means to receive radio and television broadcast channelaudiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 153 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 155 #
2016/0288(COD)
Proposal for a directive
Annex V – subheading 1
Annex V – subheading 1
MINIMUM LIST OF SERVICES WHICH THE FUNCTIONAL INTERNET ACCESS SERVICE SHALL BE CAPABLE OF SUPPORTINGIVERSAL SERVICES OBLIGATION SHALL PROVIDE IN ACCORDANCE WITH ARTICLE 79(2)
Amendment 156 #
2016/0288(COD)
Proposal for a directive
Annex V – point 10
Annex V – point 10
(10) social media and instant messaging, including real time text
Amendment 157 #
2016/0288(COD)
Proposal for a directive
Annex V – point 11
Annex V – point 11
(11) calls and video calls (standard quality suitable for sign language use)
Amendment 158 #
2016/0288(COD)
Proposal for a directive
Annex V – point 11 a (new)
Annex V – point 11 a (new)
(11a) audiovisual media services and radio services
Amendment 160 #
2016/0288(COD)
Proposal for a directive
Annex X – subheading 1
Annex X – subheading 1
INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105
Amendment 161 #
2016/0288(COD)
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)
Amendment 166 #
2016/0288(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should be able to ensure, in the interest of media pluralism and cultural diversity and an informed citizenship, that citizens have access to a wide range of information and public value content provided by media service providers, in line with the evolution of media distribution systems and relevant business models.
Amendment 167 #
2016/0288(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive does not affect the application to radio equipment of Directive 2014/53/EU, but does cover consumer equipment used for radio and digital television.
Amendment 170 #
2016/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non-discriminatory application of the present Directive to the different service providers. Technological and market evolution has brought networks to move to internet protocol technology, and enabled end-users to choose between a range of competing voice service providers. Therefore, the term 'publicly available telephone service', exclusively used in Directive 2002/22/EC and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term 'voicetwo-way communications'. Conditions for the provision of a service should be separated from the actual definitional elements of a voicetwo-way communications service, i.e. an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan, whether such a service is based on circuit switching or packet switching technology. It is the nature of such a service that it is bidirectional, enabling both the parties to communicate. A service which does not fulfil all these conditions, such as for example a ‘'click-through’' application on a customer service website, is not such a service. VoiceTwo-way communications services also include means of communication specifically intended for disabled end- users with disabilities using text or video relay or total conversation services, such as voice, video and real-time text, singly or in combination, within the same call).
Amendment 178 #
2016/0288(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied against counter-performance other than money, for instance by giving access to personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie)and information collected by the undertaking. In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. __________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 179 #
2016/0288(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, aAll communication services, whether or not they are ancillary to another principal service, shall be boulnd not beby the rules on consfidered as an interpersonalntiality and security of communications service i. If the interpersonal and interactive communication facility is a purely a minor ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the, all other provisions beyond rules on security of communications in this Directive shall not apply to such ancillary services.
Amendment 184 #
2016/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The activities of competent authorities established under this Directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity, media pluralism, employment, the environment, social cohesion and town and country planning.
Amendment 193 #
2016/0288(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Member States should ensure that end-users with disabilities enjoy equal access and choice to electronic communication services, in respect to the obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and according to the UNCRPD Committee General Comment nº 2 on Accessibility on the application of Universal Design approach. Member States should therefore take the necessary measures, including ex ante conditions, to ensure that electronic communication service providers and related equipment manufacturers make their services and products accessible for end-users with disabilities following a Universal Design approach.
Amendment 198 #
2016/0288(COD)
Proposal for a directive
Recital 69
Recital 69
(69) In the context of a competitive environment, the views of interested parties, including users and consumers, should be taken into account by national regulatory authorities when dealing with issues related to end-users' rights. Out-of- court dispute settlement procedures may constitute a fast and cost-efficient way end- users to enforce their rights, in particular for consumers and micro and small enterprises. For consumer disputes, effective, non-discriminatory and inexpensive procedures to settle their disputes with providers of publicly available electronic communications services are already ensured by Directive 2013/11/EU of the European Parliament and of the Council31 in so far as relevant contractual disputes are concerned and the consumer is resident and the undertaking is established within the Union. As many Member States have established dispute resolution procedures also for end-users other than consumers, to whom Directive 2013/11/EU does not apply, it is reasonable to maintain the sector-specific dispute resolution procedure for both consumers and, where Member States extend it, also for other end-users, in particular micro and small enterprises. Consumers should always be allowed to resolve their disputes with undertakings providing electronic communications networks and services through sector-specific dispute resolution procedure, if they wish to do so. In view of the deep sectorial expertise of national regulatory authorities, Member States should enable the national regulatory authority to act as dispute settlement entity, through a separate body within that authority which should not be subject to any instructions. Dispute resolution procedures under this Directive that involve consumers should be subject to clear and efficient procedures and the quality requirements set out in Chapter II of Directive 2013/11/EU. __________________ 31 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
Amendment 200 #
2016/0288(COD)
Proposal for a directive
Recital 90
Recital 90
(90) Providers of public electronic communications networks or publicly available electronic communications services, or of both, should be required to take measures to safeguard the security of their networks and services, respectively. Having regard to the state of the art, those measures should ensure a level of security of networks and services appropriate to the risks posed. Security measures should take into account, as a minimum, all the relevant aspects of the following elements: as regards security of networks and facilities: physical and environmental security, security of supplies, access control to networks and integrity of networks; as regards incident handling: incident-handling procedures, incident detection capability, incident reporting and communication; as regards business continuity management: service continuity strategy and contingency plans, disaster recovery capabilities; and as regards monitoring, auditing and testing: monitoring and logging policies, exercise contingency plans, network and service testing, security assessments and compliance monitoring; and compliance with international standards. In a situation of security breach, end-users should be informed accordingly of any potential risks and possible protective measures or remedies which they can use.
Amendment 204 #
2016/0288(COD)
Proposal for a directive
Recital 127
Recital 127
(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented from sharing access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re-use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed.Providers shall ensure that such access is given with the explicit consent of end-users, is not detrimental to the conditions of an end-users' own access and liability is not born by the end- user giving the access to their network located at the end-user's premises. In addition, Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. __________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).
Amendment 208 #
2016/0288(COD)
Proposal for a directive
Recital 195
Recital 195
(195) Basic broadband internet access is virtually universally available across the Union and very widely used for a wide range of activities. However, the overall take-up rate is lower than availability as there are still those who are disconnected by reasons related to awareness, cost, skills and by choice. Affordable functional, accessible and available internet access has become of crucial importance to society and the wider economy. It provides the basis for participation in the digital economy and society through essential online internet services.
Amendment 212 #
2016/0288(COD)
Proposal for a directive
Recital 196
Recital 196
(196) A fundamental requirement of universal service is to ensure that all end- users havefollow a Universal Design approach in order to ensure that all end-users, including end-users with disabilities, have equal access ato an affordable price toand available functional internet access and voicetwo-way communications services, at least at a fixed location to all citizens, especially for socially disadvantaged communities. Member States should also have the possibility to ensure affordability, availability and accessibility of services not provided at a fixed location butlso to citizens on the move, where they deem this necessary to ensure their full social and economic participation in society. There should be no limitations on the technical means by which the connection is provided, allowing for wired or wireless technologies, nor any limitations on the category of operators which provide part or all of universal service obligations.
Amendment 214 #
2016/0288(COD)
Proposal for a directive
Recital 197
Recital 197
(197) The speed of Internet access experienced by a given user may depend on a number of factors, including the provider(s) of Internet connectivity as well as the given application for which a connection is being used. The affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic servicesavailable, affordable and accessible internet access provided under the universal service obligation should have the capacity to support access to and use of basic internet services and minimum bandwidth that reflect the services used byneeds of the majority of end-users. This minimum list of services should be fur and is needed to allow citizens an adequate level of social inclusion and participation in ther defined by Member States, in order to allow an adequate level of social inclusion and participation in the digital sociigital society and economy in their territory. This would ensure that all consumers have access to what is a standard basic broadband in the Member State. The requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015, should apply to any list of internety and economy in their territoryccess services or minimum bandwidth adopted under the universal service obligation.
Amendment 217 #
2016/0288(COD)
Proposal for a directive
Recital 200
Recital 200
(200) Affordable price means a price defined by Member States at national level in the light of specific national conditions, and may involve special tariff options or packages to deal with the needs of low- income users or users with special social needs, including the elderly, the disabled and the end-users. These end-users may include older people living in rural or geographically isolated areas. These offers should be provided with basic features, in order to avoid distortion of the functioning of the marketensure their right to access publicly available electronic communication services. Affordability for individual end- users should be founded upon their right to contract with an undertaking, availability of a number, continued connection of service and their ability to monitor and control their expenditure.
Amendment 220 #
2016/0288(COD)
Proposal for a directive
Recital 201
Recital 201
(201) It should no longer be possible to refuse end-users access to the minimum set of connectivity services. A right to contract with an undertaking should mean that end- users who might face refusal, in particular those with low incomes or special social needs, should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location. In order to minimise the financial risks such as non- payment of bills, undertakings should be free to provide the contract under pre- payment terms, on the basis of affordable individual pre-paid units.
Amendment 223 #
2016/0288(COD)
Proposal for a directive
Recital 206
Recital 206
(206) Member States should introduce measures to promote the creation of a market for affordabased on a Universal Design approach for affordable and accessible products and services incorporating facilities for disabled end- users, including equipment with assistive technologi with disabilities, including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services. This can be achieved, inter alia, by referring to European standards, or by introducing requirements in accordance with Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services38 Member States should define appropriate measures according to national circumstances, which gives flexibility for Member States to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for disabled end- users with disabilities under normal economic conditions. __________________ 38OJ C […], […], p. […]. 38 OJ C […], […], p. […].
Amendment 225 #
2016/0288(COD)
Proposal for a directive
Recital 207
Recital 207
(207) For data communications at data rates that are sufficient to permit a functionaln Internet access, fixed-line connections are nearly universally available and used by a majority of citizens across the Union. The standard fixed broadband coverage and availability in the Union stands at 97% of homes in 2015, with an average take-up rate of 72%, and services based on wireless technologies have even greater reach. However, there are differences between Member States as regards availability and affordability of fixed broadband across urban and rural areas.
Amendment 226 #
2016/0288(COD)
Proposal for a directive
Recital 208
Recital 208
(208) The market has a leading role to play in ensuring availability of broadband internet access with constantly growing capacity. In areas where the market would not deliver, other public policy tools to support availability of functional internet access connections appear, in principle, more cost-effective and less market- distortive than universal service obligations, for example recourse to financial instruments such as those available under EFSI and CEF, the use of public funding from the European structural and investment funds, attaching coverage obligations to rights of use for radio spectrum to support the deployment of broadband networks in less densely populated areas and public investment in conformity with Union State aid rules.
Amendment 227 #
2016/0288(COD)
Proposal for a directive
Recital 209
Recital 209
(209) If after carrying out a due assessment, taking into account the results of the geographical survey of networks deployment conducted by the national regulatory authority, it is shown that neither the market nor public intervention mechanisms are likely to provide end-users in certain areas with a connection capable of delivering functional internet access service as defined by Member States in accordance with Article 79 (2) and voice communications services at a fixed location, the Member State should be able to exceptionally designate different undertakings or sets of undertakings to provide these services in the different relevant parts of the national territory. Universal service obligations in support of availability of functional internet access service may be restricted by Member States to the end-user’s primary location or residence. There should be no constraints on the technical means by which the functional internet access and voice communications services at a fixed location are provided, allowing for wired or wireless technologies, nor any constraints on which operators provide part or all of universal service obligations.
Amendment 228 #
2016/0288(COD)
Proposal for a directive
Recital 214
Recital 214
(214) In order to provide stability and support a gradual transition, Member States should be able to continue to ensure the provision of universal services in their territory, other than functional internet access and voice communications services at a fixed location, that are included in the scope of their universal obligations on the basis of Directive 2002/22/EC at the entry into force of this Directive, provided the services or comparable services are not available under normal commercial circumstances. Public pay telephones and communications access points should be provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities Allowing the continuation of the provision of public payphones, directories and directory enquiry services under the universal service regime, as long as the need is still demonstrated, would give Member States the flexibility necessary to duly take into account the varying national circumstances. However, the financing of such services should be done via public funds as for the other universal service obligations.
Amendment 229 #
2016/0288(COD)
Proposal for a directive
Recital 215
Recital 215
(215) Member States should monitor the situation of end-users with respect to their use of functional internet access and voice communications services and in particular with respect to affordability and availability. The affordability of functional internet access and voicetwo-way communications services is related to the information which users receive regarding usage expenses as well as the relative cost of usage compared to other services, and is also related to their ability to control expenditure. Affordability therefore means giving power to consumers through obligations imposed on undertakings. These obligations include a specified level of itemised billing, the possibility for consumers selectively to block certain calls (such as high-priced calls to premium services), the possibility for consumers to control expenditure via pre-payment means and the possibility for consumers to offset up-front connection fees. Such measures may need to be reviewed and changed in the light of market developments.
Amendment 230 #
2016/0288(COD)
Proposal for a directive
Recital 217
Recital 217
(217) Where the provision of functional internet access and voicetwo-way communications services or the provision of other universal services in accordance with Article 85 the universal service obligation under this directive result in an unfair burden on an undertaking, taking due account of the costs and revenues as well as the intangible benefits resulting from the provision of the services concerned, that unfair burden can be included in any net cost calculation of universal obligations.
Amendment 232 #
2016/0288(COD)
Proposal for a directive
Recital 221
Recital 221
(221) When a universal service obligation represents an unfair burden on an undertaking, it is appropriate to allow Member States to establish mechanisms for efficiently recovering net costs. The net costs of universal service obligations should be recovered via public funds or through a private mechanism. Functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole. Providing a connection which supports broadband speeds to an increased number of end-users enables them to use online services and so actively to participate in the digital society. Ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers. Therefore Member States should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds, which should be understood to comprise funding from general government budget or through sharing the costs between providers of electronic communication networks and services, and information society services.
Amendment 233 #
2016/0288(COD)
Proposal for a directive
Recital 227
Recital 227
(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning service for reporting missing children is actually available in their territories under the number ‘116000’. Member States shall ensure that a review of their national system is carried out regarding transposition and implementation of the Directive, taking into account the measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging the financial resources necessary to operate the hotline.
Amendment 234 #
2016/0288(COD)
Proposal for a directive
Recital 227
Recital 227
(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning service for reporting missing children is actually available in their territories under the number ‘116000’. The definition of missing children falling under the 116000 number should include the following categories children: runaways, international child abductions, missing children, parental abductions, missing migrant children, criminal abductions and lost, sexual abuses and where the life of a child is at risk.
Amendment 235 #
2016/0288(COD)
Proposal for a directive
Recital 227 a (new)
Recital 227 a (new)
Amendment 238 #
2016/0288(COD)
Proposal for a directive
Recital 232
Recital 232
(232) Provisions on contracts in this Directive should apply irrespective the amount of any payment to be made by the customer. They should apply not only to consumers but also to micro and small enterprises as defined in Commission Recommendation 2003/361/EC, whose bargaining position is comparable to that of consumers and which should therefore benefit from the same level of protection. The provisions on contracts, including those contained in Directive 2011/83/EU onIn order to achieve a high level of consumer protection, several end-user provisions should be reasonably enhanced in this Directive in the light of best practices in Member States. Minimum harmonisation of consumers' rights, should apply automatically to those undertakings unless they prefer negotiating individualised contract terms with providers of electronic communications services. As opposed to micro and small enterprises, larger enterprises usually have stronger bargaining power and do, therefore, not depend on the same contractual information requirements as consumers. Other provisions, such as number portability, which are important also for larger enterprises should continue to apply to all end-users across Europe increases the trust of end-users in the internal market as they benefit from a high level of protection when using electronic communications networks and services. Therefore, Member States should maintain the possibility to have a higher level of end-user protection and to act in areas not covered by this Directive.
Amendment 239 #
2016/0288(COD)
Proposal for a directive
Recital 232 a (new)
Recital 232 a (new)
(232a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 241 #
2016/0288(COD)
Proposal for a directive
Recital 233
Recital 233
(233) The specificities of the electronic communications sector require, beyond horizontal contract rules, a limited number ofn additional end- user protection provisions. End-users should inter alia be informed of any quality of service levels offered,, conditions for promotions and termination of contracts, applicable tariff plans and tariffs for services subject to particular pricing conditions. That information is relevant for most publicly available electronic communications services but not for number-independent interpersonal communications services. In order to enable the end-user to make a well- informed choice, it is essential that the required relevant information is provided prior to the conclusion of the contract and in clear and understandable language. For the same reason, providers should present a summary of the essential contract terms. In order to facilitate comparability and reduce compliance cost, BEREC should issue a template for such contract summaries. The pre-contractual information as well as the summary template should constitute an integral part of the final contract.
Amendment 242 #
2016/0288(COD)
Proposal for a directive
Recital 233 a (new)
Recital 233 a (new)
(233a) Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user and that an appropriate notification shall be sent to the end-user, when consumption of services has reached the financial limit.
Amendment 243 #
2016/0288(COD)
Proposal for a directive
Recital 235
Recital 235
(235) With respect to terminal equipment, the customer contract should specify any reshere a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contriactions imposed by the provider on the use of the equipment, such as by way of ‘SIM-locking’ mobile devices, if such restrictions are not prohibited under national legislation, and any charges due on termination of the contract, whether before or on the agreed expiry date, including any cost imposed in order to retain the equipment. Any charges due at early termination for conclusion exists, the maximum compensation that consumers should pay shall be determined based on either the remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion or the remaining part of the service fee until the end of the contract, whichever amount is smaller. Any restriction on the usage of terminal equipment andon other promotional advantages should be calculated on the basis of customary depreciation methods and on a pro rata temporis basis, respectivelynetworks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 244 #
2016/0288(COD)
Proposal for a directive
Recital 237
Recital 237
(237) The availability of transparent, up- to-date and comparable information on offers and services is a key element for consumers in competitive markets where several providers offer services. End-users should be able to easily compare the prices of various services offered on the market based on information published in an easily accessible form. In order to allow them to make price and service comparisons easily, national regulatory authorities should be able to require from undertakings providing electronic communications networks and/or electronic communications services other than number-independent interpersonal communications services greater transparency as regards information (including tariffs, quality of service, restrictions on terminal equipment supplied, and other relevant statistics). Any such requirements should take due account of the characteristics of those networks or services. They should also ensure that third parties have the right to use, without charge, publicly available information published by such undertakings, in view of providing comparison tools. No internet access or interpersonal communication service provider should be given favourable treatment in search results.
Amendment 248 #
2016/0288(COD)
Proposal for a directive
Recital 244
Recital 244
(244) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their best interest. It is essential to ensure that they are able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. That does not preclude undertakings from setting reasonable minimum contractual periods of up to 24 months in consumer contracts. However, Member States should have the possibility to set a shorter maximum duration in light of national conditions, such as levels of competition and stability of network investments. Independently from the electronic communications service contract, consumers might prefer and benefit from a longer reimbursement period for physical connections. Such consumer commitments can be an important factor in facilitating deployment of very high capacity connectivity networks up to or very close to end-user premises, including through demand aggregation schemes which enable network investors to reduce initial take-up risks. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such reimbursement periods in contracts on physical connections.
Amendment 249 #
2016/0288(COD)
Proposal for a directive
Recital 245
Recital 245
(245) Consumers should be able to terminate theira contract without incurring any costs also in cases of automa a one-month notice prolongation after the expiration of the initial contract termeriod. No termination penalties shall be due.
Amendment 251 #
2016/0288(COD)
Proposal for a directive
Recital 246
Recital 246
(246) Any changes to the contractual conditions improposed by providers of publicly available electronic communications services other than number-independent interpersonal communications services, to the detriment of the end-user, for example in relation to charges, tariffs, data volume limitations, data speeds, coverage, or the processing of personal data should be considered as giving rise to the right of the end-user to terminate the contract without incurring any costs, even if they are combined with some beneficial changes. Subscription to one or more additional services offered should not re- start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.
Amendment 254 #
2016/0288(COD)
Proposal for a directive
Recital 251
Recital 251
(251) NSwitching and number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications and should be implemented with the minimum delay, so that the number is functionally activated within one working day and the user does not experience a loss of service lasting longer than one working day. In order to facilitate a one-stop-shop enabling a seamless switching experience for end- users, the switching process should be led by the receiving provider of electronic communications to the public. National regulatory authorities may prescribe the global process of the porting of numbers, taking into account national provisions on contracts and technological developments. Experience in certain Member States has shown that there is a risk of consumers being switched to another provider without having given their consent. While that is a matter that should primarily be addressed by law enforcement authorities, Member States should be able to impose such minimum proportionate measures regarding the switching process, including appropriate sanctions, as are necessary to minimise such risks, and to ensure that consumers are protected throughout the switching process without making the process less attractive for them.
Amendment 256 #
2016/0288(COD)
Proposal for a directive
Recital 252
Recital 252
(252) Bundles comprising publicly available electronic communications services other than number-independent interpersonal communications services, and other services such as linear broadcasting, or goodsterminal equipment such as devices, have become increasingly widespread and are an important element of competition. While they often bring about benefits for end-users, they can make switching more difficult or costly and raise risks of contractual "lock-in". Where divergent contractual rules on contract termination and switching apply to the different services, and to any contractual commitment regarding acquisition of products which form part of a bundle, consumers are effectively hampered in their rights under this Directive to switch to competitive offers for the entire bundle or parts of it. The provisions of this Directive regarding contracts, transparency, contract duration and termination and switching should, therefore, apply to all elements of a bundle, except to the extent that other rules applicable to the non-electronic communications elements of the bundle are more favourable to the consumer. Other contractual issues, such as the remedies applicable in the event of non-conformity with the contract, should be governed by the rules applicable to the respective element of the bundle, for instance by the rules of contracts for the sales of goods or for the supply of digital content. For the same reasons consumers should not be locked in with a provider by means of a contractual de facto extension of the initial contract period.
Amendment 259 #
2016/0288(COD)
Proposal for a directive
Recital 254
Recital 254
(254) In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end- users, the elderly with disabilities, older people, and users with special social needs, have easy and equal access to affordable and accessible high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Union shall take account of the needs of persons with a disabilityies in drawing up measures under Article 114 of the TFEU.
Amendment 260 #
2016/0288(COD)
Proposal for a directive
Recital 255
Recital 255
(255) End-users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation of any kind of software, from any device which enables number-based interpersonal communications services, private telecommunications networks, relay services and total conversation services and where applicable through internal emergency services, including when using roaming services in a Member State. Emergency communications are means of communication, that include not only voice communications but also SMS, messagingreal-time text, video or other types of communications, including through the use of third party relay services, that are enabled in a Member State to access emergency services. Emergency communication can be triggered on behalf of a person by the eCall in-vehicle system as defined by Regulation 2015/758/EU of the European Parliament and of the Council41 . __________________ 41 Regulation 2015/758/EU of the European Parliament and of the Council concerning type-approval requirements for the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC(OJ L 123, 19.5.2015, p. 77)
Amendment 264 #
2016/0288(COD)
Proposal for a directive
Recital 256
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, including where possible through total conversation services taking into account national specifications and criteria. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services.
Amendment 265 #
2016/0288(COD)
Proposal for a directive
Recital 256 a (new)
Recital 256 a (new)
(256a) In case of an appreciable threat to effective access to emergency services in the future the Commission might extend the emergency services to all interpersonal communications services. Prior to extending the emergency services to interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States’ PSAPs, standardisation bodies and other relevant stakeholders, the feasibility of those services to provide accurate and reliable access to emergency service, including location data, and of the PSAPs to be capable of receiving such communications through number- independent interpersonal communications services. End-users should be informed by the provider of interpersonal communication services if support access to 112 is not provided and in case they do if the call or text does not go to the PSAPs.
Amendment 266 #
2016/0288(COD)
Proposal for a directive
Recital 256 b (new)
Recital 256 b (new)
(256b) There is a current existing deficit when it comes to the reporting and performance measurement by Member States with respect to the answering and handling of emergency calls. Therefore, the Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services and report back to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 269 #
2016/0288(COD)
Proposal for a directive
Recital 257
Recital 257
(257) Member States should take specific measures to ensure that emergency services, including ‘112’, are equally accessible to disabled end-userend-users with disabilities, in particular deaf, hearing-impaired, speech- impaired and deaf-blind users through real time text or the use of third party relay services interoperable with the telephony networks across the EU. This could also involve the provision of special terminal devices for hearing-impaired users, text relay services, or other specific equipmentpeople with disabilities when the abovementioned ways of communication are not suitable for them.
Amendment 270 #
2016/0288(COD)
Proposal for a directive
Recital 259
Recital 259
(259) Caller location information improves the level of protection and the security of end-users and assists the emergency services in the discharge of their duties, provided that the transfer of emergency communication and associated data to the emergency services concerned is guaranteed by the national system of PSAPs. The reception and use of caller location information which includes both network-based location information and where available, enhanced handset caller location information should comply with relevant Union law on the processing of personal data and security measures. Undertakings that provide network-based location should make caller location information available to emergency services as soon as the call reaches that service, independently of the technology used. However handset-based location technologies have proven to be significantly more accurate and cost effective due to the availability of data provided by the EGNOS and Galileo Satellite system and other Global Navigation Satellite Systems and Wi-Fi data. Therefore handset-derived caller location information should complement network-based location information even if the handset-derived location may become available only after the emergency communication is set up. Member States should ensure that the PSAPs are able to retrieve and manage the caller location information available. In addition, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided to the emergency services. The guidelines shall take into account the feasibility of using a mobile terminal equipped with a GNSS devices of mobile terminals in order to improve the accuracy and reliability of the caller location information of a 112 call. The establishment and transmission of caller location information should be free of charge for both the end-user and the authority handling the emergency communication irrespective of the means of establishment, for example through the handset or the network, or the means of transmission, for example through voice channel, SMS or Internet Protocol-based.
Amendment 272 #
2016/0288(COD)
Proposal for a directive
Recital 260 a (new)
Recital 260 a (new)
(260a) Currently, a citizen in Country A who has a need to contact the emergency services in Country B cannot do so because the emergency services have no facility to contact each other. The solution is to have an EU-wide, secure database of telephone numbers for a lead emergency service(s) in each country. Therefore, the Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted in one Member State from another.
Amendment 273 #
2016/0288(COD)
Proposal for a directive
Recital 260 b (new)
Recital 260 b (new)
(260b) Recent terrorist attacks in Europe have highlighted the lack of efficient public warning systems in the Member States and across Europe. It is crucial that Member States can inform all the population in a determined area of on- going disasters/attacks or upcoming threats, through the use of electronic communications networks and services, the establishment of national efficient 'Reverse-112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy and data protection rules. The Commission should also assess if it is feasible to set up a universal, accessible, cross-border EU-wide "Reverse 112 communication system" in order to alert the public in the event of an imminent or developing disaster or major state of emergency across different Member States.
Amendment 275 #
2016/0288(COD)
Proposal for a directive
Recital 261
Recital 261
(261) In order to ensure that disabled end-userend-users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end-users, relevant national authorities should specify, where appropriate and in light of national conditions, consumer protection requirements for disabled end-userend-users with disabilities to be met by undertakings providing publicly available electronic communications services. Such requirements can include, in particular, that undertakings ensure that disabled end-userend-users with disabilities take advantage of their services on equivalent terms and conditions, including prices, tariffs and quality, as those offered to their other end- users, irrespective of any additional costs incurred by these undertakings. Other requirements can relate to wholesale arrangements between undertakings. In order to avoid creating an excessive burdeNational regulatory authorities should verify in consultation with service providers national regulatory authorities should verifyand representative organisations of persons with disabilities, whether the objectives of equivalent access and choice can actually be achieved without such other measures.
Amendment 277 #
2016/0288(COD)
Proposal for a directive
Recital 262
Recital 262
(262) In addition to the affordability measures for disabled userusers with disabilities set out in this Directive, Directive xxx/YYYY/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services sets out several compulsory requirements for the harmonisation of a number of accessibility features for disabled userusers with disabilities of electronic communications services and related consumer terminal equipment. Therefore the corresponding obligation in this Directive that required Member States to encourage the availability of terminal equipment for disabled userusers with disabilities has become obsolete and should be repealed except for the provision of assistive technologies interoperable with publicly available electronic communication terminal equipment and services, when the latter do not meet the needs of specific groups of persons with disabilities.
Amendment 282 #
2016/0288(COD)
Proposal for a directive
Recital 265
Recital 265
(265) End-users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the Union for the reception of radio and digital television. Member States should be able to require minimum harmonised standards in respect of such equipment. Such standards could be adapted from time to time in the light of technological and market developments.
Amendment 285 #
2016/0288(COD)
Proposal for a directive
Recital 266 a (new)
Recital 266 a (new)
(266a) Radio sets should be capable of receiving radio by analogue and digital broadcasting and/or IP networks in order to ensure that interoperability in the digital age is maintained. This will also improve public safety by allowing listeners to receive information in case of emergency of natural or manmade disaster, as well as traffic information when travelling between Member States, irrespective of the technology used. For this reason the presence of analogue and digital broadcast reception capability should be enabled in all devices and, if technically possible, automatically activated in case of emergency.
Amendment 288 #
2016/0288(COD)
Proposal for a directive
Recital 266 b (new)
Recital 266 b (new)
(266b) Consumer equipment enabling the reception of radio and audio signals is to possess the capability to receive radio in a technology neutral manner. Therefore, independently from the standard used in each Member State, all consumer equipment enabling the reception of radio and audio signals should be able to receive analogue and digital radio reception, and via IP networks. This should not apply to low price and smallest consumer electronics.
Amendment 290 #
2016/0288(COD)
Proposal for a directive
Recital 269
Recital 269
(269) Member States should be able to lay down proportionate obligations on undertakings under their jurisdiction, in the interest of legitimate public policy considerations, but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law and should be proportionate and transparent. ‘'Must carry' obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content; 'Must carry’' obligations may be applied to specified radio and television broadcast channelaudiovisual media services and complementary services supplied by a specified media service provider. Obligations imposed by Member States should be reasonable, that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public, such as media pluralism and cultural diversity and in line with the evolution of media distribution systems, consumer trends and related business models. Member States should provide an objective justification for the ‘'must carry’' obligations that they impose in their national law so as to ensure that such obligations are transparent, proportionate and clearly defined. The obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. Obligations should be subject to periodic review at least every five years in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Obligations could, where appropriate, entail a provision and rules for proportionate remuneration. Any 'must carry' obligation remains independent from, and does not prejudice, the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned.
Amendment 294 #
2016/0288(COD)
Proposal for a directive
Recital 270
Recital 270
(270) NetworkMust-carry obligations should be applied in a technologically neutral manner taking into account evolving media distribution systems and consumer trends. Electronic communications networks and services used for the distribution of radio or televisionaudiovisual media services broadcasts to the public include cable, IPTV, satellite and terrestrial broadcasting networks. They might also include other networks to the extent that a significant number of end- users use such networks as their principal means to receive radio and television broadcastaudiovisual media services. Must carry obligations canshould include the transmission of services specifically designed to enable appropriate access by disabled userequivalent access by users with disabilities. Accordingly complementary services include, amongst others, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation. Because of the growing provision and reception of connected TV services and the continued importance of electronic programme guides for user choice the transmission of accessible programme-related data supporting those functionalities canhould be included in must carry obligations.
Amendment 305 #
2016/0288(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
On the other hand, it is to ensure the provision throughout the Union of good- quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including disabled useraccess to services on an equal basis with other end- users by users with disabilities, are not satisfactorily met by the market and to lay down the necessary end- user rights.
Amendment 311 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 318 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘call’ means a connection established by means of a publicly available interpersonal communications service allowing two-way voice communication, through voice, video and/or real time text and through text relay and video relay services;
Amendment 322 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voiceTwo-way communications’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan; supporting voice, video and real time text communication solely or in any combination, through a number or numbers in a national or international telephone numbering plan and through text relay and video based relay services; (Horizontal amendment: voice communications should be replaced throughout the text with two-way communications)
Amendment 330 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 331 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shall pursue each of the general objectives below. The expression of the list in the order form (a) to (d) does not constitute a ranking of the general objectives:
Amendment 332 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile, by all Union citizens and businesses;
Amendment 333 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promote competition in the provision of electronic communications networks, services and associated facilities, including efficient infrastructure-based competition, and in the provision of electronic communications services and associated services;
Amendment 334 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market in particular by ensuring effective and fair competition, as well as social and territorial cohesion by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans-European networks, the availability and interoperability of pan- European services, and end-to-end connectivity and equivalent access for all end-users;
Amendment 335 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, cultural diversity and media pluralism and including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services including through video, real time text, and relay services for end-users with disabilities, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common level of proteclevel of consumer protection through minimum harmonisation for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 339 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 5 a (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 5 a (new)
– monitoring closely the development of the Internet of Things in order to ensure competition, consumer protection and cybersecurity;
Amendment 341 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6
Article 5 – paragraph 1 – subparagraph 2 – indent 6
– ensuring consumer protection and end-user rights in the electronic communications sector, including equal access and choice for end-users with disabilities;
Amendment 356 #
2016/0288(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Member States shall ensure as far as appropriate that national regulatory authorities take account of the views of end-users, consumers (including, in particular, disabled consumers)consumers with disabilities, manufacturers and undertakings that provide electronic communications networks and/or services, as well as their representative organisations, on issues related to all end-user and consumer rights, including equivalent access and choice for end-users with disabilities, concerning publicly available electronic communications services, in particular where they have a significant impact on the market.
Amendment 361 #
2016/0288(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that consumers, including persons with disabilities have access to transparent, non- discriminatory, simple, fast, fair and inexpensive out-of-court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number-independent interpersonal communicationsnetworks and services, arising under this Directive and relating to the contractual conditions and/or performance of contracts concerning the supply of those networks and/or services. Providers of publicly available electronic communications networks and services shall not refuse consumer's request to resolve a dispute with the consumer through an out-of-court dispute resolution on the basis of clear and efficient procedures and guidelines. Member States shall enable the national regulatory authority to act as a dispute settlement entity. Such procedures shall comply with the quality requirements set out in Chapter II of Directive 2013/11/EU. Member States may grant access to such procedures to other end-users, in particular micro and small enterprises.
Amendment 366 #
2016/0288(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In the event of a dispute arising in connection with existing obligations under this Directive between undertakings providing electronic communications networks or services in a Member State, or between such undertakings and other undertakings in the Member State benefiting from obligations of access and/or interconnection or between undertakings providing electronic communications networks or services in a Member State and providers of associated facilities, the national regulatory authority concerned shall, at the request of either party, and without prejudice to paragraph 2, issue a binding decision to resolve the dispute in the shortest possible time frame on the basis of clear and efficient procedures and guidelines and in any case within four months, except in exceptional circumstances. The Member State concerned shall require that all parties cooperate fully with the national regulatory authority.
Amendment 372 #
2016/0288(COD)
Proposal for a directive
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
(b) numbering, including number ranges, portability of numbers and identifiers, number and address translation systems, and access to 112 emergency servicinteroperability of total conversation services and access to 112 emergency services, including for persons with disabilities.
Amendment 374 #
2016/0288(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 4
Article 39 – paragraph 2 – subparagraph 4
Amendment 375 #
2016/0288(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. If the standards and/or specifications referred to in paragraph 1 have not been adequately implemented so that interoperability of services in one or more Member States cannot be ensured, the implementation of such standards and/or specifications may be made compulsory and free of charge under the procedure laid down in paragraph 4, to the extent strictly necessary to ensure such interoperability and to improve freedom of choice for users.
Amendment 392 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 3 – subparagraph 4 a (new)
Article 40 – paragraph 3 – subparagraph 4 a (new)
Member States shall ensure that in case of a particular security breach in public communication networks or publicly available electronic communication services, providers of such networks or services shall inform their end-users of the security breach, potential risks and of any possible protective measures or remedies which can be taken by the end- users.
Amendment 409 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shallmay not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-userto the prior informed and explicit agreement of the end-user and to the condition that the bandwidth contracted by the end-user shall not be impacted/reduced. End-users that agree to make available publicly available radio local area networks deliver through their terminal equipment and/or that use the electronic communication service they are a subscriber of, shall never be deemed liable for any activity undertaking by another person or legal entity connected through the radio local area network.
Amendment 413 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, including total conversation services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, media pluralism, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed among other remedies.
Amendment 415 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point b
Article 59 – paragraph 1 – subparagraph 2 – point b
(b) in justified cases and to the extent that is necessary, obligations on those undertakings that are subject to general authorisation and that control access to end-users to make their services interoperable; including services that connect with the publicly switched telephone network by means of an assigned numbering resources or that enable communications with a number or numbers in national or international telephone numbering plan to make their services interoperable including for real time text and video calls;
Amendment 419 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
(c) in justified cases, and where technically feasible, obligations on providers of number-independent interpersonal communications services to make their services interoperable, namely where effective competition, access to emergency services or end-to-end connectivity between end- users is endangered due to a lack of interoperability between interpersonal communications services.
Amendment 420 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d
Article 59 – paragraph 1 – subparagraph 2 – point d
(d) to the extent that is necessary to ensure accessibility for end-users to digital radio and television broadcasting, including for end-users with disabilities, to digital radio and audiovisual media services as well as related complementary services specified by the Member State, obligations on operators to provide access to the other facilities and to provide access to radio and audio or audiovisual media services referred to in Annex II, Part II on fair, reasonable and non-discriminatory terms.
Amendment 423 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
Article 59 – paragraph 1 – subparagraph 2 – point d a (new)
(da) to the extent that it is necessary obligations on devices, graphical users interfaces and operating systems to provide non-discriminatory access to radio and their ancillary audio or audio- visual media services specified by the Member States, as stated in Annex II part II.
Amendment 427 #
2016/0288(COD)
Proposal for a directive
Article 60 – paragraph 4
Article 60 – paragraph 4
4. Conditions applied in accordance with this Article and Article 59 are without prejudice to the ability of Member States to impose obligations in relation to the presentational aspect of electronic programme guides and similaother listing and navigation facilities.
Amendment 450 #
2016/0288(COD)
Proposal for a directive
Article 79 – title
Article 79 – title
Available, Accessible and Affordable universal service
Amendment 451 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functionalbroadband internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location. The available, accessible and affordable universal service is indispensable for enabling social inclusion and providing a social safety net by establishing a right to a basic internet access service. (Horizontal amendment: the word "functional" should be deleted throughout the text)
Amendment 457 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1 a (new)
Article 79 – paragraph 1 a (new)
1a. Member States shall ensure that the internet services provided through the universal service obligation under this Directive must comply with the requirements of Union legislation on open internet, in particular of Regulation (EU) No 2015/2120 of the European Parliament and of the Council of 25 November 2015.
Amendment 460 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functional internet access services referred to in paragraph 1 with a view to adequatelensure they reflect the services used by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex V.
Amendment 462 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member States shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflectensure they deliver these services ubased by the majority of end-users in their territory. To that end, the functional internet access service shall be capable of supporting the minimum set of services set out in Annex Von minimum requirements such as the bandwidth the majority of end-users is subscribed to at a fixed location.
Amendment 467 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 3
Article 79 – paragraph 3
3. When an end-user so requests, the connection referred to in paragraph 1 may be limited to support voicetwo-way communications only.
Amendment 468 #
2016/0288(COD)
Proposal for a directive
Article 80 – title
Article 80 – title
Provision of available, accessible and affordable universal service
Amendment 471 #
2016/0288(COD)
Proposal for a directive
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Where Member States establish that, in the light of national conditions, retail prices for services identified in Article 79(1) are not affordable, because low-income or special social needs end- users are prevented from accessing such services, they may require undertakings which provide such services to offer to those end-users tariff options or packages different from those provided under normal commercial conditions. To that end, Member States mayshall require such undertakings to apply common tariffs, including geographic averaging, throughout the territory. Member States shall ensure that end-users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in Article 79(1) and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service.
Amendment 474 #
2016/0288(COD)
Proposal for a directive
Article 80 – paragraph 4
Article 80 – paragraph 4
4. Member States mayshall, in the light of national conditions, ensure that support is provided to low-income or special social needs end-users in view of ensuring affordability of functional internet access and voicetwo- way communications services at least at a fixed location.
Amendment 477 #
2016/0288(COD)
Proposal for a directive
Article 80 – paragraph 5
Article 80 – paragraph 5
5. Member States shall ensure, in the light of national conditions, that support is provided as appropriate to end-users with disabilities, orand that other specific measures are taken, in view of ensuring that accessibility related terminal equipment, and specific equipment and specific services, including text and video relay services, enhancing equivalent access are affordable. Average cost of relay services for the end-user shall not exceed the average cost of voice communication services.
Amendment 480 #
2016/0288(COD)
Proposal for a directive
Article 80 – paragraph 6
Article 80 – paragraph 6
6. When applying this Article, Member States shall seek to establish appropriate safeguards for end-users and minimise market distortions.
Amendment 483 #
2016/0288(COD)
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. Where a Member State has duly demonstrated, account taken of the results of the geographical survey conducted in accordance with Article 22(1), that the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service cannot be ensured under normal commercial circumstances or through other potential public policy tools, it mayshall impose appropriate universal service obligations to meet all reasonable requests for accessing those services in its territory.
Amendment 485 #
2016/0288(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
2. Member States shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo- way communications service, whilst respecting the principles of objectivity, transparency, non- discrimination and proportionality. They shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.
Amendment 489 #
2016/0288(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. In particular, where Member States decide to impose obligations to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service, they may designate one or more undertakings to guarantee the availability at a fixed location of functional internet access service as identified in accordance with Article 79(2) and of voicetwo-way communications service in order to cover all the national territory. Member States may designate different undertakings or sets of undertakings to provide functional internet access and voicetext and video relay services, internet access and text and video relay services, two-way communications services at a fixed location and/or to cover different parts of the national territory.
Amendment 491 #
2016/0288(COD)
Proposal for a directive
Article 81 – paragraph 4
Article 81 – paragraph 4
4. When Member States designate undertakings in part or all of the national territory as undertakings having the obligation to ensure the availability at a fixed location of functional internet access service as defined in accordance with Article 79(2) and of voicetwo-way communications service, they shall do so using an efficient, objective, transparent and non- discriminatory designation mechanism, whereby no undertaking is a priori excluded from being designated. Such designation methods shall ensure that functional internet access and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Article 84.
Amendment 494 #
2016/0288(COD)
Proposal for a directive
Article 82 – paragraph 1
Article 82 – paragraph 1
Member States may continue to ensure the availability or affordability of other services than functional internet access service as defined in accordance with Article 79(2) and voicetwo-way communications service at a fixed location that were in force prior to [set date], if the need for such services is duly demonstrated in the light of national circumstances. When Member States designate undertakings in part or all of the national territory for the provision of those services, Article 81 shall apply. Financing of these obligations shall comply with Article 85.
Amendment 497 #
2016/0288(COD)
Proposal for a directive
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
Member States shall ensure that public pay telephones and two-way communications access points are provided in key points, such as airports or train and bus stations, as well as places used by people in cases of emergencies, such as hospitals, police stations and highway emergency areas, to meet the reasonable needs of end-users, including end-users with disabilities.
Amendment 500 #
2016/0288(COD)
Proposal for a directive
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
Member States shall ensure that it is possible to make emergency calls from public pay telephones and two-way communication access points using the single European emergency call number '112' , '116'and other national emergency numbers all free of charge.
Amendment 503 #
2016/0288(COD)
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Where, on the basis of the net cost calculation referred to in Article 84, national regulatory authorities find that an undertaking is subject to an unfair burden, Member States shall, upon request from the undertaking concerned, decide to introduce a mechanism in accordance with Article 84, of the obligations laid down in Articles 79, 81 and 82: to compensate that undertaking for the determined net costs under transparent conditions from public funds. Only or to share the net cost, as determined in accordance with Article 84, of the obligations laid down in Arts of universal service obligations between providers of electronic communication networks and servicles 79, 81 and 82 may be finan, and information society serviceds.
Amendment 512 #
2016/0288(COD)
Proposal for a directive
Article 87 – paragraph 2
Article 87 – paragraph 2
2. National regulatory authorities may also grant rights of use for numbering resources from the national numbering plans for the provision of specific services to undertakings other than providers of electronic communications networks or services, provided that those undertakings demonstrate their ability to manage those numbers and sufficient and adequate numbering resources are made available to satisfy current and foreseeable future demandcomply with any relevant requirements. National regulatory authorities may suspend the granting of numbering resources to such undertakings if it is demonstrated that there is a risk of exhaustion of numbering resources. By [entry into force plus 18 months] in order to contribute to the consistent application of this paragraph, BEREC shall adopt, after consulting stakeholders and in close cooperation with the Commission, guidelines on common criteria for the assessment of the ability to manage numbering resources and the risk of exhaustion of numbering resources.
Amendment 513 #
2016/0288(COD)
Proposal for a directive
Article 87 – paragraph 5 – subparagraph 1
Article 87 – paragraph 5 – subparagraph 1
Member States shall ensure that the ‘'00’' code is the standard international access code. Special arrangements for making calluse of number-based interpersonal communication services between locations adjacent to one another across borders between Member States may be established or continued. End-users in the locations concerned shall be fully informed of such arrangements or agreements.
Amendment 514 #
2016/0288(COD)
Proposal for a directive
Article 87 – paragraph 6
Article 87 – paragraph 6
6. Member States shall promote the over –the-air provisioning of numbering resources, - where technically feasible - to facilitate switchainge of providers of electronic communications networks or services by end-users other than consumers, in particular providers and users of machine- to-machine services..
Amendment 518 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children free of charge. The hotline shall be available on the number ‘116000’.
Amendment 520 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall ensure that disabled end-userend-users with disabilities are able to access services provided under the number ‘116000’ to the greatest extent possible'116000' numbering on equal basis with other end- users, in particular through the use of two-way communication services and available relay services. Measures taken to facilitate disabled end- users' with disabilities access to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.
Amendment 521 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 2 a (new)
Article 90 – paragraph 2 a (new)
2a. Member States shall ensure that appropriate measures needed to achieve a sufficient level of service quality in operating the 116 000 number as well as engaging necessary financial resources to operate the hotline are implemented.
Amendment 522 #
2016/0288(COD)
Proposal for a directive
Article 90 – paragraph 2 b (new)
Article 90 – paragraph 2 b (new)
2b. Member States and the Commission shall ensure that citizens are adequately informed of the existence and use of services provided under the '116 000' number.
Amendment 528 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union communication 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs of services terminating in the same member state, unless the provider demonstrates that the existence of different costs is objectively justified. 2. By (six months after the entry into force of this Directive), BEREC after consulting stakeholders and in close cooperation with the Commission shall adopt guidelines on the recovery of such objectively justified different costs pursuant to paragraph 1. Such guidelines shall ensure that any differences are strictly based on existent direct costs that provider incur by providing the cross- border services; 3. By (one year after the entry into force of this Directive and annually thereafter), the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra-Union communication tariffs.
Amendment 534 #
2016/0288(COD)
Proposal for a directive
Article 94 – paragraph 1
Article 94 – paragraph 1
Member States shall notmay maintain or introduce in their national law additional requirements on end-user protection provisions on the subject- matters covered by this Title and diverging from the provisions laid down in this Title, including more or less stringent provisions to ensure a differenthigher level of consumer protection, unless otherwise provided for in this Title.
Amendment 536 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph -1 (new)
Article 95 – paragraph -1 (new)
–1. The pre-contractual information provided in this article including the contract summary shall constitute an integral part of the final contract and is without prejudice to the requirements laid down in Directive 2011/83/EU. Member States shall ensure that the information referred to in this Article is provided in a clear, comprehensive and easily accessible manner. On a request made by the consumer or other end-users, a copy of the information can also be provided on a durable medium and in accessible formats for end-users with disabilities.
Amendment 539 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – introductory part
Article 95 – paragraph 1 – introductory part
1. Before a consumer is bound by a contract or any corresponding offer, providers of publicly available electronic communications services other than number-independent interpersonal communications services, shall provid, shall provide free of charge the information required pursuant to Articles 5 and 6 of Directive 2011/83/EU, irrespective of the amount of any payment to be made, andt least the following information in a clear and comprehensible mann, where relevant to the services they are providing to a consumer:
Amendment 545 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – introductory part
Article 95 – paragraph 1 – point a – point i – introductory part
(i) any minimum service quality levels to the extent that these are offered, and where relevant in accordance with BEREC guidelines to be adopted after consultation of stakeholders and in close cooperation with the Commission, regarding:
Amendment 552 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point a – point ii
Article 95 – paragraph 1 – point a – point ii
(ii) without prejudice to the right of end-users to use terminal equipment of their choice in accordance with Article 3(1) of Regulation 2015/2120/EC, any fees and restrictions imposed by the provider on the use of terminal equipment supplied and the necessary technical information for the proper functioning of the equipment chosen by the consumer;
Amendment 554 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point b
Article 95 – paragraph 1 – point b
(b) any compensation and refund arrangements, including where applicable, explicit reference to statutory rights of consumers, which apply if contracted service quality levels are not met;
Amendment 556 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point i
Article 95 – paragraph 1 – point c – point i
(i) details of tariffspecific tariff plan or plans under the contract and, for each such tariff plan the types of services offered, including where applicable, the volumes of communications (MB, minutes, SMS) included per billing period, and the price for additional communication units,
Amendment 557 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point i a (new)
Article 95 – paragraph 1 – point c – point i a (new)
(ia) in the case of tariff plan or plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period to the following billing period,
Amendment 558 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point i b (new)
Article 95 – paragraph 1 – point c – point i b (new)
(ib) payment methods offered and any cost differences due to the payment methods, and available facilities to safeguard bill transparency and monitor the level of consumption,
Amendment 560 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii a (new)
Article 95 – paragraph 1 – point c – point ii a (new)
(iia) information on what might be the most suitable tariff for end-users based on their usage pattern, information regarding alternative lower-costs tariffs, if available and the possibility to switch between tariffs,
Amendment 561 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point iv
Article 95 – paragraph 1 – point c – point iv
(iv) details of after-sales service and maintenance charges, and maintenance services and customer support services provided, the conditions and charges for these services, and the means of contacting these services,
Amendment 562 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point v
Article 95 – paragraph 1 – point c – point v
(v) the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtainedare made available;
Amendment 565 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point d – point ii
Article 95 – paragraph 1 – point d – point ii
(ii) any procedures and charges related to switching and the portability of numbers and other identifiers and compensation and refund arrangements for delay or abuse of switching,
Amendment 566 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point d – point iii
Article 95 – paragraph 1 – point d – point iii
(iii) any chargeompensations due on early termination of the contract, including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment and other promotional advantages,
Amendment 567 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point f
Article 95 – paragraph 1 – point f
(f) the means of initiating procedures for the settlement of disputes, including cross-border disputes, in accordance with Article 25;
Amendment 568 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point g a (new)
Article 95 – paragraph 1 – point g a (new)
(ga) access to information on emergency services and caller location.
Amendment 569 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – introductory part
Article 95 – paragraph 2 – introductory part
2. In addition to the requirements set out in paragraph 1 providers of publicly available number-based interpersonal communications services shall provide at least the following information in a clear and, comprehensible and easily accessible manner:
Amendment 574 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 2 a (new)
Article 95 – paragraph 2 – indent 2 a (new)
- any constrains or differences in the quality of services due to external factors such as network connectivity.
Amendment 575 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 2 b (new)
Article 95 – paragraph 2 – indent 2 b (new)
- without prejudice to article 13 of GDPR, what data, including personal data, are necessary for the performance of the service or collected in exchange for the provision of the service.
Amendment 578 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 3
Article 95 – paragraph 3
3. Paragraphs 1 and 2 shall apply also to micro or small enterprises as end-users unlesswhen they have explicitly agreed to waive all or parts of those provisions,opted in to all or parts of those provisions. The providers of electronic communications networks and/or services will have to inform micro to small enterprises in due time on the possibility to opt into the provisions for information requirements under paragraphs 1 and 2 of this Article.
Amendment 582 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – introductory part
Article 95 – paragraph 5 – subparagraph 1 – introductory part
By [entry into force + 12 months], BEREC shall issue a decision on astandard contractual information summary template, which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2. Those main elements shall include at least complete information on:
Amendment 583 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point a
Article 95 – paragraph 5 – subparagraph 1 – point a
(a) the name and address of the providerand contact information of the provider and if different, the contact information for any complaints,
Amendment 584 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 5 – subparagraph 1 – point c
Article 95 – paragraph 5 – subparagraph 1 – point c
(c) the respective prices or types of remuneration including taxes and any applicable or additional charges,
Amendment 590 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 6 a (new)
Article 95 – paragraph 6 a (new)
6a. Providers of electronic communication network and/or internet access service and interpersonal communication services provided for remuneration should offer to end-users the possibility to set a financial cap on their usage. This should ensure that without the end-user's explicit consent, the accumulated expenditure over the specified billing period does not exceed a specified financial limit set by the end- user. An appropriate notification shall be sent to the end-user, when consumption of services has reached 80% of the financial limit set by the end-user. The notification shall indicate the procedure to be followed to continue the provisions of those services and the costs if the financial limit is exceeded. After having reached the financial limits end-users shall be able to receive calls and SMS messages and access to free phone numbers and emergency services by dialling the European emergency number 112 free of charge until the end of the agreed billing period.
Amendment 591 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 6 b (new)
Article 95 – paragraph 6 b (new)
6b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to information requirements for contracts to which this Article applies.
Amendment 595 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. National regulatory authorities shall ensure that the information referred to in Annex VIII is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independent interpersonalall providers of electronic communications services, or by the national regulatory authority itself. Such information shall be updated regularly. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 597 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 1
Article 96 – paragraph 2 – subparagraph 1
National regulatory authorities shall ensure that end-usconsumers have access free of charge to at least one independent comparison tool which enables them to compare and evaluate prices and tariffs, and the quality of service performance of different publicly available electronic communications services other than nproviders of internet access services and/or interpersonal communications services. National regulatory authorities may extend the provisions of this article to all end-users. Any differentiation in the conditions applied to consumber-independent interpersonal communications servicess and other end-users shall be made explicit. No internet access or interpersonal communications service provider should be given favourable treatment in search results based on criteria other than the objective criteria used to trigger the search.
Amendment 602 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
Article 96 – paragraph 2 – subparagraph 2 – point g a (new)
(ga) compare similar services, such as internet access services with other internet access services and interpersonal communication services with other interpersonal communication services.
Amendment 603 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
Article 96 – paragraph 2 – subparagraph 2 – point g b (new)
(gb) be accessible for persons with disabilities
Amendment 605 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 2 – subparagraph 3
Article 96 – paragraph 2 – subparagraph 3
Comparison tools fulfilling the requirements in points (a) to (g) shall, upon request, be certified by national regulatory authorities. Third parties shall have a right to use, free of charge, and in open data formats the information published by undertakings providing publicly available electronic communications services, other than number-independent interpersonal communications services, for the purposes of making available such independent comparison tools.
Amendment 608 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 3 – point a
Article 96 – paragraph 3 – point a
(a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, particularly where it may prejudice respect for the rights and freedoms of others, including infringements of data protection rights, copyright and related rights, and their legal consequences; and
Amendment 610 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 3 a (new)
Article 96 – paragraph 3 a (new)
3a. Member States shall ensure that there is at least one available comparison tool which functions according to the above principles.
Amendment 612 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Interpersonal communication services shall inform the consumer, if the quality of services they provide depends on any external factors, such as network connectivity.
Amendment 620 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1
Article 98 – paragraph 1 – subparagraph 1
Member States shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providingproviders of publicly available electronic communications services, other than number-independent interpersonal communications services, do not mandate an initial commitment period longer than 24 months. Member States may adopt or maintain shorter maximum durations for the initicontractual commitment period.
Amendment 622 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 1 a (new)
Article 98 – paragraph 1 – subparagraph 1 a (new)
Publicly available interpersonal communications service shall maintain the possibility to offer contracts to end- users without any specific termination date or fix duration, however for such contracts end-users shall be able to terminate the contract without any prior notice to the provider of publicly available interpersonal communication services.
Amendment 623 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 1 – subparagraph 2
Article 98 – paragraph 1 – subparagraph 2
This paragraph shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments for deployment of a physical connection to a very high capacity connectivity network up to or very close to end-user premises. However, the rights of consumers to switch between providers of electronic communications services, as established in this Directive, should not be restricted by such contracts linked to the deployment of very high capacity connectivity networks.
Amendment 624 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. Where a contract or national law provides for the possibility of a fixed duration contract to be automatically prolonged, the Member State shall ensure that, after the expiration of the initial period and unless the consumer has explicitly agreed to theextended or renewed after the end of the contract, the Member State shall ensure that the consumer is properly informed and explicitly agrees to such extension or renewal and that the consumer has at least one month to oppose such automatic extension or renewal of the contract, consumers are entitled to after the expiration of the initial period. The extended or renewed contract can be terminated by the contractsumer at any time with ano more than one-month notice period and without incurring any costs except the cost of providing the service during the notice period.
Amendment 628 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 2 a (new)
Article 98 – paragraph 2 a (new)
2a. Subscription to one or more additional services offered by the provider of publicly available electronic communication services shall not re-start or extend the initial contract period unless the initial services or the additional services are offered at a special promotional price conditioned to the renewal of the existing contract, subject to the explicit previous agreement of the consumer to extend or renew the contract.
Amendment 629 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 2 b (new)
Article 98 – paragraph 2 b (new)
2b. Member States may extend the provisions of this Article to all end-users including not-for-profit organisations.
Amendment 630 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. End-users shall have the right to terminate their contract without incurring any costs upon receiving notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number-independent interpersonal communications services, unless the proposed changes are exclusively to the benefit of the end-user or theycommunications services, unless the proposed changes are strictly necessary to implement legislative or regulatory changes. Providers shall notify end-users, anot leastss than one month in advance, of any such change, and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions. Member States shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end- user at the time of concluding the contract.
Amendment 633 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 3 a (new)
Article 98 – paragraph 3 a (new)
3a. Any significant discrepancy, continued or regularly recurring, between the actual performance of an electronic communication service and the performance indicated in the contract, shall be considered as non-conformity of performance for the purposes of triggering the remedies available to the consumer in accordance with national law, including the right to terminate the contract without any cost.
Amendment 634 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 4
Article 98 – paragraph 4
4. Where an earlyConsumers shall have the right to termination ofe a contract on a publicly available electronic communications service by the end-user is possible in accordance with this Directive, other provisions of Union law or national law, no compensation shall be due by the end-usgiving a one-month notice. No termination penalties shall be due. Where a compensation linked to subsidised terminal equipment bundled with the contract at the moment of the contract conclusion exists, the maximum compensation that consumers should pay shall be determined either on ther than for the pro rata temporis value of subsidised remaining instalments for the terminal equipment bundled with the contract at the moment of the contract conclusion and a pro rata temporis reimbursement for any other promotional advantages marked as such ator on the remaining part of the service fee until the momentd of the contract conclusion, whichever amount is smaller. Any restriction on the usage of terminal equipment on other networks shall be lifted, free of charge, by the provider at the latest upon payment of such compensation.
Amendment 637 #
2016/0288(COD)
Proposal for a directive
Article 98 – paragraph 4 a (new)
Article 98 – paragraph 4 a (new)
4a. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.
Amendment 638 #
2016/0288(COD)
Proposal for a directive
Article 99 – title
Article 99 – title
Amendment 640 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 1 – subparagraph 1
Article 99 – paragraph 1 – subparagraph 1
In case of switching between providers of internet access services and number-based interpersonal communication services, the providers concerned shall provide the end- user with adequate information before and during the switching process and ensure continuity of the service. The receiving provider shall lead the switching process to ensure that the activation of the service shall occur on the date agreed with the end- user. The transferring provider shall continue to provide its services on the same terms until the services of the receiving provider are activated. Loss of service during the switching process shall not exceed one working day. National regulatory authorities shall ensure the efficient and simple switching process for the end-user.
Amendment 642 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 2
Article 99 – paragraph 2
2. Member States shall ensure that all end-users with numbers from the national telephone numbering plan who so request canshall have the right to retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Part C of Annex VI.
Amendment 649 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2
Article 99 – paragraph 5 – subparagraph 2
The receiving provider shall lead the switching and porting process. National regulatory authorities may establish the global process of switching and of porting of numbers, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user the necessary end-user protection throughout the switching process and the need to ensure the efficiency of such process for the end-user. In any event, loss of service during the process of porting shall not exceed one working day. In case of failure of the porting process, the transferring provider shall reactivate the number of the end-user until the porting is successful National regulatory authorities shall also take appropriate measures ensuring that end-users are adequately informed and protected throughout the switching process and are not switched to another provider against their will.
Amendment 650 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 5 – subparagraph 2 a (new)
Article 99 – paragraph 5 – subparagraph 2 a (new)
The end-users' contracts with the transferring provider shall be terminated automatically upon conclusion of the switching process. Transferring providers shall refund any remaining credit to the consumers using pre-paid services.
Amendment 652 #
2016/0288(COD)
Proposal for a directive
Article 99 – paragraph 6
Article 99 – paragraph 6
6. Member States shall ensure that appropriate sanctions on undertakings are provided for, including an obligation to compensate end-users in case of delay in porting or abuse of porting including not making available information necessary for porting in a timely manner, by them or on their behalf.
Amendment 658 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. If a bundle of services or a bundle of services and goodsterminal equipment offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end-user.
Amendment 664 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract unless the consumer explicitly consents and the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-started.
Amendment 665 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2 a (new)
Article 100 – paragraph 2 a (new)
2a. Providers of electronic communications services other than number independent interpersonal communications service shall give consumers the possibility to cancel or switch individual parts of the bundled contract.
Amendment 666 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2 b (new)
Article 100 – paragraph 2 b (new)
2b. Member States may maintain or introduce in their national law additional requirements to ensure a higher level of consumer protection in relation to contracts to which this Article applies.
Amendment 667 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private telecommunications networks , relay services and total conversation services, are able to access the emergency services or, where applicable the internal emergency services, through emergency communications free of charge and without having to use any means of payment, pre- registration or pre-installation, by using the single European emergency number ‘112’ and any national emergency number specified by Member States.
Amendment 676 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service provide access to emergency services through emergency communications including where technically feasible through total conversation services, to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the obligation for undertakings if technically feasible may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c). Prior to extending the scope to all interpersonal communication services, the Commission, shall assess in close consultation with industry, Member States PSAPs, standardisation bodies and other relevant stakeholders, the feasibility to provide accurate and reliable access to emergency service, including location data, and of the Public Safety Answering Points to be capable of receiving such communications through number- independent interpersonal communications services.
Amendment 685 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
Amendment 690 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 3 a (new)
Article 102 – paragraph 3 a (new)
3a. The Commission, having consulted the national regulatory authorities and emergency services, shall adopt performance indicators applicable to the Member States emergency services. The Commission shall every two years submit a report to the European Parliament and the Council on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators.
Amendment 694 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 4
Article 102 – paragraph 4
4. Member States shall ensure that access for disabled end-userend-users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end-users. Measures taken to ensure that disabled end-users are able to access emergency services through including through total conversation services and available third party relay services. The Commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end-users with disabilities can access emergency services on equal basis with other end-users whilst travelling in other Membergency communications whilst travelling in o States in particular through the use of total conversation services and available relay services. These measures shall ensure interoperability across ther Member States and shall be based to the greatest extent possible on European standards or specifications published in accordance with the provisions of Article 39, and they shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in this Article.
Amendment 699 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information which includes both network based location information and where available enhanced handset caller location information is available to the PSAP without delay after the emergency communication is set up. Member States shall ensure that the establishment and the transmission of the caller location information respect data privacy and security rules and are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘112’, including calls from private telecommunications networks and roaming calls. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall layBy 6 months after the entry into force of the Directive at the latest, BEREC, having consulted the stakeholders and in close collaboration with the Commission, shall set up guidelines laying down the criteria for the accuracy and reliability of the caller location information to be provided. to the emergency services in order to improve the accuracy and reliability of the caller location information of a 112 call.
Amendment 707 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States and the Commission shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, as well as its accessibility features, including in particular through initiatives specifically targeting persons travelling between Member States. and persons with disabilities. The Commission shall support and supplement the actions of Member States.
Amendment 715 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 1
Article 102 – paragraph 7 – subparagraph 1
In order to ensure effective access to emergency services through emergency communications to ‘112’ services in the Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 109 on the measures necessary to ensure the compatibility, interoperability, quality, reliability and continuity of emergency communications in the Union with regard to caller location solutions, access for disabled end-userend- users and accessibility for persons with disabilities and routing to the most appropriate PSAP.
Amendment 718 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 – subparagraph 2 a (new)
Article 102 – paragraph 7 – subparagraph 2 a (new)
The Commission shall maintain a secure database of E.164 European emergency service numbers in order to ensure that they can be contacted from any other Member State.
Amendment 724 #
2016/0288(COD)
Proposal for a directive
Article 102 a (new)
Article 102 a (new)
Amendment 727 #
2016/0288(COD)
Proposal for a directive
Article 103 – paragraph 1 – introductory part
Article 103 – paragraph 1 – introductory part
1. Member States shall ensure that the competent authorities specify, where appropriate, and after consulting with representative organisations of persons with disabilities, requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end-userend-users with disabilities:
Amendment 728 #
2016/0288(COD)
Proposal for a directive
Article 103 – paragraph 1 – point a
Article 103 – paragraph 1 – point a
(a) have access to electronic communications services equivalent to that enjoyed by the majority of end-users; and
Amendment 729 #
2016/0288(COD)
Proposal for a directive
Article 103 – paragraph 1 – point a a (new)
Article 103 – paragraph 1 – point a a (new)
(aa) enjoy, on an equal basis with others, cross border two-way communications across Member States by voice, video and real-time text, singly or in combination in the same call (Total Conversation services), namely on number-based interpersonal communications services;
Amendment 731 #
2016/0288(COD)
Proposal for a directive
Article 103 – paragraph 1 – point a b (new)
Article 103 – paragraph 1 – point a b (new)
(ab) can make use of text based relay services and video based relay service, within the entire territory of the Member State and continuously, and that these relay services are interoperable with telephony services across the EU;
Amendment 733 #
2016/0288(COD)
Proposal for a directive
Article 103 – paragraph 2
Article 103 – paragraph 2
2. In taking the measures referred to in paragraph 1, Member States shall encouragsure compliance with the relevant accessibility and interoperability standards or specifications published in accordance with Article 39.
Amendment 736 #
2016/0288(COD)
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer radio and digital television equipment
Amendment 739 #
2016/0288(COD)
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 740 #
2016/0288(COD)
Proposal for a directive
Article 105 – paragraph 1 a (new)
Article 105 – paragraph 1 a (new)
Providers of digital television services shall ensure interoperability of terminal equipment so that where technically feasible the terminal equipment is reusable with other providers and if this is not consumers need to be given the possibility through a free and easy process to return the terminal equipment.
Amendment 748 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 757 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 760 #
2016/0288(COD)
Proposal for a directive
Article 107 – paragraph 2
Article 107 – paragraph 2
2. A Member State shallmay decide to waive paragraph 1 in all or part of its territory if it considers, after taking into account the views of interested parties, that there is sufficient access to these facilities.
Amendment 765 #
2016/0288(COD)
Proposal for a directive
Annex V
Annex V
Amendment 774 #
2016/0288(COD)
Proposal for a directive
Annex VIII – point 2 – point 2.5
Annex VIII – point 2 – point 2.5
2.5. Provide end-users with information on access to emergency services and caller location. If the undertaking is a provider of number-based interpersonal communications services, information on access to or on any limitations on the provision of emergency services and caller location information.
Amendment 777 #
2016/0288(COD)
Proposal for a directive
Annex X – subheading 1
Annex X – subheading 1
INTEROPERABILITY OF DIGITAL CONSUMER EQUIPMENT REFERRED TO IN ARTICLE 105
Amendment 778 #
2016/0288(COD)
Proposal for a directive
Annex X – part 2 – paragraph 1
Annex X – part 2 – paragraph 1
Any digital television set with an integral screen of visible diagonal greater than 30 cm which is put on the market for sale or rent in the Union is to be fitted with at least one open interface socket (either standardised by, or conforming to a standard adopted by, a recognised European standards organisation, or conforming to an industry-wide specification) permitting simple connection of peripherals, and able to pass all relevant elements of a digital television signal, including information relating to interactive and conditionally accessed services. Terminal equipment of digital television sets needs to be interoperable where technically feasible so that it can be easily reusable with other providers.
Amendment 780 #
2016/0288(COD)
Proposal for a directive
Annex X – part 2 a (new)
Annex X – part 2 a (new)
2a. INTEROPERABILITY FOR ANALOGUE AND DIGITAL RADIO RECEIVING DEVICES All consumer equipment enabling the reception of radio and/or audio signals made available in the Union, is to possess the capability to receive radio in a technology neutral manner, by analogue and digital broadcasting, and via IP networks.
Amendment 81 #
2016/0152(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on custoonsumers' nationality, or place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Text with EEA relevance)
Amendment 86 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of custoonsumers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such custoonsumers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercialunjustified reasons.
Amendment 92 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of custoonsumers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realised. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 102 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing unjustified discrimination based on customers' nationality, place of residence or place of establishment, including geo- blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect unjustified discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on custoonsumers' nationality, or place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of custoonsumers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the custoonsumer's payment instrument has been issued.
Amendment 109 #
2016/0152(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Geoblocking is incompatible with the fundamental principles of the single market. However, there are a number of well-founded reasons why companies, in particular SMEs and micro-enterprises, should avoid or refuse cross-border trade or adapt general conditions of sale, in particular related to divergent legal environments, including taxation and fiscal issues, additional national requirements, additional delivery costs, or language requirements for pre- contractual information.
Amendment 117 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 137 #
2016/0152(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The mere fact that a trader acts in accordance with the provisions of this Regulation should not be interpreted as a sign that he is directing his activities to the Member State of the consumer within the meaning of Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012, in accordance with the well established case-law of the Court of Justice of the European Union.
Amendment 145 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 223 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation should not affect the application of the rules on competition, and in particular Articles 101 and 102 TFEU. Agreements imposing on traders obligations not to engage in passive sales within the meaning of Commission Regulation (EU) No 330/201029 to certain custospecific group of consumers or to custoonsumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in Article 101(1) TFEU. Even whenHowever, in certain exceptional cases, theyse agre not caught by Article 101 TFEU, in the context of the application of this Regulements may be considered to comply with Article 101 TFEU. This applies in particular to agreements restricting passive sales because of economic justifications, they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this Regulation. The relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this Regulation should therefore be automatically void. However, tfor example in order to allow innovations in the field of new products. In these duly justified cases, the trader should not be deemed to act in breach of this Regulation when they abstain from making passive sales. The application of this Regulation should not affect those agreements. This Regulation, and in particular its provisions on access to goods or services, should not affect agreements restricting active sales within the meaning of Regulation (EU) No 330/2010. __________________ 29 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1).
Amendment 252 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation seekis to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of customersf consumers and by defining situations where different treatment cannot be justified under Article 20(2) of Directive 2006/123/EC.
Amendment 262 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the custoconsumer has the place of residence or the place of establishment;
Amendment 270 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the same Member State as the one in which the custoonsumer has the place of residence or place of establishment, but the customer, but is a national of another Member State;
Amendment 275 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the custoonsumer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 282 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation does not apply to the activities referred to in Article 2(2) of Directive 2006/123/EC and to activities of purely internal national situations, where all the relevant elements of the sale of goods or services are confined within one single Member State and the consumer is a national of the same Member State.
Amendment 286 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation shall not affect the rules applicable in the field of copyright and neighbouring rights.
Amendment 293 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to the applicable Union law concerning judicial cooperation in civil matters. CThe mere compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where a trader, acting in accordance with Articles 3, 4 and 5, does not block or restrict consumer access to his on-line interface, does not redirect him or her to a different version of his on-line interface to which the consumer has sought access originally, irrespective of his or her nationality or place of residence, does not apply different general conditions of access in situations provided for by this Regulation, that trader cannot be regarded, solely on these grounds, as directing its activities to the Member State in which the consumer has his or her habitual residence or domicile.
Amendment 294 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. Compliance with this Regulation and in particular traders activities in accordance with Article 3, 4 and 5 of this Regulation shall not be construed as implying that a trader directs his or her activities to actively approach single consumers in the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012, in the situations when they are not blocking or limiting consumers' access to his/her online interface, not redirecting consumers to a different online interface and are not applying different general conditions of access or pricing.
Amendment 297 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. Insofar as the provisions of this Regulation conflict with the provisions of Article 20(2) of Directive 2006/123/EC, the specific provisions ofand obligations for traders in this Regulation shall prevail.
Amendment 299 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 316 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 327 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the custoonsumer's explicit prior consent, the original version of the online interface the consumer originally sought to access shall remain easily accessible for that custoonsumer.
Amendment 345 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders and an online market place shall not apply different general conditions of access to their goods or services, for reasons related to the nationality, or place of residence or place of establishment of the custof the consumer, in the following situations:
Amendment 354 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the customer by the trader or on his or her behalfto a location in a Member State to which the trader offers delivery in his general conditions of access or, are collected at a location agreed upon between the trader and the consumer in a Member State in which the trader offers such option;
Amendment 370 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The prohibition set out in paragraph 1 shall not prevent traders from offering general conditions of access, including sale prices, which differ between Member States and which are offered to consumers on a specific territory due to different national regulations, standards and requirements and due to the additional costs resulting from a compliance with the different national regulatory environment in a territory other than the operator's chosen territory.
Amendment 384 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions of payment for any sales of goods or provision of serviceswhen using credit transfers, direct debits or a card-based payment instrument of a specific payment brand and category, where:
Amendment 391 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 392 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the payee can requestidentity of the payer or the validity of the use of the payment instrument is verifiable by strong custoonsumer authentication by the payer pursuant to the Directive (EU) 2015/2366; and
Amendment 399 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the payments are in a currency that the payeetrader accepts.
Amendment 411 #
2016/0152(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The prohibitions laid down in this Regulation shall not apply in situations where the traders are bound by an agreement requiring them to restrict their passive sales and to offer services and/or sell products in a given country due to the nature of a contractual relationship with a supplier/distributor in that country and when such restrictions are in accordance with Article 101 TFEU and with Regulation (EU) No 330/2010.
Amendment 220 #
2016/0014(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring an adequate high level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
Amendment 221 #
2016/0014(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance covering the lifetime of the vehicles, systems, components and separate technical units concerned. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilitietasks of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent seriousany kind of safety or environmental risks or that do not comply with the type-approval requirements, and by establishing a European Agency for Market Surveillance of Road Transport.
Amendment 226 #
2016/0014(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The European Agency for Market Surveillance of Road Transport will deploy independent and harmonised market surveillance activities, including checks of the conformity of production and the in service conformity. It shall coordinate and impose corrective and restrictive measures if tested or inspected vehicles, systems, components or technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV. Besides market surveillance, the agency shall perform audits on National Type Approval Authorities and keep under review the type approval process.
Amendment 236 #
2016/0014(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level by the Agency, including independent audits as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 241 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the CommissionAgency. They should consult each other and the CommissionAgency on questions with general relevance for the implementation of this Regulation and inform each other and the CommissionAgency on their model assessment checklist.
Amendment 249 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 260 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authoritthe Agency is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the CommissionAgency to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 286 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionThe Agency should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non- compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and together with the Agency investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 313 #
2016/0014(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
Amendment 316 #
2016/0014(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 321 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and, dissuasive and guarantee that the consumer receives a fair compensation. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 327 #
2016/0014(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionAgency and to ensure a level playing field for economic operators and national authorities, the Commission should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type- approved.
Amendment 331 #
2016/0014(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes the requirements for the market surveillance, throughout their lifetime, of vehicles, systems, components and separate technical units that are subject to approval in accordance with this Regulation, as well as of parts and equipment for such vehicles.
Amendment 333 #
2016/0014(COD)
Proposal for a regulation
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantivall the requirements of this Regulation:
Amendment 338 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) 'defeat device' means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameters for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under all ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;
Amendment 362 #
2016/0014(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Establishing an European Agency for Market Surveillance of Road Transport The Commission shall present to the European Parliament and the Council of the European Union a regulation establishing a European independent Agency on Market Surveillance of Road Transport ("the Agency") without undue delay but no later than 12 months after this Regulation is published in the Official Journal of the European Union. Until the Agency has been established, the tasks assigned to it will be carried out by the Commission.
Amendment 363 #
2016/0014(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 367 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the CommissionAgency of the establishment and appointment of such authorities.
Amendment 368 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission shall publish on its website a list and details of the approval authorities and, where applicable, the market surveillance authorities.
Amendment 385 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 401 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type- approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 433 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Amendment 453 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member StatMember States that choose to carry out market surveillance activities shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionAgency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 465 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10a. Market surveillance authorities shall publish the results of their control activities either on their own internet platform or on the website of the Agency.
Amendment 533 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establishset up and chair a Forum for Exchange of Information on Enforcement (‘'the Forum’)') until the Agency is established The Agency shall take over the Commission's tasks relating to the Forum.
Amendment 543 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States.
Amendment 544 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each year representatives of the Forum shall present to the European Parliament a general report on the Forum's activities. The European Parliament or the Council may also ask at any time for a hearing of representatives of the Forum on any subject related to the Forum's activities.
Amendment 550 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.:
Amendment 551 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
(a) the promotion of good practices, the exchange of information on enforcement, evaluation of harmonised enforcement projects.
Amendment 552 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
(b) the development of a portal for civil society and consumer organisations to report their concerns and complaints about motor vehicle performance characteristic. Such information should also be used by the agency for assessing which vehicles should undergo conformity and verification checks.
Amendment 553 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
(c) the exchange of information and advice with regard to state-of-the art technologies for the purpose of ensuring that Member States, type approval authorities and technical services are fully up to date on new technology available on the market.
Amendment 554 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
(d) informing Member States of the conformity and verification checks undertaken by the agency as described in Article 5b.
Amendment 555 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
(e) All recommendations agreed upon by the Forum shall be made public. They shall be agreed on by a simple majority.
Amendment 559 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Amendment 579 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation, and that they continue to comply with those requirements regardless of the testing method used.
Amendment 583 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for an EU type approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedure when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 596 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority that has granted the approval in detail of the non- conformity and of any measures taken. The manufacturer shall also immediately inform the Agency.
Amendment 654 #
2016/0014(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
Amendment 684 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
Amendment 704 #
2016/0014(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 871 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authority or the Agency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authoriszation or in case of the Agency required the approval authority that granted the type-approval to withdraw the authorization.
Amendment 2 #
2015/2354(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to its resolution of 3 May 2010 on delivering a single market to consumers and citizens1a, __________________ 1a Text adopted, A7-0132/2010.
Amendment 3 #
2015/2354(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
– having regard to its resolution of 19 January 2016 on Towards a Digital Single Market Act,
Amendment 5 #
2015/2354(INI)
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
– having regard to the Council Conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe,
Amendment 16 #
2015/2354(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the single market has been, and remains, the cornerstone of EU integration and the engine of growth and jobs, however the integration of the Single Market is not an irreversible process and its continued existence should not be taken for granted;
Amendment 20 #
2015/2354(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the proper functioning of the Single Market is based on the constant adjustment and provision of an integrated response to the major economic and social challenges of the future, and on finding a balance between an open economy stimulating economic growth and quality job creation and an economic system delivering consumer protection as well as social and environmental safeguards to citizens;
Amendment 22 #
2015/2354(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a strong social market - which turns the focus back to the people, directed towards the fight against unemployment, poverty, inequalities, social exclusion and wage dumping, promoting respect of fundamental social rights, fair mobility and improvement of living and working conditions in Europe - is an important factor to increase solidarity and cooperation among Member States;
Amendment 26 #
2015/2354(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the single market is underperforming in almost all areas – in stimulating a digital-driven market, encouraging start-ups, integrating global supply chains, improving workers mobility and social rights, dealing with new business models and ensuring market facilitation, standardisation and the licensing of professionals – due to a number of physical, legal and technical barriers;
Amendment 28 #
2015/2354(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the single market must not be seen in isolation from other horizontal policy areas, particularly the digital single market, health, social and consumer protection, labour law and mobility of citizens, the environment, sustainable development, energy, transport and external policies;
Amendment 31 #
2015/2354(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to Parliament’s own research, the anticipated gain from completingon of the single market stands at a trillion euroscould have the potential to bring an efficiency gain of EUR 615 billion per year;
Amendment 38 #
2015/2354(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a genuinely strategic approach is called for the further integration of the single market, and whereas the response to the challenges faced should be political as much as technical in nature;
Amendment 41 #
2015/2354(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU should pursue a genuine single market and treat it as a common asset of all citizens, workers, economic operators and Member States;
Amendment 50 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is of the opinion that the mid-term review of the EU’s 2020 Strategy should set ambitious targets to reach a green, knowledge-based social market economy and sustainable growth by 2020; stresses that the single market should be central in achieving the goal of a sustainable and highly competitive social market economy in the context of the EU 2020 Strategy’s long-term vision taking up the challenges of maintaining social justice and economic growth as well as focusing on benefits for citizens, consumer protection, and SMEs;
Amendment 51 #
2015/2354(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Reiterates that the perception of the single market as being solely tied to the economic aspects has exhausted its own potential and a new broader based strategy must be put into action, establishing a balance between economic rights and fundamental social rights, integrating consumers’ and citizens’ interests into the single market;
Amendment 53 #
2015/2354(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the overall objectives of the Commission’s Single Market Strategy for goods and services, and welcomacknowledges its vision for how to unleash the full potential of the single market but recalls on the Commission to improve the social and environmental side of the single market based on the Lisbon Treaty’s obligations;
Amendment 60 #
2015/2354(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the strategy is complementary to efforts made in other areas; believes that, by building on the initiatives already being tain other areas and developing explicit cross-cutting, horizontal measures designed to achieve a fairer single markent, the strategy has good potential to help ensure economic prosperity, increase the creation of quality jobs and growth and make Europe attractive for investments;
Amendment 73 #
2015/2354(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to eliminate the remainingput back at the heart of the single market those who live in it and use it daily, and to eliminate the existing unjustified barriers from the single market in order to achieve effective tangible and quick results in terms of growth, innovation, job creation, consumer choice and new business models;
Amendment 82 #
2015/2354(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the strategy’s focus on aspects aimed at helping businesses, in particular SMEs, micro- enterprises and start-ups, to scale up their activities, grow and stay in the single market, thus facilitating their innovation and job creation; considers that all initiatives for SMEs and start-ups should be treated as a priority, but reminds that these initiatives should not provide opportunities for dishonest businesses to circumvent existing rules, lower workers’ and consumer standards, increase the risk of corporate fraud, criminal activities and letterbox companies;
Amendment 85 #
2015/2354(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Disagrees with the Commission’s statement that its proposal on single member companies should be implemented immediately, which in its current form is not a suitable instrument to boost the single market;
Amendment 90 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessarycould be helpful to adopt a common definition ofcriteria to identify ‘innovative’ start- ups and SMEs, or objective criteria, that canwhich could be used as aone point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 99 #
2015/2354(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls onDraws attention to the Commission’s initiative to ask the REFIT platform to address unjustified barriers to innovation and put forward proposals for ways to reduce or remove them; calls on the Commission to assess in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only the economic one;
Amendment 105 #
2015/2354(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to actively involve all stakeholders, in particular social partners and consumers organisations to assess impacts of draft legislation and better regulation activities in the single market, run the proportionality and subsidiarity check (at ex-ante stage), and monitor implementation (ex-post stage); stresses, furthermore, that any exemptions for SMEs and micro entities must be assessed on a case-by-case basis for each proposal, while ensuring that exemptions do not lead to circumvention of social, labour or environmental legislation;
Amendment 112 #
2015/2354(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s determination to address the difficulties faced by SMEs as a result of the complexity of differing national VAT regulations; extends its full support to the Commission in respect of the VAT reform, but reminds that these initiatives should respect Member States competences; calls on the Commission to assess the feasibility of further coordination and, in particular, to assess the possibility of a single tax in the e-commerce sectorllowing Member States to reduce rates of VAT for the press, digital, publishing, e-books and on line publications in order to avoid discrimination in the single market;
Amendment 120 #
2015/2354(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the difficulties faced by some businesses, and in particular SMEs and start-ups, in securing funding; calls on the Commission, while continuing the valuable support provided to those companies through the European Fund for Strategic Investments (EFSI) and programmes such as Horizon 2020 and COSME, to explore ways of further facilitating access to them, and develop new funding models especially for micro- enterprises, for instance by reducingreduce the periods for calls ofor applications to six-month periods and further simplifying the relevant procedures, simplify the relevant administrative procedures, develop pro- active measures for continuous information and trainings on projects; calls upon the Commission to ensure that crowdfunding can be done seamlessly across borders, and encourages the Member States to introduce incentives for crowdfunding;
Amendment 144 #
2015/2354(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomAcknowledges the legislative initiative on business insolvency, including early restructuring and second chances, which will ensure thatcould be one method to encourage Member States to provide a regulatory environment that is able to accommodate failure without discouraging entrepreneurs from trying new ideasand non-regulatory environment that accepts that failure sometimes happens and encourages innovation, but reminds that the costs and consequences of failing companies affects not only the company’s owner and shareholders, but also its creditors, employees, citizens and taxpayers; stresses that the legal framework on business insolvency must ensure responsible risk-taking providing certainty and fairness to creditors and employees; calls on the Commission, in this context, to reinforce workers’ protection and the defence of their interest, including through guaranteeing the full respect of their right to information and consultation, and establishing preferential rights for employees in case a business goes bankrupt;
Amendment 149 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Regrets that the Commission did not emphasise enough the specific role of traditional manufacturing by Crafts and SMEs as an important contribution to both competitiveness and economic stability in Europe; encourages the Commission to exploit the full potential of digitalisation and innovation of the manufacturing industry in particular for micro and small manufacturers and start- ups, as well as for less industrialised regions to help reduce regional disparities and revitalise local economies; believes that stronger SMEs Crafts policy has to be put forward as one of the top priorities of all European Institutions and Member States over the next years;
Amendment 151 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes that companies, especially SMEs, are either not aware of the rules applicable in other Member States or have difficulties in finding and understanding the information on the rules and procedures applicable for their business; calls on the Commission to interlink all different portals, access points and information websites in a single gateway that will provide SMEs and start-ups with user-friendly information so that they can make well-informed decisions, save time and costs;
Amendment 152 #
2015/2354(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Calls on the Commission to develop the Points of Single Contact from a regulatory portal into a system of fully- fledged online business portals promoting regular exchange of information by and between business representatives and assisting national business or citizens to compete in other EU Member States;
Amendment 155 #
2015/2354(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s Digital Single Market Strategy, and in particular the announced Single Digital Gateway; calls on the Commission to explore all ways of making the best use of the Single Digital Gateway to help European start-ups to scale up across Europe by providing accurate and clear information in different languages on all necessary procedures and formalities to operate domestically or in another EU country;
Amendment 161 #
2015/2354(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that the collaborative (or sharing) economy is growing fast reshaping old services and markets and changing the way that many services and assets are provided and consumed; underlines, furthermore, the strong link between these new business models and the performance of the single market; notes that the fast development of the sharing economy presents opportunities but also poses many challenges and legal uncertainties that might affect consumers, workers and traditional business providers and suppliers;
Amendment 171 #
2015/2354(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to ensure that employment rights, high quality working conditions, effective social welfare coverage and a real level playing field in the single market are guaranteed in the growth of the sharing economy, taking into account its potential for more flexible forms of employment, identifying new forms of employment, enhancing the rights and protection of genuine self- employed workers;
Amendment 172 #
2015/2354(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s announced initiative on the European agenda for the collaborative economysharing economy including the guidance on how EU law applies to this new sector, and its intention to look at that economy in order to assess what needs to be done in order to taccompanykle the challenges it poses, to support its growth and its major contribution to the economic system; welcomes the Commission approach to examine the extent to which the provisions of the Services Directive, the e-Commerce Directive and the EU consumer protection acquis are applicable to the sharing economy and if there is need for further regulation, calls on the Commission to go beyond these provisions and examine the issue of social security and employment rights of workers, health and safety norms, taxation and licensing;
Amendment 186 #
2015/2354(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that, in the collaborativesharing economy, the samesimilar rules should apply to the samesimilar services, with a view to ensuringpreserve the solid framework of existing regulations, safeguard high quality of services, independent of how their access and provision is organised, ensure a level playing field, and consumer safetrights and safety and full adherence to employment and social rights by companies operating in the sharing economy while avoiding fragmentation that would hamper the development of new business models;
Amendment 192 #
2015/2354(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Draws attention to the important role of standards for innovation and progress in the single market; calls on the Commission to support and reinforce European standards, including by exploiting the opportuniimproving implementation of technical standards, product safety rules and testing requirements and making the framework for standardisation more efficient and fit for purpose, in order to enhance innovation and progress in the single market; calls on the Commission to support more democratic and modernise European standardisation process not dominated solely by big private companies, voluntary standards and self-regulation by supporting social partners’, consumers organisations’ and SMEs’ initiatives offered by the ongoing negotiations for a Transatlantic Trade and Investment Partnership (TTIP); encourages the promotion of a greener single market for emerging low-carbon and environmental technologies, services and products through the development of a green technologies and standards across the EU;
Amendment 207 #
2015/2354(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission, being responsible for competition in the EU internal market, in cooperation with national surveillance authorities, to ensure a level playing field among competitors serving the market;
Amendment 218 #
2015/2354(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of the unitary patent; supports the Commission’s intention to eliminate uncertainties as to how the unitary patent will coexist with national and supplementary protection certificates (SPCs), as well as the possible creation of a unitary SPC whilst keeping in mind public health and patients’ interests;
Amendment 226 #
2015/2354(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for measures to facilitate access to the patent system in Europe for all micro-enterprises and SMEs that wish to use the European patent with unitary effect in innovating their products and processes; recalls the importance to license standard- essential patents effectively, within the restraints of EU competition law, under FRAND licensing terms, in order to preserve R&D and standardisation incentives and foster innovation;
Amendment 228 #
2015/2354(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to put forward without delay a targeted legislative proposal which would enable European companies to manufacture generic and biosimilar medicines in the EU during the supplementary protection certificate (SPC) period, following the expiry of patent protection, in order to export to countries where no SPC is in place or to prepare for immediate launch following expiration of the SPC; believes that such SPC manufacturing waiver would contribute to avoid the outsourcing of production outside the EU and to create a level playing field between European companies and their competitors from third countries;
Amendment 233 #
2015/2354(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to present awithout delay a legislative proposal for the protection of geographical indications for non-agricultural products in the EU with the aim of establishing a single European system putting thus an end to a inadequate and highly fragmented situation in Europe, and offering many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric;
Amendment 240 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the new 2014 public procurement regime is less cumbersome, includes more flexible rules to better serve other public sector policies as well as Member States or local specialities; points out that there are still significant inefficiencies in public procurement across Member States that limit cross- border expansion and growth in domestic markets;
Amendment 241 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Supports the general approach set out in the Commission’s Communication in relation to public procurement to improve procurement decisions and the transparency and quality of procurement systems; encourages national procurement authorities to promote greener and more social tendering processes by including social and environmental criteria in the public procurement tenders; calls on the Commission to use the upcoming evaluation report and revision of the Remedies Directive to address problems such as ‘abnormally low bids’ and other social dumping practices in the procurement process;
Amendment 242 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Agrees in principle with the Commission’s proposal to launch a voluntary ex-ante public procurement mechanism for large-scale infrastructure projects but suggests that the ceiling of EUR 700 million must be significantly lowered in response to the European Court of Auditors’ special report 10/2015, which detected errors relating to public procurement in around 40% of all the projects;
Amendment 243 #
2015/2354(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Notes that consistent uniform application and proper enforcement of EU rules combined with regular monitoring and evaluation on the basis of qualitative and quantitative indicators, benchmarking and sharing of best practices is urgently needed to achieve more homogeneous implementation of existing single market legislation; recalls, therefore, the need to fully and thoroughly transpose and implement European rules concerning the functioning of the single market in all Member States;
Amendment 245 #
2015/2354(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that many measures have already been adopted but are not yet appliedproperly enforced thus undermining the level playing field in the single market; points out, furthermore, that according to data provided by the Commission in mid- 2015, around 1 090 infringement proceedings were pending in the area of the single market; calls on the Commission, therefore, to ensure thatwith a view to improve transposition, application and enforcement of single market legislation, to ensure that administrative coordination, cooperation and enforcement isare prioritised at all levels (EU, between Member States and national, local and regional authorities);
Amendment 256 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to further support the Member States in developing a strong culture of compliance and enforcement, including bypromoting and broadening the Internal Market Information System (IMI), developing implementation plans for new major legislation and, organising compliance dialogues with Member States and trainings for national public servants in charge of enforcement; stresses that correct enforcement and better regulation are essential and should cover all business sectors and apply to existing and future legislation;
Amendment 259 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that Member States play a crucial role in the good governance and proper functioning of the single market, therefore, they need to jointly exercise a pro-active ownership and management of the single market, generating a new political impetus through consolidated state-of-health reports on the single market, regular and thematic discussions at Competitiveness Council meetings, dedicated annual European Council meetings and the inclusion of the single market as a pillar of governance in the European Semester;
Amendment 260 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Reiterates that the EU could create its own set of scientifically-based, independent indicators on the degree of integration of the single market, to be published as part of the Annual Growth Strategy and calls for the adoption of a strategic paper of ‘the presidents’ of EU bodies a ‘Five Presidents Report’ to map the road to a Genuine Single Market;
Amendment 261 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Stresses that the European Parliament’s Internal Market and Consumer Protection Committee must strengthen its ties with national parliaments in order to coordinate and address issues in relation to transposition and implementation of single market rules;
Amendment 262 #
2015/2354(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Calls on the Commission to also strengthen the role of the institutional consultation of the social partners through the European Economic and Social Committee and the Committee of the Regions;
Amendment 265 #
2015/2354(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that it is necessary to reinforce the Solvit network and to improve awareness of the network and its role in solving interpretation problems relating to the single marketpractical problem-solving gateways such as Solvit network and to improve funding, expertise, legal certainty of the procedures as well as raise awareness of the existence of the network among business and its role in solving interpretation problems relating to the single market; calls for a cooperation between SOLVIT and the Enterprise Europe Network (EEN) to be reinforced;
Amendment 270 #
2015/2354(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that the new Commission proposal to develop a market information tool gathering information directly from selected market players can be implemented only within the constraints of national and European competition law rules; calls on the Commission before taking any further steps to provide more information on the parameters of this proposal and to consult for this initiative not only selected market players but as well as social partners, consumers organizations, SMEs and start-ups to fully understand the workings of the market;
Amendment 274 #
2015/2354(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes note of the Commission proposal, as part of strengthening the single market for goods, to improve mutual recognition through action to increase awareness of the mutual recognition principle and through the revision of the Mutual Recognition Regulation; is sceptical with the Commission’s proposal for a traders’ self-declaration to legally bring a product into the market, as this might increase non-compliant products, threaten consumers’ health and safety and damage competition in the single market; calls instead on the Commission to ensure better market surveillance system by developing a European market surveillance framework and wider access to information about dangerous products which should help reduce non-compliant products in the single market; furthermore calls on European and national market surveillance authorities to investigate all claims of fraud vigorously;
Amendment 293 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council and calls on the Commission to fully engage in its role as a solution facilitator in this respect; underlines the importance of the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting;
Amendment 301 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling or quality requirements for the same products in different Member States create unnecessary obstacles to the activities of suppliers of goods and discriminate against different consumers; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU levellabelling and quality scheme for products, established at EU level, for providing consumers with key information and ensuring equality in products’ quality in the different Member States; considers that such an initiative would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 307 #
2015/2354(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises, in respect of the single market in services, that there is a clear need to improve the cross-border provision of services, while reconciling economic freedoms and workers’ rights; urges the Member States to ensure proper and more effective application of the Services Directive, while avoiding the practice of gold-plating; welcomes the Commission proposal to improve notification under the Services Directive; agrees to extend the notification procedure provided for in Directive 2015/1535 to all the sectors not covered by that directiveand proper implementation of the Services Directive; reiterates that facilitating the temporary provision of services by companies in another Member State should go hand in hand with guaranteeing the protection of workers posted to another Member State and ask for the revision, without delay, of the Posting of Workers Directive in order to ensure full respect of workers’ rights and of the equal treatment principle and to fight effectively social dumping and unfair competition;
Amendment 320 #
2015/2354(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Acknowledges the Commission’s efforts to open up services’ markets within the parameters of the Services Directive and to improve notification under the Services Directive but considers, that the outcome of such exercise should enable a framework which allows employment and social standards in the service sector to be maintained and expanded as defined by Art. 3 of the EU Treaty; recognises that Member States are responsible for defining their social policy objectives and stresses that possible extension of the notification procedure provided for in Directive 2015/1535 to sectors not covered by that directive may not be misused to indirectly subject services, such as those in the general interest (public services) and that national, democratic law-making is fully respected;
Amendment 322 #
2015/2354(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. SupportConsiders the Commission proposal to introduce a services passport to helpdemonstrate that service providers demonstrate that they satisfy the requirements applicable to them in the Member State where they wish to provide their service on a temporary basis, but regrets that the Commission has not consulted with the sectors it has prioritised before suggesting this initiative in the Single Market Strategy; opposes the country of origin principle and the introduction of issues affecting workers including the notion that information required under the Posted Workers Directive should be covered by a services passport; considers that this initiative should be aimed at reducing unjustified administrative burden for service providers and simplifying the procedures applicable to cross-border service provision and that it should be limited to services regulated by Directive 2006/123/EC on services in the internal market; stresses that the services passport shall not replace or diminish in any way the necessary controls and inspections by the host Member States and that competent authorities in the host country should be able to have specific access to key documents;
Amendment 344 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the creation of a truly fairer single market is essential for achieving the social and economic aims of the Union for a highly competitive social market economy aiming at full employment and social progress and a high level of protection and improvement of environmental quality and standards;
Amendment 345 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Commission to draw up a detailed assessment on the social impact of the single market legislation, as it has done on the economic impact and to include the "Monti II" clauses in all single market legislation;
Amendment 346 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Calls on the Commission to adopt a clear single market legislative agenda to strengthen workers’ rights, improve working conditions, promote equal treatment, prevent social dumping and exploitation of workers and ensure fair competition among the Member States;
Amendment 347 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Welcomes the fact that the strategy refers to the high level of unemployment across the EU, but regrets that it does not present specific steps and measures that can help people find employment, such as improving education and training standards, meeting lifelong learning targets, and tackling skills mismatches and qualifications of workers and professionals; considers that it is self- evident that the single market is changing rapidly due to digitalisation of the different industries and the new jobs will require a different set of skills and qualifications;
Amendment 348 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27e. Disapproves that the Commission did not adopt any specific measures in the Single Market Strategy to address the needs of people and consumers with disability, elderly people and people living in rural and remote areas;
Amendment 349 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27f. Supports the Commission’s initiative to review the regulated profession, but reminds that any exercise should maintain high quality standards for employment and services, sound qualifications and consumers’ safety;
Amendment 350 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 g (new)
Paragraph 27 g (new)
27g. Regrets that the Commission’s Communication does not announce any proposal in relation to the social economy although it plays a key role in the EU’s social and economic development; urges the Commission to explore the potential of this emerging sector and without undue delay to improve its visibility and a regulatory environment for social enterprises;
Amendment 351 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 h (new)
Paragraph 27 h (new)
27h. Is of the opinion that a legal framework encompassing the different forms of social economy in Europe, i.e. cooperatives, foundations, mutual societies and associations will enable social economy enterprises, which do not benefit from the same measures applicable to SMEs, to operate on a legally sound basis and thus enjoy the advantages of the internal market and free movement; furthermore calls for the development of the Social Business Initiative (SBI), mainstreaming social entrepreneurship and social economy enterprises into the Small Business Act, and adopting the Statute for Mutuals;
Amendment 352 #
2015/2354(INI)
Motion for a resolution
Paragraph 27 i (new)
Paragraph 27 i (new)
27i. Regrets that the Commission’s Communication does not suggests any proposal to acknowledge the specific character of public services within the single market and in particular to adopt a legal framework for services of general economic interest (SGEI) based on Protocol N26 and Article 14 of the TFEU, for instance in relation to quality requirements and notably with regard to social and territorial cohesion;
Amendment 355 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. SEmphasises that the genuine single market should provide benefits and protection for citizens, consumers and businesses in terms of better quality, greater variety, reasonable prices, and safety of goods and services; stresses that unjustified discrimination against service recipients (consumers and entrepreneurs) on the basis of nationality or place of residence, in both online and offline environments, is not acceptable within the single market;
Amendment 360 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Agrees that when purchasing goods and services in the single market, consumers need transparent information and a set of modern and solid rights to protect their interests; is of the opinion that any review, merger or consolidation of consumer law directives should provide for a truly high level of consumers’ protection and enforceable rights, recognising existing best practices from national legislation;
Amendment 362 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on the Commission to analyse the current legal uncertainties affecting consumers and if necessary to resolve them through clarification and supplements to the legal framework of consumers rights; reiterates its commitment to the principle of flexible harmonisation for any proposed EU legislation concerning consumers and that full harmonisation is only applied when it sets a very high level of consumer protection and provides clear benefits for consumers;
Amendment 363 #
2015/2354(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Stresses that consumers must be able to exercise their rights easily; welcomes the implementation of the ADR Directive and Commission’s new online dispute resolution (ODR) platform; notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure implementation of an affordable, expedient and accessible Europe-wide collective redress system;
Amendment 370 #
2015/2354(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. CNotes that market operators often need to engage in market selection in order to function within the set market conditions; calls on the Commission to submit, as a matter of priority, a legislative proposal to address unjustified geo- blocking and other forms of discrimination by market operators; calls on the Commission to lay down effectivthe criteria for assessing the unjustified character of geo- blocking;
Amendment 17 #
2015/2346(INI)
Motion for a resolution
Recital D
Recital D
D. whereas only 2 % of young SMEs and micro enterprises have undertaken cross- border expansion through foreign direct investment;
Amendment 18 #
2015/2346(INI)
Motion for a resolution
Recital D
Recital D
D. whereas only 2 % of young SMEnew SMEs and start-ups have undertaken cross-border expansion through foreign direct investment;
Amendment 21 #
2015/2346(INI)
Motion for a resolution
Recital E
Recital E
E. whereas for consumers, gaps in the single market can lead to less product choice and to goods and services being more expensive;
Amendment 24 #
2015/2346(INI)
Motion for a resolution
Recital F
Recital F
F. whereas for businesses the costs are manifest in more expensive supply chains, leading to their own products being more expensivecostly, or in reduced access to business services, which harms their competitiveness; whereas innovation is encouraged through a competitive market;
Amendment 48 #
2015/2346(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that where such NTBs can be justified as proportionate or due to the protection of consumers, environment or workers’ rights, information on differing national regulatory requirements should be easily accessible; considers that the present system built around a diverse range of contact points, including Product Contact Points and Single Points of Contact, is deeply unsatisfactory; urges the Commission and the Member States to place greater emphasis on streamlining and improving these systems, understanding that by being more open and accessible as regards regulatory requirements their Member State becomes more attractive for inward investment;
Amendment 54 #
2015/2346(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 76 #
2015/2346(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that extended non-compliance with Union law by Member States is detrimental for the single market and EU citizens; considers also that the slow compliance process leads to some Member States benefiting from an undue prolongation of the transposition deadline; calls on the Commission to swiftly address the subject of non-compliance by Member States;
Amendment 87 #
2015/2346(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that inconsistent enforcement of existing correctly transposed rules causes the same harm as slow transpositionrules by Member States causes harm to the single market; considers that compliance and enforcement are made more challenging when commonly used definitions are given different meanings in different pieces of legislation by Member States;
Amendment 95 #
2015/2346(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that unequal application of the same rules in different Member States has the potential to create new NTBs; considers that transposition workshops should be held and best practice shared, in order to minimise divergences at an early stage;
Amendment 98 #
2015/2346(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes the Commission should increase their use of guidelines in regards to the implementation of directives since this can be a useful tool to ensure a larger degree of uniform implementation;
Amendment 104 #
2015/2346(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that since economies of scale are reduced by the need to run different product lines, the burden falls disproportionately on SMEs and micro enterprises;
Amendment 118 #
2015/2346(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to focus on ground-level enforcement, making sure that rules are followed in thetake a strong approach to enforcement and use all available evidence and instruments at its disposal to ensure that single market rules are duly applied and implemented by Member States;
Amendment 126 #
2015/2346(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the importance of the principle of mutual recognition for ensuring market access to the single market for goods which are not harmonised at Union level, and in cases where Member States have national, very often different, rules on products, but with the same underlying objective; believes increased harmonization is a more effective tool to ensure equal access for goods and services on the single market;
Amendment 149 #
2015/2346(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that the notification obligation contained in the Services Directive could have been effective in reducing or eliminating unjustified NTBs, but has been neglected by Member States and the Commission; welcomes, therefore, the renewed focus on the notification procedure in the Single Market Strategy, as through early engagement as regards proposed regulatory measures, disproportionate or unjustified national measures can be revised to resolve issues before they occur; believes further that more detailed justifications should be asked from the Member States when introducing new regulatory measures;
Amendment 199 #
2015/2346(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Commission to establish teams of experts who can travel around to the Member States to help Member States to ensure a larger degree of uniform implementation;
Amendment 78 #
2015/2329(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fact that the Europe for Citizens’ National Contact Points (NCPs) have an important role in raising awareness and providing support and guidance to potential applicants (in particular first-time applicants in target countries), as well as European and national associations of local and regional government and civil society organisations;
Amendment 93 #
2015/2329(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. CRegarding the decisive role played by this programme as a prerequisite for citizens' participation in the democratic life of the Union, considers that, given the low rate of success of the European Remembrance and Civil Society projects in the Europe for Citizens programme (6 %), as against 19.64 % for Culture and 45.6 % for MEDIA in the Creative Europe programme), a 60 % substantial increase in the current budget would be necessary in order to achieve a higher target rate of 20 % of funded projects; calls, therefore, on the Commission, the Council and the Member States to consider a total financial envelope of approximately EUR 3500 million for the Europe for Citizens programme under the next MFF, which only represent 1 € per citizen;
Amendment 102 #
2015/2329(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that another source of funding be found for the Europe for Citizens Initiative (ECI), which is currently financed under the Europe for Citizens budget and asks Member States to be more involved in the financial support to these projects;
Amendment 110 #
2015/2329(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to gather together all useful information regarding the Europe for Citizens programme (programme guide, priorities, calls for proposals, ongoing and past projects, outcome and lessons learned, newsletter), along with all the programmes, actions, grants and structural funds that come under the umbrella of European citizenship (such as the European Citizens’ Initiative and the European Voluntary Service), in a unique, user-friendly communication portal (one- stop-shop online platform), also accessible to persons with disabilities; recommends that this platform should be used as a public register of the beneficiaries’ contact details and as a tool to access the projects’ descriptions and to find partners in other countries;
Amendment 111 #
2015/2329(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recommends as well the creation of an online platform for the main organisations working in the field of citizenship and benefiting from the programme in order to pool good practices, reinforce capacities and strengthen visibility once projects finish;
Amendment 115 #
2015/2329(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to implement an engaging communication strategy for European citizenship by using social networks, constantly updating the content and reaching new audiences in the participating countries, especially those in which the level of participation is lower, in particular young people, persons with disabilities and vulnerable people;
Amendment 121 #
2015/2329(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to increase even more its efforts on the administrative simplification, considering that formal requirements are sometimes difficult to overcome for particularly small organisations that should not be discriminated against for bureaucratic reasons;
Amendment 132 #
2015/2329(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the strong focus on citizens and societal aspects of the EU, allowing EU institutions to directly engage with civil society on the ground; highlights within the priorities of the programme the importance of projects focused on current challenges for Europe, on issues such as migration, social inclusion and intercultural dialogue; invites the Commission and Member States to strengthen the links between the programme's priorities and the policies linked to European citizenship as well as the daily life of European citizens;
Amendment 148 #
2015/2329(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the need to encourage projects presenting new formats of discussion with citizens, in an attractive format and style, presenting multidimensional approach;
Amendment 151 #
2015/2329(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the need to enrich the programme with proposals regarding citizens’ participation in the democratic process and in EU decision-making, in a way that contributes to empowering citizens to make use of their rights, for instance through the implementation of e- democracy;
Amendment 158 #
2015/2329(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends more internationalisation of the programme and proposes to promote cooperation between organisations in the EU and in neighbouring countries on the European values;
Amendment 163 #
2015/2329(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recommends that the next generation of the Europe for Citizens programme should be adopted with a legal base enabling Parliament to be involved in the adoption of the programme as a co- legislator under the ordinary legislative procedure, on equal footing with the Council; encourages the Commission to think of possible solutions to achieve this objective, and considers it to be a necessary precondition for any future discussion with the European Parliament on that matter;
Amendment 78 #
2015/2327(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Emphasises the added value of Erasmus+ VET actions in supporting the integration or re-integration of disadvantaged groups into educational/vocational training opportunities in order to enhance their transition to the labour market;
Amendment 82 #
2015/2327(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out the continued social selectivity in enrolment to mobility in some Member States; indicates the high percentage of students in mobility programmes supported by third parties (family, parents, partners); notes that many working students resign from their participation in the mobility programme due to the potential loss in income; encourages the European Commission to further increase financial aid for those who are unable to participate due to financial constraints, and looks for further possibilities to facilitate their mobility in order to make the Erasmus+ truly accessible to all;
Amendment 93 #
2015/2327(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers the long-standing brand names (Comenius, Erasmus, Erasmus Mundus, Leonardo da Vinci, Grundtvig and Youth in Action) as important tools in promoting the variety of the programme; calls on all stakeholders to continue to use them, especially in publications and brochures, in order to maintain and strengthen the identity of the sectoral programmes, to ensure better recognition and to overcome any confusion among beneficiaries;
Amendment 110 #
2015/2327(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Encourages further fostering of cooperation between the NAs and EACEA in order to promote centralised actions of the Erasmus+ programme, provide additional information about them to potential applicants and exchange feedback on improving their implementation process;
Amendment 113 #
2015/2327(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Encourages the facilitating of contacts among European Commission, NAs, programme beneficiaries, representatives of civil society organisations and EACEA by developing a communication platform for exchanging information and good practices where all related stakeholders can receive quality information, as well as share their experiences and suggestions for further programme improvements;
Amendment 119 #
2015/2327(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Underlines the necessity of pursuing improvements in the programme, making it more user-friendly, taking into consideration the importance of differentiating among various sectors and groups of beneficiaries; encourages the European Commission to transform the programme guide and make it more user-orientated and sector-specific;
Amendment 121 #
2015/2327(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Encourages the European Commission to work on improving programme attractiveness by simplifying administrative procedures and requirements, especially for schools and smaller-scale organisations, VET school, adult education, the youth sector and newcomers who often find the programme challenging to participate in;
Amendment 124 #
2015/2327(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Welcomes the actions of the European Commission to simplify application procedures, project management, accounting and reporting; encourages further reduction of administrative burdens by streamlining forms, making them promptly available in all official languages, and providing clear indication regarding documents needed at each stage;
Amendment 168 #
2015/2327(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes the importance of strengthening the local dimension of the EVS; suggests providing the EVS volunteers with stronger support not only before departure, but also upon their return to their local communities in the forms of post-orientated and post- integrated trainings in order to help them to share their European expertise by promoting volunteering at the local level;
Amendment 176 #
2015/2327(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Encourages the further increase of grant rates as well as their adjustment to the cost of living in the country of mobility in order to encourage the participation of socio-economically disadvantaged students, students and staff with special needs, and students and staff from distant regions;
Amendment 187 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes more demanding implementation work for NAs under the current programme; calls on the European Commission to provide NAs with sufficient resources and necessary assistance, thus enabling more efficient programme implementation and allowing NAs to tackle new challenges resulting from the budget increase;
Amendment 197 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Stresses that although progress has been made in recognising study periods, credits, competences and skills through non-formal and informal learning gained abroad, these challenges remain; underlines that recognition of international qualifications is essential to mobility and forms the foundation for further cooperation in the European Higher Education Area; highlights the importance of making full use of all EU tools for the validation of knowledge, skills and competences essential to the recognition of qualifications;
Amendment 202 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 i (new)
Paragraph 21 i (new)
21i. Encourages Member States to incorporate educational mobility as a part of higher or vocational education programmes in order to foster knowledge about learning, training, and youth work, improve the quality of higher education and the VET system, help individuals with upgrading their professional skills, competences and career development;
Amendment 203 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 j (new)
Paragraph 21 j (new)
21j. Encourages Member States, in order to foster the mobility of teachers, lecturers and non-academic staff, to acknowledge their participation in mobility programmes as an important part of their career progression, and if possible introduce a reward system linked to participation in mobility programmes; for example, in the form of financial benefits or reduction of workload;
Amendment 204 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 k (new)
Paragraph 21 k (new)
21k. Notes the decreasing number of individual mobility participants due to preferential treatment by European HEIs of an institutionalised mobility system; encourages the European Commission and national authorities to renew opportunities for individual candidates to participate in mobility;
Amendment 205 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 l (new)
Paragraph 21 l (new)
21l. Encourages the European Commission to bolster the VET system by promoting VET mobility programmes among its new organisations and smaller institutions, in addition to providing them with assistance in applying for appropriate funding by offering further guidance, on-line trainings, and personalised support in preparing high quality applications for funding through contact with national agencies for the Erasmus+ programme;
Amendment 206 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 m (new)
Paragraph 21 m (new)
21m. Urges the Commission to identify current unequal participation of VET institutions in the EU mobility programmes in countries and regions in order to diminish these differences through improved collaboration and exchange of information among national agencies for Erasmus+, supporting teamwork among VET institutions by connecting experienced VET institutions with other institutions, offering policy support measures and specific suggestions to VET institutions, and improving VET institution support systems already in place;
Amendment 208 #
2015/2327(INI)
Motion for a resolution
Paragraph 21 o (new)
Paragraph 21 o (new)
21o. Welcomes the particular involvement of the Erasmus+ programme in cooperation and activities in grassroots sport; encourages the European Commission to improve the accessibility and participation in the programme of grassroots actors such as sports clubs; invites the Commission to enhance a cross-sectoral approach on grassroots sport across all relevant actions of Erasmus+ and to coordinate actions in this field in order to ensure their effectiveness and desired impact;
Amendment 215 #
2015/2327(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the European Commission to involve all relevant stakeholders in the work on next funding programming period, and in the introduction of possible improvements in order to ensure the programme's further success and added value;
Amendment 235 #
2015/2327(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Indicates that disadvantaged groups are only specifically targeted in the youth sector; suggests the extension of the Inclusion and Diversity Strategy to all programme sectors in order to promote social inclusion and the participation of people with special needs or with fewer opportunities in the Erasmus+ programme;
Amendment 237 #
2015/2327(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Advocates allowing mobile students to combine studies abroad with a study-related placement within the programme, thereby providing additional financial assistance abroad, decreasing social selectivity, increasing the number of mobile students, upgrading students´ skills and enhancing the connections between higher education and the work environment;
Amendment 1 #
2015/2326(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates that problems of implementation and enforcement of EU law have been longstanding and supports the effective application of common EU rules in the Member States which is vital to strengthen the credibility of the Union and to meet citizens' expectations of the benefits that the EU can bring to them;
Amendment 2 #
2015/2326(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Stresses the Commission's essential role in overseeing the application of EU law and submitting its annual report to the European Parliament and the Council; Calls on the Commission to continue with its active role to develop various tools to improve implementation, enforcement and compliance of EU law in Member States and, in addition to the data for the implementation of EU Directives, to provide data on implementation of EU Regulations in the next Commission's annual report;
Amendment 3 #
2015/2326(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Acknowledges that the European Parliament also performs a crucial role by exercising a political control over the Commission's enforcement actions, scrutinising the annual reports on monitoring the implementation of EU law and developing relevant parliamentary resolutions; Suggests that the EP can contribute further to the timely and accurate transposition of EU legislation by sharing the expertise gained in the legislative decision making process through pre-established links with national Parliaments;
Amendment 4 #
2015/2326(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Stresses individual citizens' complaints are one of the main sources for detecting breaches of European Union law and a source of information for the Commission; Notes that in 2014, members of the public, businesses, NGOs and other organisations remained very active in reporting potential breaches of EU law and as a result, the total number of open complaints increased by approximately 5.7% in 2014.
Amendment 5 #
2015/2326(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Recalls the importance of petitions and questions, received by the European Parliament under Article 227 TFEU, which often trigger infringement procedures initiated by the Commission against a Member State;
Amendment 9 #
2015/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Appreciates the importance attributed in the Commission's annual report to petitions submitted by citizens, businesses and civil society organisations as a means of monitoring the application of EU law through citizens’ direct expression of their views, a right enshrined in the Lisbon Treaty and an important element of European citizenship;
Amendment 13 #
2015/2326(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; regrets, however, the delays in receiving responses from the Commission regarding numerous petitions, when it is asked to give an opinion and urges the Commission to improve its current practices to inform citizens in a timely and appropriate manner of any actions and steps taken in response to processing their complaints;
Amendment 15 #
2015/2326(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level; stresses that this can also provide valuable information for pending petitions and asks the Commission to pay special attention to the actual enforcement and internal review of decisions taken during the EU Pilot process; stresses that this can also provide valuable information for pending petitions and invites the Commission to involve the petitioners in the process of EU Pilot cases deriving from petitions, in order to facilitate also the dialogue between petitioners and the national authorities concerned;
Amendment 17 #
2015/2326(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the European Parliament and in particular the PETI Committee to promote awareness raising campaigns on the citizens' complaint system for breaches of EU law, the EU Pilot project and infringement procedures enhancing a broader use and facilitating public access to information through the EP website;
Amendment 27 #
2015/2326(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the Commission's efforts to inform people about their rights and to ensure that they find suitable mechanisms of redress, by developing instruments such as the Commission's database 'Applying Union law" and "Europa portal Your rights"; Stresses that further measures are needed to provide better access to information on the application of EU law and problem-solving instruments and improve the handling of complaints from EU citizens and businesses about breaches of EU law;
Amendment 28 #
2015/2326(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to interlink all different portals, access points and information websites in a single gateway that will provide citizens with easy access to online complaint forms and user- friendly information on infringement procedures; Calls, in addition, on the Commission to include in its next monitoring report more detailed information on the use of those portals;
Amendment 37 #
2015/2326(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives; welcomestakes note of the importance attributed to Better Regulation and to the monitoring of EU regulatory fitnessREFIT programme in the annual report on monitoring the application of Union Law, which form part of a greater efforts to improve the quality of EU legislation and should – it is to be hoped – should have a positive impact on the number of petitions submitted.have a positive impact on the number of petitions submitted; Calls on the Commission to actively involve all stakeholders, in particular social partners, consumers organisations and NGOs when assessing the impact of EU legislation, run the proportionality and subsidiarity check (at ex-ante stage), and monitor implementation (ex-post stage); Calls on the Commission to assess in the better regulation activities and in the REFIT process not only the costs but also the benefits and values of legislation, as well as to take into account its broader social and environmental impact and not only its economic one;
Amendment 28 #
2015/2281(INI)
Motion for a resolution
Recital B
Recital B
B. whereas not all Member States nor indeed individuals and groups in Member States are facing the same type and level of challenges, and this means that any recommendations proposed for education and training should be flexible and should be tailored to national economies, demographies and cultures, while improving the situation in the European Union as a whole;
Amendment 85 #
2015/2281(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out the value of a community- based approach to education and strong links between schools and familieseducational establishments and wider society; calls for the wider participation of relevant actors (such as the European Parents Association) in the work of ET2020;
Amendment 113 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that quality education is essential to improving the lives of young people who suffer disadvantages socially and economically, as well as those from minority groups;
Amendment 116 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to ensure greater emphasis is placed on tackling gender gaps and differences, and in recognising the particular needs of young women;
Amendment 117 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Further calls on the Commission, where appropriate, to treat minority groups as separate and discrete in order to better respond to the respective problems facing each group;
Amendment 118 #
2015/2281(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Applauds the Commission's attention to the importance of digital skills; underlines that to equip young people for the 21st century these skills are essential;
Amendment 161 #
2015/2281(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned that the current trend making financial output a prerequisite for all academic activities could mean that the humanities risk being wiped off the research landscape; advocates a more holistic view which emphasises the importance of a variety of disciplines in education and research;
Amendment 173 #
2015/2281(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the importance of an overall framework of recognition of qualifications as key to ensuring cross- border mobility;
Amendment 56 #
2015/2257(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the economic and social advantages of international mobility in VET which can at a later stage facilitate workers' mobility as well as contribute to increasing European competitiveness by helping to develop a highly skilled workforce and knowledge-based society;
Amendment 96 #
2015/2257(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the role of educational systems in better equipping students with both academic and transversal skills, and thereby enhancing their aptitude to match labour market needs as well as increasing their participation in transnational mobility programmes;
Amendment 105 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Encourages a holistic approach to VET and apprenticeships, leading to enhanced personal development, and gaining employability skills and occupational competences, as well as encouraging the promotion of vocational education as an equivalent and valid option to academic education;
Amendment 106 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Encourages flexible pathways between VET, general education and higher education, as well as strengthening tertiary VET as a means to address social inclusion, increase participation in higher education, and promote student success;
Amendment 107 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Encourages a more complete and effective integration of practical skills and knowledge with traditional academic programmes of higher learning;
Amendment 108 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Notes that improving the quality in VET, in cooperation with social partners and public employment services, through enhanced practical education and apprenticeships, is necessary to meet the labour market needs and societal demands and should facilitate mobility in the lifelong learning process;
Amendment 109 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Underlines the benefits of a dual system of vocational education and training as an important part of general education, and aimed at reducing youth unemployment and linking vocational training to current and future labour market needs;
Amendment 110 #
2015/2257(INI)
Motion for a resolution
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Supports the development of modern technologies and infrastructures in strengthening and modernising national vocational education systems to improve the access and quality of mobility;
Amendment 115 #
2015/2257(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls to improve the access to high quality information on VET possibilities for young people and businesses via available and targeted specialised guidance and counselling services;
Amendment 131 #
2015/2257(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Promotes the exchange of best practices and political guidelines involving the improvement and benefits of international mobility in VET and apprenticeships, which also contribute to advancing educational research for practical vocational application, as well as improving vocational training practices in companies;
Amendment 133 #
2015/2257(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Acknowledges the importance of European Alliance for Apprenticeships to improve the quality and availability of apprenticeships in the EU, and ask the European Commission to give its financial support and strategic priority to encourage all related stakeholders to improve conditions for apprenticeships;
Amendment 147 #
2015/2257(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Enhances mobility in employment, education, apprenticeships and traineeships in national European Youth Guarantee Schemes in order to improve the skills of young people, as well as reduce the geographical skills mismatch in the EU;
Amendment 172 #
2015/2257(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encourages further measures to facilitate access by disadvantaged groups and people with special needs to Erasmus+ mobility actions and to create more flexible and individualised training and learning pathways adapted to people with disabilities;
Amendment 218 #
2015/2257(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Encourages improved promotion and visibility for young people and enterprises of such platforms as Drop'pin EURES the aim of which is to facilitate the mobility of young people for apprenticeships, internships, training programs, and e- learning language courses;
Amendment 54 #
2015/2147(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas digital economy together with innovative services and eco- industries holds the largest growth and employment dividends for the future and therefore represents a new frontier of the single market;
Amendment 107 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas reasons for European citizens not shopping online include trust, privacy, protection and security concerns as well as choice concerns, as consumers often don't now or find it difficult to understand the different options and rights they have in the digital environment or problematic to find a solution and redress when things go wrong;
Amendment 177 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 184 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to conduct a study which explores the wider impact of digitalisation on European societies in order to establish how and to which degree the phenomena has altered life in each and every Member State and to share these findings with all EU institutions and Member States; on this basis to assess whether and to which extent further action in the respective policy fields is required;
Amendment 310 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and, to effectively protect consumers and workers' rights and to promote the internet as an open and global platform for communication and innovation;
Amendment 334 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 350 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that in most Member States public and private investment is insufficient; urges the Commission to take additional measures to improve and facilitate access to finance for SMEs, particularly in respect of key sectors, including the emerging digital sector; asks the Commission to respect the timetable for the launch of the EFSI immediately, so that it has the intended effect of stimulating the real economy and boosting recovery in the Member States; considers that these investments will serve to strengthen EU competitiveness in key growth sectors such as the Digital Single Market, services, energy and transport;
Amendment 351 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that digital economy will revolutionize every sector in the European economy and will change the life of every European citizen; Stresses, therefore, that the Commission and Member States need to provide additional support to help citizens better understand how to benefit from the digital revolution by using smart technologies and services and prepare the businesses in particular SMEs for the digitalisation of traditional industries so that Europe is equipped for the tasks and demands of the future;
Amendment 388 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that e-commerce provides consumers with greater choice, especially for citizens in rural, remote and peripheral areas who may otherwise not have access to a wide choice of goods, but reminds that consumers' trust and online security are fundamental aspects to enhance consumer engagement and empowerment in the digital single market;
Amendment 410 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a fullfurther harmonisation of the legal framework governing online sales of digital content irrespective of whether they are in a tangible or intangible format and irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach in order to close any legal gaps and improve the conditions for the functioning of the internal market;
Amendment 413 #
2015/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachB2C digital content purchases irrespective of whether it is embodied on tangible mediums or intangible format, in particular rules on conformity, remedies in case of lack of conformity, termination and modification of B2C digital content contracts, irrespective of whether they are cross- border or domestic sales, constitutes the most practical and proportionate approach in order to close legal gaps and to improve the conditions for the functioning of the internal market;
Amendment 426 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the need to adjust intellectual property rights when online sales of B2C digital content products are being newly regulated; stresses that digital content products or services supplied to the consumer must be free of any rights of a third party;
Amendment 432 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Is concerned that the implementation of legislation applicable to B2C online sales contracts, which would give priority to the national law of the seller's seat or residence (country of origin principle) is inconsistent with Article 6 of the Rome I Regulation;
Amendment 467 #
2015/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; points further to the need to ensure accessible e-commerce services through the whole value chain, including accessible information, accessible payment mechanisms and customer service;
Amendment 497 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recognises that stepping up of e- commerce is vital for ensuring that start- up companies, SMEs, specifically innovation-based SMEs are able to set up and develop efficient business models online;
Amendment 499 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes further the Commission's initiative to review the Regulation on Consumer Protection Cooperation;
Amendment 500 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Regrets the Communication's neglect of abusive and unfair lending practices targeting consumers via email, text messages or mobile applications while consumers are still bearing the costs of the financial market crisis, points out that due to the often very high interest rates of such credits even small amounts can quickly accumulate and lead to consumers excessive indebtedness;
Amendment 501 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for the introduction of guidelines on limiting excessive aggressive advertisement of abusive lending practices and amendment of the regulations on assessments of creditworthiness of consumers; welcomes the upcoming revision of the EU Directive on Misleading and Comparative Advertisement;
Amendment 502 #
2015/2147(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 511 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and, delivery times and information schemes on liabilities in case of loss or damage as well as the regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations but calls upon the Commission to and Member States to refrain from further deregulating the parcel delivery and postal services sector in a way which could lead to unreliability and precarious working conditions;
Amendment 588 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Supports the Commission's plan to address geo-blocking in an effective manner by supplementing the existing e- commerce framework; considers it vital to focus on technological measures and technical practices resulting in unjustified limitations on access to information society services provided across border, on the conclusion of cross-border contracts to buy goods and services, but also on adjacent activities, such as payment and delivery;
Amendment 618 #
2015/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 677 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that in order to reap the full benefits offered by ICT and to keep up with other international markets, roll- out of high-speed fixed and wireless broadband networks, especially in rural and remote areas, should remain a key priority for Member States, creating a vital social and economic driver in areas which would otherwise face substantial and at times detrimental isolation due to a number of factors with poor provision of physical as well as digital infrastructure playing a key role;
Amendment 690 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highlights in this context the need for the Commission to closely cooperate with the Member States, in order to establish performance indicators and guidelines pertaining the quality of the 112 service, paying particular attention to the need for interoperability between emergency services, for multilingualism and for timely and qualitative interventions by emergency services; emphasises that in this context the importance of accessibility to 112 services for all citizens and underlines the necessity of 112 access per SMS or comparable means for people with special needs; further calls on the Commission to promote knowledge of the EU-wide, universal and multilingual 112 system;
Amendment 691 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that a full revision of the Universal Services Directive is needed to enhance consumer rights in the digital world and to protect consumers from discriminatory behaviour and unfair service blocking;
Amendment 692 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to strengthen and enhance Digital Single Market end-user rights (consumer rights) in the upcoming revision of the Universal Services Directive, so that consumers' rights are addressed coherently in the context of the comprehensive review process of the electronic communications regulatory framework;
Amendment 792 #
2015/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to ensure that the implementing measures of the Connected Continent Package deliver the end of roaming charges for all European consumers by June 2017; Or.
Amendment 868 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the up- coming Internal Market Sstrategy and urges the Commission to also focus on identifying possible gaps in terms of consumer protection;
Amendment 928 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; believes in this regard that particular efforts should be put in place in order to ensure full security for consumers in the use of electronic means of payment, through the achievement of a fully integrated and user-friendly EU market for payment services;
Amendment 967 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Welcomes the recent ECJ ruling on the EU-US data sharing agreement reaffirming the importance of data protection as a fundamental right in the EU; urges the Commission and Member States to respect the ECJ ruling and to immediately take steps to address the legal uncertainties and implement appropriate safeguards for citizens and business in order avoid fragmentation in the digital single market;
Amendment 970 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Is of the opinion that personal data of citizens is not a commodity but a fundamental right and that the Commission and Member States need to guarantee that citizens' personal data is protected, especially when it is transferred to third countries;
Amendment 49 #
2015/2139(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Advocates that fostering an intercultural and interfaith approach in the educational field is needed in order to address and promote multiculturalism, integration and social cohesionsocial inclusion and cohesion, including through exchange and mobility programmes for all;
Amendment 72 #
2015/2139(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that cultural dialogue and diversity should be integrated in a transversal way in all EU policy areas that impact on EU fundamental values, such as youth policy, education policy, mobility, employment and social affairs, external policies, women's rights and gender equality, trade and regional development;
Amendment 79 #
2015/2139(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the need to prepare future generations to be audacious problem solvers by ensuring that they have the motivation, commitment and skills to be audacious problem solverssuch as entrepreneurship, leadership and capacity building;
Amendment 82 #
2015/2139(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recognises that intercultural dialogue is a tool for inclusive democratic participation and empowerment of citizens, in particular in relation to common goods and public spaces; argues that as such, intercultural dialogue may significantly contribute to the improvement of democracy and the development of greater and deeper inclusivity and sense of belonging;
Amendment 90 #
2015/2139(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that formal, non-formal and informal education and lifelong learning not only provide knowledge, skills and competences, but should also help learners to develop civic values and become active, responsible, open-minded members of society; recognises the importance of cooperation among all education stakeholders, including parents, families and associative structures; advocates building on children and young people's sense of initiative and engagement in order to strengthen social ties as well as generate a sense of belonging and develop ethical codes to challenge discrimination;
Amendment 98 #
2015/2139(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises the benefit of working at formal, non-formal and informal education levels and to build synergies and partnerships between all levels and forms of learning settings, including across generations;
Amendment 104 #
2015/2139(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is of the opinion that exposing children to other cultures at a very young age helps them obtain basic life skills and competences necessary for their personal development, future employment and active EU citizenship; stresses that fine tuning of the school curricula to include targeted educational school visits in different Member States and transnational mobility of young children is needed in order to lay down the foundations of European cultures, arts, languages and values;
Amendment 106 #
2015/2139(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Member States to develop quality training, empowering educators, youth and community workers, as well as counselling services at schools and in non-formal and informal settings, for both children and their parents, to address all forms of discrimination and racism, including bullying and cyber- bullying;
Amendment 117 #
2015/2139(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the need to create rights- based and gender-sensitive learning environments for students to learn about and stand up for human rights, democracy and the rule of lawincluding women's and children's rights, fundamental values and civic participation, rights and responsibilities of citizens, democracy and the rule of law, being confident in their identity, knowing their voice is heard and feeling valued by their communities; encourages students to actively participate in the governance of their learning structures;
Amendment 138 #
2015/2139(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises the importance of both formal, non-formal and informal learning, as well as volunteering, to promote self- development focusing on cognitive and non-cognitive skills, critical thinking, media literacy and intercultural skills; capacity to deal with different opinions, media literacy, intercultural skills and language learning as well as social and civic competences including learning about cultural heritage as a tool to address contemporary challenges through sensitive interpretation;
Amendment 142 #
2015/2139(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Affirms the need, when dealing with the issue of intercultural dialogue and education, to keep a gender perspective and to take into account the needs of people suffering from multiple forms of discrimination, including people with disabilities, people identifying as LGBTI and people coming from marginalised communities;
Amendment 173 #
2015/2139(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to ensure equal opportunities and combat all forms of discriminationthe economic and social causes of exclusion as well as all forms of discrimination; recalls the key role played by the media, including social media, both as a potential platform for extreme discourses and as a vehicle to counter xenophobic narratives, break down stereotypes and prejudices and to promote tolerance;
Amendment 176 #
2015/2139(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States and the Commission to prevent extremism and marginalisation through community cohesion measures, involving a broad range of actors such as urban planners, social workers, community and faith leaders, educators, family support organisations and health professionals, with the objectives of countering extremism and fostering community cohesion;
Amendment 61 #
2015/2138(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that investing in a generation of knowledge-thirsty young people will produce a generation of youngsters willing to educate themselves, and to aim for academic achievements, and that it will reduce the number of school drop outs; is of the opinion, that in order to nurture generations of employable, flexible, qualified job and career seekers, education should go beyond the class room;
Amendment 69 #
2015/2138(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that making children aware of the potential of the outside world, – a world they might have heard of but never dreamt of visiting – would in turn stimulate a yearning for learning and study about other cultures, the arts, languages and customs; stresses that one way of promoting European cultures, languages and values to children at a very young age is through school and extracurricular activities in other countries and cultures, while being a part of the national school curriculum activities;
Amendment 70 #
2015/2138(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is of the opinion that school visits to other countries at a very young age would provide children with the unique opportunity to have a direct contact and a first-hand experience with the diversity of different European cultures, languages and history; recalls that the Erasmus+ programme does not cover mobility of very young children, and therefore calls on the Commission and Member States to explore the possibility of fine tuning the school curricula to include targeted school visits to other countries, so that in their school-lifetime, children would have been exposed to other cultures at least once;
Amendment 168 #
2015/2138(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to facilitate the sharing of best practices among Member States in combating discrimination and prejudice on the basis of race, ethnicity, sexual orientation, gender, gender identity, age and disability in educational settings, including by evaluating teaching materials, anti- bullying policies and anti-discrimination policies;
Amendment 7 #
2015/2129(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the fight against the sexual abuse of children needs a comprehensive, multi-disciplinary approach encompassing prevention; insists, for that reason, that measures such as awareness raising, training and education are just as essential in the fight against these crimes as assistance to victims and their families, investigation of crimes and prosecution of offenders;
Amendment 9 #
2015/2129(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes the Commission's reports on the implementation of Directive 2011/93/EU and agrees that despite the recent developments there is still a room for improvement until the Directive reaches its full potential across all Member States; repeats that the child's best interest must be the primary consideration in the implementation of the Directive 2011/93 of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography; urges the Commission to assist the Member States in achieving correct and full transposition and implementation of the Directive across the EU so that children can benefit from its full added value;
Amendment 12 #
2015/2129(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes with concern that the main challenges for Member States in implementing Directive 2011/93 are related to the provisions concerning preventive and intervention measures and assistance, support and protection to child victims; encourages the Commission in its implementation report to provide information on the best practices of actual measures adopted in different Member States and their impact in the fight against sexual abuse and sexual exploitation of children and child abuse images;
Amendment 13 #
2015/2129(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Reports that sexual abuse and sexual exploitation of children offline and online, including child abuse material, continues to be a major concern and a serious crime and violation of fundamental rights of the victims; stresses that these crimes cause short and long term physical, psychological and social harm to children with a continuous risk of re-victimisation and stigmatisation of the victims through the online environment;
Amendment 14 #
2015/2129(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Urges that a comprehensive policy response against the new forms of child sexual exploitation and abuse on the internet, such as cyber predation, sex extortion, commercial web streaming, revenge pornography, voyeurism, and grooming is urgently needed, including the strengthening of efforts and resources dedicated to victim identification and victim-centre services; recommends the Commission, in this regard, to further assess if the objectives of the Directive 2011/93 have been achieved effectively and if the Directive provides relevant response to the new digital and technological challenges and threats;
Amendment 16 #
2015/2129(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Encourages all Member States who still have not fully implemented Article 23 of the Directive2, 23, 24 and Article 18, 19 and 20 of the Directive to do so without delay and in particular to adopt preventive measures concerning the regular training of officials likely to come into contact with children;
Amendment 21 #
2015/2129(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Invites the Member States to implement provisions on assistance, support and protection measures for child victims of sexual offenses (Articles 18, 19 and 20) and, taking into account the best interests of the child, to ensure that child victims of sexual offences be considered as particularly vulnerable victims pursuant to the Victims' Rights Directive by adopting special assistance and protection measures, such as the possibility to testify without being required to give evidence in public hearing and the possibility to be assisted only by people that have been specially trained for this purpose;
Amendment 22 #
2015/2129(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on Member States in accordance with Article 23 to provide appropriate training and build competences with the new threats in the online environment and the widespread use of and access to mobile technologies and the internet, in particular among the judiciary and police units to assist them to properly investigate and prosecute perpetrators and to offer assistance to the victims;
Amendment 23 #
2015/2129(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Repeats that sufficient funds, human resources and investigative powers and tools including developing high-tech capabilities are needed to prevent illegal content online, to provide better and faster identification of victims and offenders and to respond to the new phenomena and expanding trends online, including new distribution and transaction models for child abuse material;
Amendment 25 #
2015/2129(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Agrees that awareness-raising materials, channels and campaigns for both children and adults, especially parents and those in contact with children need to be promoted at grass-root level with a view to help them understand and prevent online risks, provide safe online environment and promote positive online experience for children;
Amendment 26 #
2015/2129(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Encourages the Commission and Member States to promote training and educational initiatives to all relevant stakeholders, including children, parents, teachers, social workers, child protection officers, civil organisations and national authorities; supports age appropriate innovative tools to promote empowerment, media literacy and online safety as compulsory education at schools;
Amendment 27 #
2015/2129(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Calls on Member States and the Commission to enhance its efforts in promptly identifying victims and ensuring that they receive the necessary assistance, psychological support and protection to recover from the abuse; encourages Member States to provide victims a child friendly justice system to avoid secondary victimisation of a child;
Amendment 28 #
2015/2129(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the prevention measures should cover technology related aspects in particular, with a view to ensuring a safer internet and digital literacy; welcomes various initiatives, such as age appropriate privacy settings on the internet and other online innovative safety tools, aimed at making the internet a place of opportunities for children to communicate, to access information, and to develop their skills in an enhanced online safety environment;
Amendment 41 #
2015/2129(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the online sexual exploitation of children, among others through online phishing is a constantly evolving phenomenon which parallels developments in technology and that, according to the International Association of Internet Hotlines (INHOPE), the average age of victims of child sexual abuse material is steadily decreasing; underlines that peer-to-peer and Darknet networks provide a high degree of anonymity and are therefore used for exchanging child sexual abuse material;
Amendment 44 #
2015/2129(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the online sexual exploitation of children is a constantly evolving phenomenon with long term recurring consequences for its victims which parallels developments in technology; underlines that peer-to-peer and Deep Web and Darknet networks provide a high degree of anonymity for offenders and are therefore used for exchanging child sexual abuse material;
Amendment 48 #
2015/2129(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. RecommendStresses that blacklists of websites containing child pornography be prepared by national authorities and communicated to Internet service providers need to be based on clear and transparent criteria providing adequate level of legal certainty and predictability and complying with the existing legal and judiciary procedures, the European Convention for the Protection of Human rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union; recommends also the sharing of such blacklists of websites among the Member States through enhanced cooperation with Europol and its European Cybercrime Centre, and with Interpol;
Amendment 57 #
2015/2129(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to exchangein accordance to Article 24(4) to provide assessment for convicted offenders of the danger and risk of recidivism they represent; supports the exchange of such assessment and criminal records information about child sex offenders between law enforcement authorities so as to prevent sex offendersthem from moving unnoticed from one Member State to another for work or fin particular if working or volunteering with children or children’s institutions;
Amendment 69 #
2015/2129(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to make it mandatory for Internet service providers (ISP) to report child sexual abuse material detected in their infrastructure to law enforcement authorities and calls on the ISPs to preserve evidence on the basis of due legal process and in accordance with the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child; stresses the important role of ICT and ISPs in ensuring fast and efficient removal of illegal content online at the request of the responsible law enforcement authorities;
Amendment 81 #
2015/2129(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges Member States which have not yet done so to put in place and support safe and child sensitive reporting and counselling mechanisms, such as telephone or internet helplines and hotlines to which Internet users can report child sexual abuse material they find online and that are capable of assessing this reported content with a view to implementing notice and take-down procedures; takes the view that such hotlines should be allowed to search for child sexual abuse material proactively, as is the case for the Internet Watch Foundation (IWF) in the UK;
Amendment 83 #
2015/2129(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges Member States to ensure that citizens have access to the service operating hotline 116 000 to report missing children and to provide social support services for children and families in cases when a child goes missing, child abduction and where the life of a child is at risk;
Amendment 93 #
2015/2129(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Notes that measures taken by Member States to prevent illegal content online have not been effective enough; highlights that about half of the Member States have chosen to apply – besides measures aimed at the prompt removal of web pages containing child sexual abuse material in accordance with Article 25 (1) – measures which are optional under Article 25 (2) of the Directive to block access to websites containing or disseminating child pornography;
Amendment 95 #
2015/2129(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses that when Member States impose measures limiting the fundamental rights on the internet in relation to Article 25 the principles of transparency, necessity and proportionality need to be safeguarded in line with the law of the EU and of Member States and they need to provide the reason for the restriction and possibility of redress;
Amendment 97 #
2015/2129(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses that children's personal data must be duly protected and children and parents need to be informed of the risks and consequences of using children's personal data online;
Amendment 98 #
2015/2129(INI)
Draft opinion
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Agrees that multi-stakeholder engagement and cooperation between private and public sector including civil society, law enforcement agencies, agencies working with children, social service, private industry stakeholders such as technology industry, is crucial to effectively detect and fight illegal material and dissemination of child sexual abuse material online;
Amendment 99 #
2015/2129(INI)
Draft opinion
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Highlights also the need for international cooperation and transitional investigation with EU's strategic partners and law enforcement authorities to fight child sexual abuse and exploitation online;
Amendment 100 #
2015/2129(INI)
Draft opinion
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Repeats that precise statistics and data on the number of crimes committed especial in the area of child sexual abuse is still lacking due to the high percentage of unreported cases, novelty of the offences, and the differences of definitions and methodologies used in various Member States;
Amendment 103 #
2015/2129(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Member States to accelerate, in cooperation with the internet industry, the notice and take-down procedures on the basis of due legal process and in accordance with the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child.
Amendment 108 #
2015/2129(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Highlights that there is an increasing threat to children affected by the refugee crisis exposing them to increased risk of sexual exploitation and sexual abuse, in particular for unaccompanied minor children, as many are reported missing after their arrival; urges the Commission and Member States to address this phenomenon and to adopt effective measures to improve the situation and reinforce children's protection;
Amendment 109 #
2015/2129(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the European Commission and the Member States to fully participate into initiatives and information campaigns for the European Day on the Protection of Children against Sexual Exploitation and Sexual Abuse, established by the Council of Europe, to raise awareness among citizens on the importance of combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 112 #
2015/2129(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Supports a rights-based approach to the protection of children taking into account the international legal order; recalls, in this context, that the 2011 EU Agenda for the Rights of the Child considers "the Treaties, the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of the Child (UNCRC) as a common basis for all EU action which is relevant to children".
Amendment 3 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the link between the single market and EU trade policy, and the fact that a dynamic, open and freeair global trade system is essential to making the single market function and grow; However, notes that this system needs effective, fair, transparent and strong global rules; Highlights that the multilateral rule-based system under the WTO is the most legitimate mean of managing and expanding trade relations in a more transparent and democratic way;
Amendment 8 #
2015/2105(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the link between the single market and EU trade policy, and the fact that open, free and freeair global trade is essential to making the single market function and grow;
Amendment 10 #
2015/2105(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that, given the EU’'s status as the largest economy in the world, trade is its strongest policy tool for promoting European values abroad while creating jobs and growth at homesustainable and responsible trade can be a tool for promoting European values abroad; points out that a new future EU strategy on trade and investment paired by a coherent EU industrial policy, internal market and the economic policies will add value within the EU by fostering economic growth, investment and creating jobs;
Amendment 17 #
2015/2105(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the new trade strategy shall be conducted in the interest of European consumers and in a coherent manner with the principles, objectives and initiatives of the Union´s external actions;
Amendment 18 #
2015/2105(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the new EU trade strategy should promote wealth distribution, help fighting against poverty and social and economic inequality and contribute to reinforce the rule of law, labour standards, human rights and fundamental freedoms at the same time as it creates economic growth and prosperity;
Amendment 19 #
2015/2105(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that the trade policy should be accompanied by appropriate internal EU policies in order to allow consumers and workers in the EU to fully benefit from trade to be equipped with adequate social safety net; recalls the need for EU trade policy to be consistent with the EU´s commitments on human rights and to respect OIT international labour conventions;
Amendment 20 #
2015/2105(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points out that investment in education and innovation are key for the EU to compete successfully on the global markets while maintaining high levels of employment under fair conditions; stresses that social consequences of market opening must not only be addressed but foreseen and absorbed in a way that workers have the skills and tools needed to adapt to new challenges ; Considers therefore essential to invest in education and long life learning;
Amendment 27 #
2015/2105(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the European SME´s participation to Global Value Chains is directly linked to the internationalization process; Requests in this sense the that the Commission take more measure in order to facilitate SME´s access to third markets;
Amendment 30 #
2015/2105(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission on one hand to support SMEs going global and to make available more internationalization tools, which would result in increased export capacity, and on the other hand to ensure protection of SMEs from unfair trading practices;
Amendment 34 #
2015/2105(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights the importance of promoting innovation and quality as an added value of European products; notes that the recognition in trade agreements of geographical indications should be a priority, it equally notes that the extension of geographical indications to non- agricultural products could be a tool to encourage international trade expansion; notes that this tool could be effective to fight against commercial frauds and counterfeiting of goods at the same time as it fosters R+D and competitiveness for our businesses;
Amendment 35 #
2015/2105(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Agrees with the Commission on the need to take a holistic yet ambitious approach to public procurement while ensuring a level playing field for an equal and fair access to it, urges the Commission to defend EU rules and standards when negotiating trade and investment agreements with non EU- countries;
Amendment 46 #
2015/2105(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesStresses the importance of the Commission’'s pledgecommitment that no trade agreement will lower EU consumer protection standard, labour and environmental standards , which constitute the core of the European social model, while guaranteeing full compliance with the EU acquis;
Amendment 51 #
2015/2105(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees with the Commission that trade policy can work only if Europe continues its focus on better regulation, cutting red tape and increased competition within the single marketremoving obstacles to the completion of the single market; welcomes the Commissions´ commitment upon which every significant initiative in the field of trade policy will be subject to a sustainability impact assessment; reminds the importance of carrying ex post evaluations and highlights that impact assessments and evaluations including appropriate consultation of all stakeholders are crucial for the formulation of sound, transparent and evidence-based trade policies;
Amendment 56 #
2015/2105(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that transparency in trade is fundamental for consumers trust to better regulation and in order to reinforce public trust within the EU and the legitimacy of EU trade policy abroad; thus, considers it essential that transparency should apply at all stages of the negotiating cycle;
Amendment 65 #
2015/2105(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the current and future exclusion of services of general interest and services of general economic interest from trade agreements (including, but not limited to, water, health, social services, social security systems and education, waste management and public transport); welcomes the commitment by the Commission upon which it will not require governments to privatise any service nor prevent them from renationalising once privatised services, nor expanding the range of public interest services they offer to citizens;
Amendment 69 #
2015/2105(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to ensure the highest level of transparency, dialogue and accountability; keeping the European Parliament fully and immediately informed at all stages of the negotiations, ensuring the serious and continuous engagement of the EU institutions with all relevant stakeholders throughout the whole negotiation process as well as with national parliaments and regional and local authorities; furthermore calls on the Commission to encourage EU negotiating partners to equally act in widening transparency thus ensuring the democratic foundation of trade policy, strengthening EU citizens trust and preventing misinformation;
Amendment 70 #
2015/2105(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the strategy’'s focus on the global digital market and preventing the development of new unjustified barriers to trade in digital goods and services; supports, in line with data protection rules, all measures to increase the free flow of data; however recalls that data protection rules are not a barrier to data flows but a fundamental right and that the latter should never compromise the EU´s acquis on the former;
Amendment 19 #
2015/2104(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Stresses the important role of cultural diplomacy, cultural cooperation and education and cultural exchange in strengthening a common core of universal values;
Amendment 20 #
2015/2104(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Acknowledges that culture is at the heart of human development, playing an important role in the building of society, promoting democracy and social inclusion and a strong proponent of human rights and fundamental liberties; calls on the EU, in accordance with its powers and responsibilities, to incorporate cultural diversity and promotion of human rights as one of the central elements of international relations and, in particular, in the common European development cooperation and to ensure that any person who alleges that their cultural rights have been infringed has effective access to remedy;
Amendment 25 #
2015/2104(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. In this regard, welcomes the Preparatory Action on culture in EU external relations as an important instrument in enhancing the role of culture as a strategic factor for human, social and economic development contributing to external policy objectives;
Amendment 33 #
2015/2104(INI)
Draft opinion
Paragraph 1 q (new)
Paragraph 1 q (new)
1q. Draws the attention to the importance of the "Declaration on promoting citizenship and the common values of freedom, tolerance and non- discrimination through education" adopted in Paris on March 2015 highlighting the need of fostering active dialogue between cultures as well as a global solidarity and mutual respect;
Amendment 38 #
2015/2104(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that in order to strengthen the EU-UNESCO cooperation there is a need to go beyond the financial assistance and joint project management by enhancing partnership in the field of education and culture in a long term perspective; calls, therefore for the establishment of high level annual strategic dialogue with regards to tackling common challenges in a more sustainable way;
Amendment 4 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to take measures in order to respond to the unprecedented crisis in the Mediterranean and to improve management of migration in all its aspects by reinforcing its migration policy and adopting a strategic European Agenda on Migration, which is a good first stepn important first step towards fair sharing of responsibilities and solidarity, saving lives, improving access to international protection and correcting distortions in the existing system currently placing extreme pressure on the external borders of Europe;
Amendment 12 #
2015/2095(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that numerous petitions submitted by EU citizens refer to a wide range of issues relating to the crisis in the Mediterranean, expressing shock at the tragic loss of life, and asking the European Union to act in swift and determined manner in order to prevent this tragedy from happening; the alleged shortcomings in the implementation of the European asylum and migration acquis and violations of fundamental rights, the ineffectiveness of the existing Dublin system and the lack of a comprehensive EU migration policy resulting in ‘push- backs’ at sea and refusal of entry at borders; the ineffectiveness of the existing Dublin system resulting in disproportionate burdens on receiving countries and the lack of a comprehensive EU migration policy; the necessity for increased efforts at the European level to uphold the rights of migrants, asylum seekers and refugees and support their integration in the EU;
Amendment 26 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that, given the scale of the recent tragedies and the alarming increase in irregular arrivals and deaths at sea, the EU and the Member States can no longer be observers but must take ownership and strong political leadership of the debate and fully endorse the Commission Agenda on Migration;
Amendment 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 33 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that action taken by the EU needs to be regularly monitored and enhanced to ensure full transposition of the Common European Asylum System by the Member States to properly tackle illegal migration, move towards more practical and tangible form of solidarity and an equitable allocation of responsibilities, improve governance of the asylum system, foster conflict resolution in countries of origin and strengthen the capacity of transit countries;
Amendment 46 #
2015/2095(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that monitoring, collecting and analysing information on migration flows and patterns in sea crossings between EU and African states need to be improved and coordinated by a centralised EU migration data management mechanism, which would provide regular assessment reports and strengthen consistency, planning and crisis management, thus helping activate early warning systems at EU level to react promptly to future migration crises;
Amendment 50 #
2015/2095(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the EU and the Member States to adopt, as a matter of urgency, a comprehensive European migration and asylum policy, based on respect for human rights and dignity, international standards and the values on which the EU is built and on the principle of solidarity as set out in Article 80 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 56 #
2015/2095(INI)
Motion for a resolution
Citation 60 a (new)
Citation 60 a (new)
- having regard to the numerous petitions submitted by EU citizens to the Petitions Committee in the European Parliament referring to a wide range of issues relating to the crisis in the Mediterranean and the tragic loss of life at sea, the shortcomings in the implementation of the European asylum and migration acquis and the ineffectiveness of the existing Dublin system, the lack of a comprehensive EU migration policy and the failure to apply the principle of solidarity, and violations of fundamental human rights;
Amendment 56 #
2015/2095(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses its concern that a large number of children, including unaccompanied minors, who are especially vulnerable, are travelling across the Mediterranean; calls on the EU and the Member States to uphold the principle of the best interest of the child, including ensuring proper treatment and access to child-friendly asylum procedures, avoiding transfers of unaccompanied minors unless it is in their best interest, taking into consideration family reunification possibilities, safety and security of the child;
Amendment 61 #
2015/2095(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers the important preventive measures contained in the Commission’s agenda for fighting smuggling networksand in particular the ones aimed at saving human lives, emergency relocation mechanism, and fighting smuggling networks to address the emergency of the situation and tackling the root causes of migration to baddress the long-term objectives, but recalls that, meanwhile, flows of people will continue and that a EU- wide permanent and binding relocation mechanism that can be triggered quickly in case of emergency for people in need of international protection based on fair objective criteria is needed as a matter of urgency;
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 78 #
2015/2095(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to ensure a meaningful revision of the Dublin Regulation in order to alleviate sudden and disproportionate migration pressure on the Member States at the external borders of the EU such as Malta, Italy and MaltaGreece, which are more directly exposed to migrant flows, without undermining the security of the Union’s external borders;
Amendment 80 #
2015/2095(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that, given the large and increasing numbers of people crossing the Mediterranean, the number of persons in clear need of international protection included in the emergency mechanisms does not adequately meet the EU Member States’ responsibility to ensure the protection of vulnerable people, reaching the EU external borders; Calls on the Member States to increase the use of safe and legal access channels to the EU for asylum seekers and people in need of international protection in order to develop legal routes to the EU, eradicate smuggling and reduce the number of lives lost at sea;
Amendment 82 #
2015/2095(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges the EU to continue reinforcing operation Triton at the level of the Mare Nostrum operation; Calls on the Commission to provide continuous financial support and transparent monitoring for FRONTEX and its operational expenditure and activities;
Amendment 85 #
2015/2095(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the EU and the Member States to provide an international framework for dialogue and a comprehensive debate on migration with third countries of origin and transit in order to ensure closer solidarity and cooperation with the EU, address the root causes of migration and ensure progress on negotiations and full implementation of readmission agreements; calls on the EU to revise its funding programmes in order to ensure that funds are channelled into the right projects which result in improving health and education, industry and infrastructure in order to create jobs and improve the possibility of a dignified future in countries of migrant origin;
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 337 #
2015/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the agencies’ risk analyses; observes that which should provide regular assessment reports, planning and crisis management, thus helping activate early warning systems at EU level; observes that in order to be able to react promptly to migration flows and patterns in borders crossings Union agencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 515 #
2015/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that further steps are necessary to achieve full harmonisation and Europeanisation of the European asylum policy, based on respect for human rights and dignity, international standards and the values on which the EU is built, and to ensure that the CEAS could becomes a truly uniform system; effective and uniform solidarity-sharing system among all Member States;
Amendment 551 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses further that the premise for Dublin is outdated and based on a very different geo-political environment than the one faced today; Calls for an overhaul of the archaic Dublin System into a system which deals with the registration of asylum seekers separately from asylum claims, under the provisions granted by the Common European Asylum System; Highlights that the "irregular entry" criterion should no longer be taken into account to determine which Member State shall be responsible for the examination of an asylum claim, but that the responsibility for the examination of an asylum claim should be made through a centralised system in a way that ensures no Member State's reception capacities are disproportionately affected; calls for the allocation of technical and financial resources and support to Member States of first arrival in order to ensure the swift and effective registration of asylum seekers in full respect of fundamental human rights of refugees;
Amendment 617 #
2015/2095(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive asylum decisions imust also be recognised as a logical step towards proper implementation of Article 78(2)(a) TFEU, which calls for ‘a uniform status of asylum valid throughout the Union’;
Amendment 633 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘what constitutes a 'mass influx’' to be established upon revision of this directivDirective taking into consideration different criteria such as the size of the territory of the Member State and the population density of the Member State; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 698 #
2015/2095(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on the Member States to establish national integration support programmes, allocate adequate resources and support, and improve the application of the Common Basic Principles for Immigrant Integration Policy in the EU; calls on the Commission to strengthen the role of the network of National Contact Points on Integration and of the European Integration Forum as platforms for dialogue to ensure better integration and exchanges of promising practices among Member States;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 773 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 143 #
2015/2089(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission to use more strategic EU legislative approach by identifying the areas that should be subject of most policy attention and as a result to propose a comprehensive solution to each of the remaining priorities and existing obstacles geared towards winning back the trust of European citizens; calls on the Commission to back up each piece of legislation with a comprehensive logic map identifying synergy and conflicts with other policy areas in Europe that can affect the everyday life of the European citizens and providing evidence that the new proposals are likely to address those problems;
Amendment 144 #
2015/2089(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the European Commission to strengthen the role of the Single Market as a separate pillar of the European Semester process, which should be supported by an annual Single Market Integration report as an input to the Annual Growth Survey;
Amendment 1 #
2015/2088(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that “a new boost to jobs, growth and investment” is an essential priority of the European Commission and that in its Work Programme for 2015, the Commission committed to take practical initiatives to promote integration and employability in the labour market, particular measures to support Member States in getting young people into work; reiterates that the European Parliament has regularly proposed different solutions stressing that youth employment, education and training should be one of the highest political priorities for Europe;
Amendment 27 #
2015/2088(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need to create and develop high quality lifelong career guidance with the active involvement of the families in order to help young people make better choices regarding their education and professional careers;
Amendment 42 #
2015/2088(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of teaching and learning general basic skills such as ICT, maths, critical thinking, foreign languages, mobility etc., which will enable young people to easily adapt to the changing social and economic environment;
Amendment 53 #
2015/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the constant evolution of the labour market and stresses the importance of meeting labour market demands with appropriate qualifications and skills, by revising and developing existing curricula and by addressing technological, social and environmental changes in close cooperation with employers, professional organisations and business communities, social partners, youth organisations and all relevant stakeholders; however, points out that education should not only provide skills and competencies relevant to the job market needs, but should also contribute to the personal development and growth of young people in order to make them proactive and responsible citizens; stresses therefore the need for civic education in the whole educational system both formal and non-formal;
Amendment 59 #
2015/2088(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to include elements of entrepreneurial learning at all levels of education, since instilling entrepreneurial spirit among the young at an early stage is an effective way of combatting youth unemployment; urges, in this respect, active dialogue and cooperation between the university community and business aimed at developing educational programmes which equip young people with the requisite skills and competences;
Amendment 60 #
2015/2088(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that entrepreneurship requires the development of transversal skills such as creativity, critical thinking, empathy, teamwork and a sense of initiative, which contribute to young people's personal and professional development and facilitate their transition into the job market; believes that there is a need, therefore, to facilitate and encourage participation by entrepreneurs in the educational process;
Amendment 74 #
2015/2088(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the lack of language skills is a major obstacle for young people to be competitive on the European labour market and stresses that Member States need to equip young people from a very early age with the various communication and language skills in order to address the problems caused by current skills mismatch;
Amendment 85 #
2015/2088(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the Youth Guarantee and the Youth Employment Initiative have an important role to play in developing education and training for the young unskilled and low skilled unemployed people, but stresses that there is a need for better financing and a proper and speedy implementation of those schemes followed by appropriate monitoring of the situation in each Member State.
Amendment 96 #
2015/2088(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Underlines the value of transversal skills acquired through sports as part of non-formal and informal learning, and further stresses the link between sports, employability, education and training.
Amendment 15 #
2015/2063(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the prevention of terrorism and countering of radicalisation is one of the key priorities within the European Agenda for Security, but regrets that despite the recent reforms Europe is still unable to adequately respond to the new challenges, and stresses the need for a multifaceted approach to address the root causes of terrorism; reiterates the fundamental role of education, teacher training, youth policies and interfaith and intercultural dialogue to prevent radicalisation leading to violent extremism;
Amendment 21 #
2015/2063(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that young people without opportunities and jobs with idle time on their hands are more vulnerable and prone to be attracted to the perceived excitement of recruitment by terrorist organisations; calls on the Commission and Member States to address the social inequalities and social aspects that continue to stand on the way of opportunities of the younger generations and to promote youth employment and the promotion of civil society as a prominent features of any policy addressing the issue of prevention of radicalisation and recruitment of European citizens by terrorist organisations;
Amendment 43 #
2015/2063(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that increasing engagement with young people, including through educational exchanges and other networks, is a core element aimed at building bridges, overcoming prejudice and fostering religious dialogue and respect for cultural diversity; is of the opinion that cross-cutting programmes for action based on alternative education and cultural interface, noting the existing cultural diversity and the need for this to be understood, can play a major role in developing a common vision of the future based on respect for human rights and dignity, international standards and the values on which the EU is built;
Amendment 2 #
2015/2039(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
– having regard to the European Fund for Strategic Investments (EFSI)1b, __________________ 1bProposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 (COM(2015)0010).
Amendment 13 #
2015/2039(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the real purpose of the Bologna Process is to support mobility and internationalisation, as well as to ensure compatibility and comparability in standards and quality of different higher educational systems while respecting the autonomy of universities;
Amendment 35 #
2015/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Bologna reforms resulted in the launching of a European Higher Education Area (EHEA), and have allowed significant achievements in the past 15 years in making higher education structures more comparable, increasing mobility, adjusting educational systems to labour market needs, and improving overall employability and competitivenesimproving the quality of educational systems as well as the attractiveness of higher education in Europe;
Amendment 43 #
2015/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EHEA countries to implement the commonly agreed reforms aimed at hastening the achievement of the Bologna Process goals, and tostrengthening the credibility of the EHEA; encourages support thosefor countries encountering difficulties in implementing these reforms; supports, in this regard, the creation of broad partnerships between countries and relevant stakeholders;
Amendment 61 #
2015/2039(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights the potential funding opportunities for higher education, vocational education and training provided by the EFSI; expresses its strong concerns about the planned cutting of funds for Horizon 2020 in favour of the EFSI;
Amendment 67 #
2015/2039(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages both top-down and bottom- up approaches, involving the whole academic community and social partners, and calls for the political engagement and cooperation of EHEA ministers in developing a common strategy for the achievement of the Bologna reforms;
Amendment 71 #
2015/2039(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the further development of study programmes with clearly defined objectives, providing the knowledge and mix of skills, both general and professional, needed to prepare graduates for the requirements of the labour market and to build their capacity for LLL;
Amendment 81 #
2015/2039(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the importance of guaranteeing the mutual recognition and compatibility of academic degrees for strengthening the system of quality assurance at European level, in line with the revised version of sthe Standards and gGuidelines for qQuality aAssurance (ESG) in the European Higher Education Area;
Amendment 87 #
2015/2039(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the mobility of students, teachers, researchers and staff is one of the main priorities of the Bologna Process, and highlights in this regard the crucial role of the Erasmus+ Programme; in this regard highlights the need to strengthen the implementation of the Mobility strategy 2020 for EHEA and the crucial role of the Erasmus+ Programme; stresses that learning grants pertaining to Erasmus+ should be exempt from taxation and social levies;
Amendment 101 #
2015/2039(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises both in programmes design and delivery the shift of the educational paradigm towards a more student-centred approach that includes the personal development of students; underlines the importance of students' participation in the higher education governance;
Amendment 109 #
2015/2039(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for more flexible learning paths that promote joint degree programmes and interdisciplinary studies, and that support innovation, creativity, vocational education and training (VET), dual education, and entrepreneurship in higher education, and calls for the potential offered by new technologies and digitalisation to be explored in order to develop new models for learning, teaching, and assessment;
Amendment 113 #
2015/2039(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on HEIs, public administrations, social partners and enterprises to lead an on-going dialogue facilitating and enhancing employability; in this regard stresses the need to focus the discussion on an unused potential of higher education in stimulating growth and employment; calls on EHEA countries and HEIs to enhance cooperation regarding traineeships and apprenticeships;
Amendment 121 #
2015/2039(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the Member States, the Union and the HEIs are responsible for providing quality education that responds to societal challenges;
Amendment 126 #
2015/2039(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for more involvement of secondary school teachers in the Bologna Process in terms of promoting quality in teacher training and professional mobility in order to meet the new educational and training demands of a knowledge-based society, and to contribute to increased student performance;
Amendment 127 #
2015/2039(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Emphasises the role of education, its quality and teaching mission in shaping future generations, contributing to wider social and economic cohesion as well as job creation, higher competitiveness and growth potential; calls in this regard for better recognition of the teaching profession;
Amendment 132 #
2015/2039(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Highlights the social dimension of the Bologna Process; calls for targeting the increased participation of under-represented and disadvantaged groups;
Amendment 133 #
2015/2039(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses the role of education mobility in intercultural learning, and that the Bologna Process should take active steps in fostering students' intercultural knowledge and respect;
Amendment 45 #
2015/2006(INI)
Motion for a resolution
Recital H
Recital H
H. whereas recent studies show that entrepreneurship can be learnedspirit and skills can be taught and that entrepreneurship education, if correctly designed, can have a positive impact on employment rates, start-up rates and survival rates of enterprises;
Amendment 126 #
2015/2006(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages full engagement and partnership among all stakeholders and in particular local entrepreneurial organisations, businesses and educational institutions in order to share best practices and experiences and to improve young people’s entrepreneurial skills and education among Member States;
Amendment 74 #
2015/0288(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 75 #
2015/0288(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 79 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital singleand well-functioning internal market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessaryjustifiable.
Amendment 87 #
2015/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) This Directive should guarantee a high level of consumer protection, to provide consumers with appropriate reassurance when they are wishing to enter into cross-border contracts. These rules should maintain or improve upon the level of protection that consumers enjoy at present under national or Union law.
Amendment 104 #
2015/0288(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive should establish a set of clear common rules for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers. This set of rules should recognise that consumers and sellers are not on an equal footing so that the legal framework must be just and fair to ensure a high level of consumer protection whilst still recognising the concerns of businesses, including small businesses.
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 151 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For theose purposes, product specific Union legislation, such as Council Directive 85/374/EEC1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector specific legislation. In so far as sproduct liability legislation. Specific durability information ishould be indicated in any pre- contractual statement which forms part of the sales contract, the consumwhich should be part of the criteria for conformity. Furthermore, sellers should be able to rely on them as a part of the criteria for conformityinform consumers about the availability of spare parts which are necessary for the use of the product. _________________ 1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 154 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Considering that the seller is liable towards the consumer for any lack of conformity of the goods resulting from an act or omission of the seller or a third party, it is justified that the seller should be able to pursue remedies against the responsible person in earlier links of the chain of transactions.
Amendment 155 #
2015/0288(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, in particular by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 156 #
2015/0288(COD)
Proposal for a directive
Recital 23 c (new)
Recital 23 c (new)
(23 c) The liability of producers in these circumstances should be construed as deriving from a clause enforceable against the producer as a contractual guarantee, a breach of which would trigger a claim for damages for non- conformity. For the purposes of this approach, this Directive should include an appropriate definition of 'producer’.
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. It is also important that Member States continue to be mindful of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice, including through claiming remedies collectively where appropriate.
Amendment 195 #
2015/0288(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In the light of the significance of the issues and rights addressed in this Directive for the internal market and for consumers and citizens of the Union, this Directive should be subject to close scrutiny and review, to include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level.
Amendment 198 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and other distance sales of goodimprove the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the Member States but can rather 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. 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 208 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive aims to improve the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders.
Amendment 213 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumergoods in which digital content or digital services are embedded unless the seller or producer proves that the lack of conformity lies in the hardware of the goods, nor to tangible media the main function of which is to carry digital content.
Amendment 218 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In so far as not regulated therein, tThis Directive shall not affect national general contract laws such as rules on the formation, the validity or effects of contracts, prescription periods, including the consequences of the termination of a contract.
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 265 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Pre-contractual information Where the provisions of Directive 2011/83/EU require the seller to provide information to the consumer before the contract becomes binding, any of that information that was provided by the seller other than information about the main characteristics of goods shall be deemed to be included as a term of the contract.
Amendment 288 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose any of the following remedies: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a proportionate price reduction in accordance with Article 12; (c) terminating the contract in accordance with Article 13.
Amendment 312 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Those national remedies may apply: (a) in addition to the remedies provided for by this Article, but not so as to allow the consumer to recover twice for the same loss; or (b) instead of the remedies provided for by this Article; or (c) where no such remedy is provided for by this Article.
Amendment 331 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The reduction of price shall be proportionate toappropriate and reasonable, and, where possible, proportionate taking into account the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract.
Amendment 363 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 or from the date on which the applicable prescription period starts to run, whichever is the later. After two years from that date, the consumer may still be entitled to a remedy for lack of conformity to the extent that he or she can establish that any fault which develops was inherent in the goods at the time of purchase. If, under national legislation, remedies for the lack of conformity with the contract under this Directive are subject to a limitaprescription period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 396 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce those rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 74 #
2015/0287(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The growth potential of e- commerce has not yet been fully exploited. Theis Digital Single Market Strategy for Europe29 tackles in a holistic manner therective tackles major obstacles to the development of cross-border e- commerce in the Union in order to unleash thisits full potential. Ensuring better access for consumers to digital content or digital services, providing remedies for consumers in case of lack of conformity or a failure to supply the digital content or digital services and facilitating businesses to supply digital content and digital services is necessary to boost the Union’s digital economy and, stimulate overall growth. _________________ 29 COM (2015) 192 final and increase consumer trust in the Digital Single Market.
Amendment 79 #
2015/0287(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 80 #
2015/0287(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 82 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protect and digital services as a common platform for all Member States while recognising Member States' competences within the Union, is necessary.
Amendment 112 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rules for the supply of digital content and digital services, provided that a high level of consumer protection is guaranteed, by setting out Union-wide contractual rights which are essential for this type of transactions.
Amendment 128 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Consumers willalready benefit from fully harmonisedthe European Union's past harmonisation efforts and will profit greatly from common rights for digital content and digital services at a high level of protection. They will have clear rights when they receive or access digital content and digital services from anywhere in the EU. This will increase their confidence in buyaccessing digital content. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services.
Amendment 168 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a duratangible medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporatingdigital content integrated in goods such as household appliances, toys and storage devices where that digital content is embedded in such a way that the goods function only as a carrier of the digital content. Theit operates as an integral part of the goods and cannot easily be un- installed by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the good. To the same avail, this Directive should also apply to the digital content supplied on a durable medium, independently whether it is soldgoods such as DVDs and CDs, incorporating digital content in such a way that the goods function only ats a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. Thecarrier of the digital content, unless the seller proves that the lack of conformity lies in the hardware of the good. Directive 2011/83 should continue to apply to those goods, including tohe obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. Theis Directive is also without prejudice to the distribution right applicable to theose goods under copyright law.
Amendment 172 #
2015/0287(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Considering that the seller is liable towards the consumer for any lack of conformity of the digital content or service resulting from an act or omission of the seller or a third party it is justified that the seller should be able to pursue remedies against the responsible person earlier in the chain of transactions.
Amendment 181 #
2015/0287(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The protection of natural persons in relation to processing of their personal data is a fundamental right. If a provision of this Directive conflicts with a provision of Regulation (EU) 2016/6791a the provision of that Regulation should take precedence over this Directive. The implementation and application of this Directive should be made in full compliance with the legal framework in the field of personal data and should supplement those rules where necessary in order to ensure a parallel protection of personal privacy and the dignity it seeks to secure through contract law. The exercise of rights granted under Regulation (EU) 2016/679 in a contractual context should not be put at risk by possible claims for damages or unjustified enrichment as a consequence of the exercise of those rights, which would go against the spirit of Recital 42 of Regulation (EU) 2016/679, which states that „(c)onsent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment." _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Amendment 261 #
2015/0287(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Due to the specific nature of digital content with its high complexity as well as the supplier's better knowledge and access to know how, technical information and high-tech assistance, it is the supplier who is in a better position than the consumer to know the reasons for the digital content or digital service not being in conformity with the contract. The supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer's digital environment with the technical requirements for the digital content. Therefore, in case of a dispute, it should be for the supplier to prove that the digital content is in conformity with the contract, unless the supplier proves that the consumer's digital environment is not compatible with the digital content. Only where the supplier proves that the consumer's digital environment is not compatible with the interoperability and other technical requirements, it should be for the consumer to prove that the digital content is not in conformity with the contract.
Amendment 272 #
2015/0287(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digitalany failure to supply the digital content or a digital service and for the lack of conformity with the contenract. Moreover, given that digital content or digital services may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period.
Amendment 280 #
2015/0287(COD)
Proposal for a directive
Recital 35
Recital 35
(35) A failure ofWhere the supplier fails to supply the digital content or a digital service to the consumer in accordance with the contract is a serious breach of the main contractual obligatthe consumer should call to make the supply within an additional and appropriate periond of the supplier, whichime. Any failure to supply within this additional period of time should allow the consumer to immediately terminate the contract. Where the supplier has initially not failed to supply the digital content or digital services, interruptions of the supply making the digital content or digital services not available or accessible to the consumer over a short period of time should be treated as non-conformity with the contract, and not a failure to supply. In particular, the requirement of proper continuity of the digital content should also cover more than negligible short term interruptions of the supply.
Amendment 366 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requirements concerninge purpose of this Directive is, whilst providing a high level of consumer protection, to contribute to the proper functioning of the internal market by laying down common rules on contracts for the supply of digital content or digital services to consumers, in particular rules on conformity of digital content or digital services with the contract, remedies in case of failure to supply digital content or digital services or the lack of such conformity and the modalities for the exercise of those remedies as well as on modification of the digital content or digital service and termination of suchlong- term contracts.
Amendment 412 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. 'price' means money or a digital representation of value including a virtual currency or another counter-performance such as data that is due in exchange for the supply of digital content suppliedor a digital service;
Amendment 416 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. personal or other data means data as defined by Article 4(1) of Regulation (EU) 2016/679 ;
Amendment 419 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. "data as counter-performance" means personal data or other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or digital service supplied, and which the supplier or a third party uses, on the basis of the consumer's consent or otherwise.
Amendment 452 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paidor undertakes to supply digital content or a digital service to the consumer in exchange for payment of a price and/or personal data or othe consumer actively provides counter-pr data provided by the consumerf ormance other than money in the form of personal data or any other data collected by the supplier or a third party.
Amendment 464 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentgoods in which a digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall also apply to tangible media which serve exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium.
Amendment 535 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content or digital service immediately after the conclusion of the contract, unless the parties have agreed otherwise. The supplyier shall be deemed to take place when the digital content is suppliedhave fulfilled his obligation to supply when the digital content or digital service is made available or is accessible to the consumer or, where point (b) or (c) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlierapplicable.
Amendment 578 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) wThether the digital content is supplied in exchange for a price or other cou interoperability that the consumer may reasonably expect from an electronic file supplied for an unlimited period of time requires, whatever the provisions of the contract may be, that this electronic file shall be supplied in an open format only. The supplier of such a file which uses proprietary technological protection measures shall make available to other suppliers of files or digital services which so request, the information which is necessary for the purpose of inter-operformance than money;ability. It shall not impose other hardware or software limitations preventing the access and use to a file in a digital environment other than the one in which it has been supplied, meaning that consumers can access digital content without having to use applications or other technologies to convert the content they want to have access to.
Amendment 580 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) where relevant, any existing international technical standards or, in the absence of such technical standards, applicable industry codes of conduct and good practices; and
Amendment 617 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time tThe digital content is supplied to the consumer, theor digital contentservice shall be free ofrom any restriction resulting from any right of a third party, including based on intellectual property, so that rights, that may prevent the consumer using the digital content can be usedor digital service in accordance with the contract.
Amendment 656 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determascertaine the consumer's digital environment in order to be able to establish whether the lack of conformity existed at the time of supply. The obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer. Only in exceptional and duly justified circumstances where there are no other means available the consumer shall grant the supplier upon request virtual access to the consumer's digital environment. Where the consumer fails to cooperate, the burden of proof with respect to the non- conformity with the contract shall be on the consumer.
Amendment 675 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) where the contract provides that the digital content shall be supplied over a period of time or at specified time or date for a single act of supply, any lack of conformity which occurs during the duration of that period or at the time or date agreed to supply the digital content or digital service.
Amendment 695 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The first paragraph shall not be applicable where the supplier has refused to supply the digital content or digital services or where supply within the agreed period is essential taking into account all the circumstances attending the conclusion of the contract or where the consumer informs the supplier, prior to the conclusion of the contract, that supply by or on a specified date is essential. In those cases, if the supplier fails to supply at the relevant time pursuant Article 5(2), the consumer shall be entitled to terminate the contract immediately.
Amendment 704 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In the case of a lack of conformity with the contract, the consumer shall be entitledable to request to have the digital content or digital service brought into conformity with the contract free of charge, unless this is impossible, disproportionate or unlawful, or to have an appropriate reduction in the price, or to terminate the contract under the conditions set out in this Article.
Amendment 798 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier, without prejudice to Regulation 2016/678, shall take allnecessary measures which could be expected in order to refrain from to restrain any further use of the counter- performance other than moneydata which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the contentand provide the right to the consumer to retrieve the collected data free of charge and to know how the data was utilised;
Amendment 836 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract, the consumer mayshall be entitled to terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contractfrom the date on which the digital content or digital service ceased to be in conformity with the contract, unless the lack of conformity with the contract is such as to justify termination of the contract as a whole.
Amendment 845 #
2015/0287(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 851 #
2015/0287(COD)
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13 b Obligations of the consumer in the event of termination 1. In the event of termination, where the digital content or digital service was not supplied on a tangible medium, the consumer shall refrain from using the digital content or making it available to third parties, in particular by deleting the digital content or rendering it otherwise unintelligible. 2.Where the digital content or digital service was supplied on a tangible medium or embedded in a good, the consumer shall (i) upon the request of the supplier, return, at the supplier's expense, the durable tangible medium or the good to the supplier without undue delay, and in any event within 14 days from the receipt of the supplier's request; and (ii) delete any usable copy of the digital content, render it unintelligible or otherwise refrain from using it or making it available to third parties. 3.The consumer shall not be liable to pay for any use made of the digital content or the digital service in the period prior to the termination of the contract.
Amendment 964 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end- use license to the consumer. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 969 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 164 #
2015/0278(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
Amendment 165 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availiability of accessible products and services on the internal market.
Amendment 170 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 182 #
2015/0278(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, includingolder persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 189 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements which enable all people to fully use the products and services and infrastructure, including the built environment, covered by this Directive in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected.
Amendment 198 #
2015/0278(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for a specific set of public sector bodies’' websites. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2102. Activities of ecommerce of public sector websites and mobile applications which are not covered by that Directive, fall under (EU) 2016/2102 fall within the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1) .
Amendment 202 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,Without common accessibility requirements of the built environment would facilitate the free movement of the related services and ofconnected to products and services, any accessibility standards of goods and services cannot be effective in ensuring accessibility for persons with disabilities. . Therefore, this Directive enablesshould oblige Member States to include the built environment used in the provision of the products and services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 225 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Only legitimate reasons should be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden. Lack of priority, time or knowledge should not be considered as legitimate reasons.
Amendment 228 #
2015/0278(COD)
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and shouldbe wide- reaching, while also takeing account of the administrative burdens that SMEs are faced with. It should set lightprecise and effective rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterpriseseconomic operators could invoke safeguard clauses under exceptional circumstances only, rather than providing for general exceptions and derogations for those enterprises. Exceptions to the rules of conformity assessment should be interpreted restrictively. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests.
Amendment 230 #
2015/0278(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Where the economic operators have used the safeguard clauses for a specific product or service, they should inform consumers that the product or service in question does not comply with any of the accessibility requirements set out in this Directive or that the product or service in question complies partially with those requirements and the reasons for the non-compliance or partial compliance. The information should be provided in a clear, accessible and easily understandable way for the consumers.
Amendment 232 #
2015/0278(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt or to specify needs of persons with functional limitations and persons with disabilities, the Commission should be able adopt, in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 243 #
2015/0278(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor. The manufacturer should add a clear reference to accessibility next to the CE marking in order to better inform consumers.
Amendment 247 #
2015/0278(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) Member States should establish a public accessible database register of non- accessible products and services. Consumers should be able to consult and log information about non-accessible products. Member States should take the measures necessary to inform consumers or other interested parties of the possibility of lodging complaints.
Amendment 250 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 258 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. In order to improve the functioning of the internal market, this Directive aims at approximating the laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services.
Amendment 259 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. This Directive establishes a framework for the setting of Union accessibility requirements for products and services referred to in paragraph 2 and subsequent, with the aim of ensuring the free movement of such products and services within the internal market while at the same time increasing the accessibility of such products and services for persons with functional limitations including persons with disabilities and older persons.
Amendment 268 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 277 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point da (new)
Article 1 – paragraph 1 – point da (new)
(da) e-book readers.
Amendment 293 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) banking and payment services;
Amendment 297 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and e-book readers;
Amendment 302 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) websites and mobile device-based services of postal, energy and insurance providers.
Amendment 328 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and, understandable and robust for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 332 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
(1a) “accessibility“ means the extent to which products, systems, services, environments and facilities can be used by people from a population regardless of age or disability to achieve a specified goal in a specified context of use;
Amendment 335 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design” referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devices for particular groups of persons with functional limitations, including and persons with disabilities where this is needed;
Amendment 340 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
(6a) 'e-books' means digital or electronic books supplied by download or web streaming ('streaming'), from a website so that it can be viewed on a computer, a smartphone, electronic book readers or other reading system;
Amendment 341 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
(6b) 'website' means all versions of websites, including those designed to be accessed from a mobile device or by any other means. If an application designed by the owners of a website offers services connected to the website, this definition also applies to such an application.
Amendment 347 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 a (new)
Article 2 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, and persons with disabilities and older people;
Amendment 349 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 b (new)
Article 2 – point 21 b (new)
(21b) "specific access service" means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audiovisual content, namely programs, for persons with disabilities;
Amendment 350 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 c (new)
Article 2 – point 21 c (new)
(21c) "Subtitles for deaf persons and hard of hearing (SDH) persons" means synchronized visual text alternatives for both speech and non-speech audio information needed to understand the media content;
Amendment 351 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 d (new)
Article 2 – point 21 d (new)
(21d) "audio description" means additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of audiovisual media that cannot be understood from the main soundtrack alone;
Amendment 352 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 e (new)
Article 2 – point 21 e (new)
(21e) "spoken subtitles or audio subtitles" means read aloud of subtitles in the national language when the audio speech is in a different language;
Amendment 353 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 f (new)
Article 2 – point 21 f (new)
(21f) "relay services" means phone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 354 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 g (new)
Article 2 – point 21 g (new)
(21g) "real time text" means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 359 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. General purpose computer hardware and operating systems and e- books readers shall comply with the requirements set out in Section I of Annex I.
Amendment 365 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 381 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and e-book readers shall comply with the requirements set out in Section VII of Annex I.
Amendment 387 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators as well as any other service or place for the purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 404 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking. They shall include an additional clear reference to accessibility.
Amendment 413 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. The provision of instructions and safety information to consumers should be done in accessible and multiple formats.
Amendment 478 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b a (new)
Article 12 – paragraph 3 – point b a (new)
(ba) if there is no significant negative impact on consumers in particular as regards the availability of similar products and services.
Amendment 491 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority. The market surveillance authority shall systematically verify the assessment for such an exemption to be granted.
Amendment 495 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including organisations representing persons with disabilities and the market surveillance authorities to ensure that adequate principles for the assessment of the exemptions are established to make sure they are coherent.
Amendment 496 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall ensure, in particular by strengthening support networks and structures, that they encourage SMEs and very small enterprises to adopt an accessibility sound approach as early as at the product design stage and service provision.
Amendment 498 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts and for the development of European standards;
Amendment 499 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 502 #
2015/0278(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In addition to the EU declaration of conformity, a notice on the packaging shall inform consumers in a simple and precise way that the product incorporates accessibility features.
Amendment 508 #
2015/0278(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Each Member State shall establish a public accessible database register of non-accessible products and services. Member States shall also take the necessary measures to inform consumers or other interested parties of the possibility of lodging complaints referred to in subparagraph a) and b) to the designated competent authority.
Amendment 687 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e
Annex I – Section IX – Part B – point 1 – point e
(e) making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 688 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e a (new)
Annex I – Section IX – Part B – point 1 – point e a (new)
(ea) making mobile-based services including mobile applications needed for the provision of the services accessible in a consistent and adequate way for users' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level.
Amendment 689 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point f
Annex I – Section IX – Part B – point 1 – point f
(f) providing accessible information to facilitate complementarities with assistive services; and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 693 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point a
Annex I – Section X – point a
(a) use of related outdoor areas and facilities under the responsibility of the service provider;
Amendment 694 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point b
Annex I – Section X – point b
(b) approaches to buildings under the responsibility of the service provider;
Amendment 695 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point g
Annex I – Section X – point g
(g) use of equipment and facilities used in the provision of the product or service;
Amendment 102 #
2015/0269(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Certain issues in Directive 91/477/EEC need further improvement in order to help Member States tackle cross- border illegal arms trafficking for criminal or terrorist purposes whilst also taking into account the proportionality principle when it comes to persons that lawfully acquire or possess a firearm for legal purposes such as shooting sports, hunting and collectors.
Amendment 149 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies and collectors concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. or, if they are exempt from deactivation on necessary educational, cultural, research and historical grounds or for national defence purposes, provided that stricter rules for authorisation and safekeeping are complied with.
Amendment 170 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 178 #
2015/0269(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States shall ensure that minimum criteria for safe storage and secure premises for firearms or ammunition are respected so that any person that lawfully acquires or possess a firearm is granted a license on the condition that the approved firearms and ammunition are kept locked safely and separately within such premises and that such firearms be kept unloaded.
Amendment 188 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Thosereactivated illegally. Stricter rules should also apply to firearms of that category even after theythat have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearmsto safeguard public security and safety.
Amendment 209 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of deactivated firearmsall firearms covered by this Directive, they should be registered in national registries that need to be interlinked at a European level to facilitate the cross-border exchange of information between all Member States.
Amendment 226 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is exceptionally high. Such semi-automatic weapons should therefore be banned fo object to stricter rules in order to better control and restrict their civilian use.
Amendment 234 #
2015/0269(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) This Directive should not limit the practice of sport activities, for which Member States may permit strictly limited exemptions for reasons of sport training and competitions.
Amendment 247 #
2015/0269(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary to include minimum requirements for safe storage of firearms in Directive 91/477/EEC. Member States should ensure that any person that lawfully acquires or possesses a firearm is required to take reasonable precautions to ensure that the firearm – and the ammunition for that firearm – is secured from loss or theft and is not accessible to third parties.
Amendment 256 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their essential components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methodif not monitored properly by the competent authorities of the Member States, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit thecontrol more efficiently selling of firearms and essential components by means of distance communication, notably internet, to dealers and brokersregistered brokers, so that the actual handing over of the firearm, essential component or ammunition is done at the premises of and by a dealer, broker, local police station or another body authorised under the national law of the Member State concerned.
Amendment 271 #
2015/0269(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Activities of an authorised dealers and brokers, falling under the scope of this Directive, should include purchase, sale, importation, export, display, assembly, modification, conversion, maintenance, storage, transportation, shipping, distribution, delivery, exchange or hiring of any firearms and essential components of firearms. Dealers and brokers should sell, transfer or deliver firearm and essential components only to persons who hold an adequate authorisation or licence, should keep a record of their sales and should inform the competent authorities of the Member States of any sale, transfer or delivery.
Amendment 321 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block, magazine and any other device designed or adapted to diminish the sound caused by firing a firearmin such a way that the firearm cannot discharge any shot, bullet or missile, and which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 334 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parincluding their essential components and ammunition.
Amendment 335 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, "collector" shall mean any natural or legal person, other than a dealer or broker, who is dedicated to the conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes, and who as such is licensed and registered in a public registry in the relevant Member State to acquire, keep or possess firearms, their essential components and ammunition. A collector shall not transport or publicly display firearms from his collection or from a part thereof without a permit from the relevant competent authorities of the Member States."
Amendment 342 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b b (new)
Article 1 – point 1 – point b b (new)
Directive 91/477/EEC
Article 1 – paragraph 1e b (new)
Article 1 – paragraph 1e b (new)
(bb) The following paragraph is inserted: "1eb. For the purposes of this Directive, "museums" shall mean permanent institutions in the service of society and its development, open to the public, which acquire, conserve, research and exhibit firearms, essential components thereof and ammunition for the purpose of gathering, conservation and academic or practical study of firearms, ammunition and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purposes."
Amendment 377 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms thatwhich have been modified with the purpose of rendering themrendered and certified as permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way.
Amendment 379 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Directive, "dealer" shall mean any natural or legal person, other than a broker, whose trade or business consists wholly or partly in any of the following:
Amendment 380 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point i
Article 1 – paragraph 2 – point i
(i) the manufacture, trade, exchange, hiring out, repairpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of fully assembled firearms;
Amendment 384 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of parpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of essential components of firearms;
Amendment 394 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
(iii) the manufacture, trade, exchangpurchase, sale, trade, transfer, exchange, hiring out, display, assembly, modification, repair, maintenance or conversion of ammunition.
Amendment 399 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d a (new)
Article 1 – point 1 – point d a (new)
(da) In paragraph 2, the following subparagraph is added: "No dealer, broker or other person shall sell or otherwise deal in, dispose or transfer under any title whatsoever any firearms, essential components or ammunition, without a licence or authorisation from the competent authorities of the Member States where it is established."
Amendment 417 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 501 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 91/477/EEC
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
(4a) In Article 4, the following paragraph is inserted: "4a. No dealer or broker shall sell, transfer or deliver any firearms, essential components or ammunition to another person who does not hold a licence or authorisation for such firearm or ammunition."
Amendment 517 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 3, Member States shall permit or authorise the acquisition and possession of firearms only by persons who have good cause and who:
Amendment 523 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession, of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have the consent of the person having legal authority, have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;
Amendment 543 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall lay down proportionate rules on safe storage and secure premises to ensure that the grant of a licence to any person lawfully acquiring or possessing a firearm or ammunition is subject to the condition that the approved firearms and ammunition are to be kept locked safely and separately within such premises and that such firearms are to be kept in an unloaded state.
Amendment 554 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medthe possibility of medical or psychological tests for issuing or renewing authorisations as referred to in paragraph 1 to establish that a person's state of physical or mental health is not such as to be incompatible with possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 583 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms, essential components and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provison and seized. , unless such firearms are deactivated or unless such possession or intended use has been authorised by the competent authorities in exceptional cases, for national defence, educational, cultural, research and historical purposes and where this is not contrary to public security or public order.
Amendment 585 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases for reasons of national security and defence the competent authorities may grant strictly limited authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 600 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise museums, licensed collectors or similar institutions and bodies concerned with the cultural and historical aspects of weapons, and recognised as such by the Member State in whose territory they are established, to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b), provided they have been registered with the competent authorities of the Member State.
Amendment 631 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 645 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may permit strictly limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following positive opinion from a national sport shooting federation.
Amendment 710 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purpose of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on the authorisations granted for the transfers of firearms to another Member State as well as information with regard toby electronic means via a data-exchange platform or interoperable data-exchange platforms, including, without limitation, information on the structure of their computerised data-filing systems as referred to in Article 4(4) with a view to enabling their interconnection with other existing instruments concerning: (a) their application of Articles 5 and 6; (b) authorisations granted for the transfer of firearms to another Member State; and (c) refusals to grant authorisations as definedprovided for in Article 7.
Amendment 715 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusals and the establishment and maintenance of a European platform for data exchange. The Commission shall adopt the first such delegated act by ... [9 months after the date of entry into force of this Amending Directive].
Amendment 770 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
7. Semi-automatic firearms for civilian use which resemble weapons with automatic mechanismith magazines capable of holding more than 20 rounds;
Amendment 780 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 22 #
2015/0268(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation constitutes an essential step towards the completion of the Capital Markets Union as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, entitled 'Action Plan on Building a Capital Markets Union' of 30 September 2015. The aim of the Capital Markets Union is to help businesses tap into more diverse sources of capital from anywhere within the European Union (hereinafter 'the Union'), make markets work more efficiently and offer investors and savers additional opportunities to put their money to work, in order to enhance growth and create jobs., in particular for SMEs;
Amendment 24 #
2015/0268(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The aim of this Regulation is to ensure investor protection and market efficiency, while enhancing the single market for capital and facilitating the access of SMEs to it. The provision of information which, according to the nature of the issuer and of the securities, is necessary to enable investors to make an informed investment decision ensures, together with rules on the conduct of business, the protection of investors. Moreover, such information provides an effective means of increasing confidence in securities and thus of contributing to the proper functioning and development of securities markets. The appropriate way to make this information available is to publish a prospectus.
Amendment 30 #
2015/0268(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The summary of the prospectus should be a useful source of information for investors, in particular retail investors and SMEs. It should be a self-contained part of the prospectus and should focus on key information that investors need in order to be able to decide which offers and admissions to trading of securities to consider further. Such key information should convey the essential characteristics of, and risks associated with, the issuer, any guarantor, and the securities offered or admitted to trading on a regulated market. It should also provide the general terms and conditions of the offer. In particular, the presentation of risk factors in the summary should consist of a limited selection of specific risks which the issuer considers to be the most material ones.
Amendment 37 #
2015/0268(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Omission of sensitive information in a prospectus should be allowed in certain circumstances by means of a derogation granted by the competent authority in order to avoid detrimental situations for an issuer, provided that the omission of such information is not likely to mislead the public with regard to facts and circumstances essential for an informed assessment of the issuer, offeror or guarantor.
Amendment 63 #
2015/0268(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The content of the summary shall be accurate, fair, clear and not misleading and containing all relevant information. It shall be consistent with the other parts of the prospectus.
Amendment 27 #
2015/0028(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit or prohibit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.
Amendment 43 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to limit the quantityor prohibit the placement on the market of products resulting from that hunt that may be placed on the market.
Amendment 12 #
2015/0009(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The economic and financial crisis has led to a lowering of the level of investments within the Union. Investment has fallen by approximately 15% since its peak in 2007. The Union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on Member States. This lack of investment slows economic recovery and negatively affects job creation, long-term growth prospects and competitivenessinternal and external competitiveness. Investment is a crucial component that will not only stimulate rapid economic and social recovery from the crisis, but also stimulate the creation of more and better jobs across the EU.
Amendment 19 #
2015/0009(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The purpose of the EFSI should be to help resolve the difficulties in financing and implementing productive investments in the Union, to overcome the current investments gap among Member States and to ensure increased access to financing. It is intended that increased access to financing should be of particular benefit to small and medium enterprises, notably innovative companies and start-ups. It is also appropriate to extend the benefit of such increased access to financing to mid- cap companies, which are companies having up to 3000 employees. Overcoming Europe's current investment difficulties should contribute to strengthening the Union's internal and external competitiveness, innovation potential, and economic, social and territorial cohesion.
Amendment 21 #
2015/0009(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The EFSI should support strategic investments with high economic value addeand social value added, promoting quality jobs and innovation, integrating and completing the Single Market, boosting the competitiveness of the EU and contributing to achieving Union policy objectives.
Amendment 65 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) development of infrastructurethe Single Market and its infrastructures, especially with regard to all its digital and IT components, including in the areas of transport, particularly in industrial centres; energy, in particular energy interconnections; and digital infrastructure with the purpose of minimising the urban-rural divide;
Amendment 70 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) investment in education and training, digital skills, training and literacy, culture, health, research and development, information and communications technology and innovation;
Amendment 72 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) expansion of renewable energy and energy and resource efficiency and of innovative, qualitative and sustainable public procurement;
Amendment 73 #
2015/0009(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
(d) infrastructure and innovation projects in the Digital Single Market, digital public administrations and public procurement, the environmental, natural resources, urban development and social fields;
Amendment 5 #
2014/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission's Report on the ECI of 1st of April 2015 acknowledging that there is still room to improve the ECI identifying a number of possible issues with a view of improving the instrument; Equally welcomes the European Ombudsman's own-initiative enquiry into the functioning of the European Citizens' Initiative (ECI) formulating eleven concrete proposals to improve the ECI process;
Amendment 5 #
2014/2257(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers the European Citizens’' Initiative (ECI) to be the first direct democratic instrument to enable citizens to become actively involved in the framing of European policies and legislation; and to connect them directly with EU institutions to discuss key issues at European level; Underlines that the ECI complements citizens' right to submit petitions to the European Parliament and their right of appeal to the European Ombudsman;
Amendment 10 #
2014/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission's Report on the ECI of 1st of April 2015 acknowledging that there is still room to improve the ECI and identifying a number of possible issues with a view to improving the instrument; Equally welcomes the European Ombudsman's own-initiative enquiry into the functioning of the European Citizens' Initiative (ECI) which after a public consultation with ECI organisers and other civil society representatives formulated eleven concrete proposals to the Commission;
Amendment 13 #
2014/2257(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Expresses differences with the Commission's conclusion on the fact that two Citizens' Initiatives have gone through the full process shows that the Regulation establishing the ECI has been fully implemented; Is of the opinion that if in the past three years, 51 requests to launch an initiative have been received, 31 of which were registered, 20 were rejected and only 3 have so far reached the threshold of one million signatures, 12 reached the end of their collection period without reaching the threshold, 10 were withdrawn by the organisers and 3 are still collecting statements of support shows that much needs to be done to make sure that the ECI lives up to its full potential;
Amendment 15 #
2014/2257(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that if in the past three years, only 3 initiatives have reached the threshold of one million signatures out of 51 requests to launch an initiative, shows that much still needs to be done to make sure that the ECI lives up to its full potential;
Amendment 15 #
2014/2257(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Welcomes the Commission's efforts aimed at improving the ECI process, but acknowledges that there are still a number of weaknesses in the current ECI setting; Urges the European Commission to truly commit itself to a comprehensive revision of the ECI which should aim at overcoming the existing barriers and bureaucratic hurdles, strengthening the role of the ECI and empowering all citizens with an effective tool of participatory democracy at European level;
Amendment 16 #
2014/2257(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that, in previous resolutions and annual reports prepared by the Committee on Petitions, Parliament had already pointed out some of the weaknesses of the existing legal framework and the bureaucratic burdens in the practical running of the ECI owing to a lack of IT support and disparate use in the national administrations; calls for simplified and harmonised personal data requirements and proceduris of the opinion, therefore, that urgent revision of the ECI Regulation and Commission Implementing Regulation 1179/2011 is needed to ensure a clear, simple, user- friendly and proportionate procedures is implemented which will also encourage higher political participation by European citizens, which cannot be fully achieved with the current set of rules;
Amendment 24 #
2014/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that a major simplification and revision of the ECI Regulation needs to focus on measures improving the accessibility to the ECI, both for organisers and for signatories, providing more dynamic and citizen-friendly process, and guaranteeing measures that have greater legal impact of the successful initiatives;
Amendment 27 #
2014/2257(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reports that to date only three initiatives managed to collect one million signatures in at least seven Member States, the first ever initiative was "Right2Water" and the most recent one is "Stop Vivisection ECI"; Regrets that the first two initiatives were not followed-up by a concrete legislative proposal and invites the Commission to adopt more concrete measures with the next successful initiatives;
Amendment 33 #
2014/2257(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern about the low percentage of successful initiatives and the dramatic decrease in the number of new initiatives; stresses that the European institutions and the Member States must take all necessary steps to promote the ECI and to foster citizens’ confidence in this tool; believes that if revised the instrument still has the potential to engage the public and to promote dialogue among citizens and between citizens and EU institutions; welcomes the fact that some ECIs have managed to have an impact at local level;
Amendment 42 #
2014/2257(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reports that the general public's awareness and knowledge of the ECI among citizens is very low; Regrets the lack of clear information on the ECI instrument at the early stages, which led to a general misconception about its nature and generated some frustration when the first ECIs were rejected by the Commission; recalls that the instrument should be simple, clear and user-friendly;
Amendment 44 #
2014/2257(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that in order to build knowledge and trust in the ECI, the European institutions and Member States need to use every available communication channel, especially all relevant European Institutions' social and digital media platforms that have a combined following of many millions of citizens to conduct an ongoing awareness raising campaign to proactively promote ECI with the involvement of EU offices and representations as well as national authorities which should spread the concept of the ECI, and furthermore provide information in different national languages about on-going ECI initiatives;
Amendment 46 #
2014/2257(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to submit a proposal for the revision of the Regulation on the Citizen's Initiative and Commission Implementing Regulation 1179/2011 as soon as possible, to make the Citizen's Initiative easier to use and more citizen- friendly and enable it to fully unfold its potential. ;
Amendment 47 #
2014/2257(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Appreciates the Commission's efforts in updating its Guide to the European Citizens Initiative, and also in providing information and advice via its Europe Direct Contact Centre; Is of the opinion that more technical, legal and political support is needed to organisers of ECI initiatives in terms of launching and running an initiative, and in particular when drafting their ECI proposal, identifying a legal basis for it, respecting the strict IT requirements or national data protection rules;
Amendment 48 #
2014/2257(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for enhanced inter-institutional cooperation when dealing with ECIs in providing information and support to ECI organisers; calls for the future establishment of a physical and online ‘one-stop shop’ including providing multilingual websites, training programmes, educational material and a single set of guidelines on the right and obligation of the ECI organisers and on the administrative procedures through the ECI process; calls for the future establishment of a 'Citizen's Initiative Centre', designed as a one-stop shop support centre for any kind of ECI-related enquiry providing support, information, legtechnical, legal and political advice, translation services and funding, which could use the resources of the point of contact based in the Europe Direct Contact Centre and the Commission’'s representations and Parliament’'s information offices in the Member States; considers that such a set- up would bring the ECI project closer to citizens;
Amendment 53 #
2014/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Invites the Commission to consider different options of providing administrative and financial support to the ECI projects through the existing budget lines of the Europe for Citizens Programme and the Rights, Equality and Citizens Programme;
Amendment 55 #
2014/2257(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the European Economic and Social Committee's (EESC) new linguistic service for providing ECI organisers with translation of the ECI submission text in all EU languages for all validated ECIs and calls on the European Commission to propose a long term solution to provide the existing translation services in the institutions to the organisers of ECI initiatives so that translations of ECI texts are provided into all official languages and thus remove one major difficulty for citizens when organising cross-border ECI campaign in all Member States;
Amendment 57 #
2014/2257(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Regrets that when it comes to a refusal to register an ECI, the European Commission is not always very clear in its reasoning, therefore there is a need to provide more robust, consistent and transparent reasons as to why the ECIs are not responded to with a legislative proposal and where possible suggest a redrafting of the ECI or partially accepting the parts that are within the Commission's remit;
Amendment 59 #
2014/2257(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. CAgrees that the admissibility test at the beginning of the ECI process puts a legal burden on organisers and therefore calls on the Commission to ensure transparency in the decision-making process and clarify the procedure for legal admissibility; invites the Commission to respond to successful ECIs with more concrete actiIs interested in the decision of the European Court of Justice which should clarify whether the Commission applies the admissibility check too rigidly; Suggests meanwhile to the Commission to take a more flexible approach to the registration process and assist organisers in identifying a legal basis and in framing their proposal; invites the Commission to respond to successful ECIs with more concrete actions such as the preparation of a legal act on successful initiatives within 12 months of their acceptance and in case the Commission does not submit a proposal it needs to provide citizens with justifiable reasons;
Amendment 66 #
2014/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Understands stakeholders' concerns with the collection of signatures and in particular when it comes to the different personal data requirements for signatories; Invites the European Commission and Member States to simplify and harmonise personal data requirements and procedures in order to facilitate the process for EU citizens wishing to sign an ECI and to further explore the possibility of creating a simplified voluntary online EU registry where citizens will be able to sign an ECI initiative;
Amendment 70 #
2014/2257(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission to respond to each successful ECI with a legislative proposal within 12 months after the submission of the ECI; in case the Commission fails to provide a legislative proposal within this period, the competent committee of the European Parliament will initiate a legislative-initiative report for which the selected rapporteur shall consult the ECI organisers in another hearing; calls on the European Parliament to modify its rules of procedure accordingly;
Amendment 72 #
2014/2257(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes Commission's efforts to launch and improve the online signature (OCS) collection system; Acknowledges, however, that further efforts are needed to completely redesign and customise the OCS; Calls on the Commission to improve the online collection system (OCS) software and make it accessible to persons with disabilities, allow for electronic signatures and for the collection of e-mail addresses and to link it to the new relevant social and digital media tools, and include the most up-to-date online campaigning features, following the example of other successful online campaigning platforms; calls on the Commission to support the creation of a public ECI application for mobile devicesand smart devices; Suggests as well that the Commission turns this temporarily provided server for the collection of online signatures into a permanent solution of a centralised, user- friendly and free of charge central public online collection platform;
Amendment 73 #
2014/2257(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to improve the online collection system (OCS) software and make it accessible to persons with disabilities, allow for electronic signatures and for the collection of e-mail addresses, and include the most up-to-date online campaigning features, following the example of other successful online campaigning platforms; calls on the Commission to provide the citizens' committees of admissible ECI's access to a permanent free server allowing for the storage the online signatures in compliance with EU data protection standards; encourages the Commission to support the creation of a public ECI application for mobile devices;
Amendment 75 #
2014/2257(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Invites the Commission to revise the ECI regulation to clarify when the period of collecting signatures will start and proposes that this should be when the OCS certification is completed;
Amendment 76 #
2014/2257(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Reiterates that every citizen has the right to participate in the democratic life of the Union by way of a European citizens' initiative and calls for actions at European and national levels to ensure that specific groups of people such as European citizens living abroad, disabled or older people are not denied their right to sign an initiative; urges the Commission and Member States to implement simpler and uniform online and offline signature collection rules to ensure that all EU citizens can support an ECI;
Amendment 77 #
2014/2257(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recalls PETI position that in order to encourage the civic participation of the younger generation in EU affairs on important topics such as jobs, education or the environment there is a need in the context of the ECI to uniformly lower the age limit to 16;
Amendment 80 #
2014/2257(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 83 #
2014/2257(INI)
Draft opinion
Point 10
Point 10
Amendment 85 #
2014/2257(INI)
Draft opinion
Point 10 a (new)
Point 10 a (new)
10a. Considers it crucial for a proper use of this participative democracy tool by citizens and in order to prevent its possible abuse by other sort of private interests, to increase the transparency and the quality of checks on the funding and sponsorship of ECIs;
Amendment 87 #
2014/2257(INI)
Draft opinion
Point 11
Point 11
11. Invites the Commission, in light of the up-coming judgment of the European Court of Justice to clarify whether the EU citizens have the same powers as the European Parliament to propose Treaty amendments and to consider in the future revision of the regulation the proposal for allowing ECIs that require treaty amendments according to Article 48 TFEU;
Amendment 90 #
2014/2257(INI)
Draft opinion
Point 12
Point 12
12. Recalls that hearings concerning successful ECIs are currently organised by the competent committee, according to the subject of the ECI, with the Committee on Petitions associated; proposes that the Committee on Petitions should take over the role of organising hearings, as a neutral forum with the greatest experience in dealing with citizens., after which the relevant Committee should issue an own initiative report followed by a discussion and vote on each successful ECI in full plenum; invites the European Parliament to further explore the possibilities of organising hearings for initiatives that haven't reached the one million signatures but have more than half of the required signatures;
Amendment 1 #
2014/2256(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reiterates the importance of a modern pro-competitive and citizens friendly copyright framework responding to the challenges of the digital environment; recognises the need of a holistic approach in the modernisation of the copyright rules to address the existent market fragmentations in particular for online rights management and to guarantee a safe, adequate and secure environment for consumers, creators and copyright users;
Amendment 14 #
2014/2256(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 38 #
2014/2256(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 54 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the importance of a modern pro-competitive and consumers friendly copyright framework responding to the challenges of the digital environment; recognises the need of a holistic approach in the modernisation of the copyright rules to address the existent market fragmentations in particular for online rights management and to guarantee a safe, adequate and secure environment for consumers, creators and copyright users;
Amendment 63 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that consumers often face various limitations and the notion of consumers' rights in the copyright framework is very often absent; calls on the Commission to assess the effectiveness of the current copyright law from a consumers' perspective and to develop a set of clear and comprehensive consumers' rights;
Amendment 84 #
2014/2256(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of e-books in a way that permits an effective control, making it similar to the lending of physical copies;
Amendment 89 #
2014/2256(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 120 #
2014/2256(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 25 #
2014/2254(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas this situation has undermined the provisions of Article 35 of the Charter; whereas the increased energy poverty experienced by relevant parts of the population in some Member States has had also a huge impact on the overall health condition of the population, and in particular children;
Amendment 32 #
2014/2254(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the right to vote and stand as a candidate in the municipal and European Parliament elections is recognised in Articles 39 and 40 of the Charter in the states of residence; whereas exercising the right of mobility should not hamper this right;
Amendment 33 #
2014/2254(INI)
Draft opinion
Recital D
Recital D
D. whereas Article 21 of the Charter recognises the right to non-discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;
Amendment 69 #
2014/2254(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to adopt all necessary measures to ensure that the fundamental rights of universal access to health care and education are restored to every EU citizen; stresses the opinion that affordable access to energy for every household is fundamental in order to ensure a healthy population, and that targeted measures must be implemented to correct the increasing trend of energy poverty in a number of Member States;
Amendment 96 #
2014/2254(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Requests the Commission to make a step forward in consolidating the right to good administration by turning the Code of Good Administrative Behaviour of the EU into a legally binding regulation;
Amendment 101 #
2014/2254(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the importance of the European Citizens' Initiative (ECI), as a new citizens' right introduced by the Lisbon Treaty, which aims at increasing participatory democracy in the EU; Notes the importance of the ECI as a powerful tool to provide European citizens with a direct democratic right to contribute to the decision making process of the EU, which adds to the European citizens' right to submit petitions to the European Parliament (EP) and their right of appeal to the European Ombudsman;
Amendment 104 #
2014/2254(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the European Commission to strengthen the role of the European Citizens' Initiatives (ECIs) by adopting a citizens-friendly approach to tackle all deficiencies of this instrument in the upcoming revision of Regulation 211/20118 whilst at the same time improving information campaigns to citizens on the use of the ECI and its powers to influence the EU-policy making process;
Amendment 106 #
2014/2254(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Welcomes the European e-Justice portal which is operated by the European Commission and provides professionals and the public with information on justice systems and is a practical tool to improve access to justice, with a separate section on fundamental rights which aims at informing citizens where to turn in cases of violations of their fundamental rights;
Amendment 1 #
2014/2253(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Implementation and transposition of EU laws remain uneven across Member States which, combined with linguistic problems, excessive bureaucracy and a knowledge deficit, have created a Union that is not citizen-friendly; Notes that citizens who wish to live, work or do business across Europe face the daily reality of ongoing difficulties due to uneven implementation of EU law in the legal systems of the different Member States;
Amendment 2 #
2014/2253(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Reiterates its view that Article 17 of the Treaty on European Union (TEU) defines the fundamental role of the Commission as guardian of the Treaties; Calls on the Commission to continue with its active monitoring of the application of EU law in order to ensure timely and correct implementation and proper transposition;
Amendment 3 #
2014/2253(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that in order to improve transposition, application and enforcement of EU law, the Commission should make compliance with EU law a real political priority by building a strong partnership and collaboration among all the stakeholders involved in shaping, implementing and enforcing such legislation and in particular with the European Parliament and the Member States;
Amendment 8 #
2014/2253(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the vital role of citizens, businesses, NGOs and other stakeholders, when it comes to monitoring the shortcomings in the transposition and/or application of EU law by Member State authorities; Acknowledges in this regard the important role of petitions to Parliament and complaints to the Commission, as well as questions from Members of Parliament, which are among the first signs that problems exist relating to bad implementation of EU law and help draw attention to misapplication and potential violations of EU law;
Amendment 9 #
2014/2253(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that citizens, businesses, NGOs and other organisations frequently file complaints with the Commission and that in 2013, the Commission received more new complaints (3505) than in any of the previous three years increasing the total number of open complaints by 19%; Calls on the Commission to improve its current practices to inform citizens in a timely and appropriate manner of any actions and steps taken in response to processing their complaints including giving prior notice to the complainant before closing a file;
Amendment 14 #
2014/2253(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that petitions submitted by EU citizens refer to violations of EU law, particularly in the fields of fundamental rights and the environment, home affairs, justice, health, transports, taxation, agriculture and rural development; considers that petitions give evidence of the fact that there are still frequent and widespread instances of incomplete transposition or misapplication of EU law, which requires increased efforts from the Member States and on-going monitoring from the Commission;
Amendment 23 #
2014/2253(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that reducing late transposition is a long-established priority of the Commission's policy and should remain one of its top priorities; Welcomes the lower number of directives to be transposed in 2013 (74) in comparison with the 2011 figure (131); highlights, nevertheless, the higher number ofat there were more directives to be transposed in 2013 comparison with the 2012 figure (56ed to 2012 (74 in contrast to 56 in 2012);
Amendment 26 #
2014/2253(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that, despite the low number, late transposition of Directives remains a persistent problem hindering delivery of tangible benefits for citizens; Notes that although timely transposition of Directives continues to be a challenge in many Member States, Denmark, Latvia and Malta maintained a very low number of late transposition infringement cases over the past three years;
Amendment 27 #
2014/2253(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the four policy areas where the latest transposition infringements were launched continue to be environment, health and consumer rights, internal market and services and transport; Is of the opinion that having identified the problematic areas, the Commission and Member States should set out the actions to be taken to ensure the full and prompt transposition of European Union law in each area;
Amendment 28 #
2014/2253(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that the Commission should follow in a closer manner the transposition of Directives prior to the transposition deadline and where a risk of late transposition exists provide clarification of the legal framework in these fields in order to help Member States improve implementation in ways which reap concrete benefits in the daily lives of citizens;
Amendment 29 #
2014/2253(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Notes that timely transposition of EU legislation is essential for the smooth functioning of the EU, but so is the proper implementation of EU law; Stresses that very often deficiency and different standards comes from the fact that member States transpose EU laws in a different way, therefore calls on the Commission to implement a better review mechanism to examine how EU rules apply in practice at all levels in the various Member States, and how citizens and businesses are empowered to exercise their rights;
Amendment 39 #
2014/2253(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates the Commission focus on effective problem solving, effective management and preventive measures, but suggests that the Commission should think of new ways, other than formal infringement procedures, to improve the transposition and enforcement of EU law;
Amendment 41 #
2014/2253(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the EU Pilot procedure is fully operational in all Member States andgradual phasing-in of Member States to the EU Pilot finished in June 2012 with the joining of Malta and Luxembourg, and since then the EU Pilot procedure is fully operational in all Member States; stresses that the number of new EU Pilot files has increased gradually during the past three years and the EU Pilot has produced impressive results so far, in particular with regard to the gathering of information and the improvement of the specific situation causing concern to citizens, as indicated by the reduced number of infringement procedures;
Amendment 47 #
2014/2253(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes Member States' efforts to settle the infringement cases without court proceedings within the EU pilot, which have led to a decrease in formal infringement procedures, but hopes that the Commission will clarify its legal status and will provide more information to the benefit of citizens and business alike;
Amendment 48 #
2014/2253(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reiterates that more transparency, legal clarity and access to information on the whole pre-infringement and infringement procedure in the context of the EU Pilot and the annual report on the monitoring of the application of EU law is needed in particular when it comes to complainants;
Amendment 49 #
2014/2253(INI)
Draft opinion
Paragraph 8 – point a
Paragraph 8 – point a
(a) improved communication between the two parties, in particular with regard to the initiation and progress of infringement procedures by the Commission, including the EU Pilot procedure, so as to make sure that the European Parliament is fully informed with a view to constantly improving its legislative work,
Amendment 51 #
2014/2253(INI)
Draft opinion
Paragraph 8 – point b
Paragraph 8 – point b
(b) efforts to be made to give information and access to relevant information relating to the pre-infringement and infringement procedure to the Committee on Petitions within a reasonable timeframe, allowing the committee to respond to citizens’' requests more effectively,
Amendment 55 #
2014/2253(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the increasing use by the Commission of implementation plans for new pieces of EU legislation addressed to the Member States, which reduce the risks to timely and correct implementation, pre- empt transposition and application problems and, in turn, have an impact on the number of relevant petitions submitted.
Amendment 57 #
2014/2253(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that in relation to the Commission initiative on EU regulatory fitness known as REFIT, the Commission needs to facilitate dialogue on regulatory fitness with citizens, Member States, business and civil society at large so as to ensure that quality legislation and social aspects of EU legislation are preserved and that one ideal does not progress at the expense of the other;
Amendment 13 #
2014/2250(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that gender equality in education must include a range of issues, such as literacy including media-literacy, bullying including cyber-bullying, homophobic violence, hate speech, human rights and civic education;
Amendment 23 #
2014/2250(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. EmphasisAcknowledges that teachers play a major role in the formation of educational identities and have a significant impact on aspects of gendered behaviour in school; recalls that much has still to be done to empower teachers on how towith regard to how they can best promote gender equality; insists, therefore, on the need to ensure comprehensive initial and ongoing equality training tofor teachers at all levels of formal and informal education, including peer- learning and cooperation with external organisations and agencies; stresses that girls need to have positive female role models in schools and universities;
Amendment 33 #
2014/2250(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States and the Commission to remove barriers to access to formal and informal education, as well as to lifelong learning, by improving awareness and guidance, providing financial support as well as support such as childcare and care for the elderly to enable women and men to participate in lifelong learning, adopting an intergenerational approach and fostering the role played by European Institutions;
Amendment 34 #
2014/2250(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the European Institute for Gender Equality (EIGE) and Member States to collect comparable gender disaggregated data (both quantitative and qualitative) in the field of education in all Member States;
Amendment 36 #
2014/2250(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls that educational strategies aiming at ensuring gender equality must actively include boys and men.
Amendment 18 #
2014/2245(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that labour market needs are changing rapidly and young people face increasing difficulties in their transition from education to work and therefore are usually more vulnerable to unemployment; reiterates the importance of investing in human capital and people and in particular in Europe's youth in order to enhance their employability and pathway of professional qualifications; calls for the development of a job's radar to identify the jobs and skills needed and accordingly remodel the education and training systems of Member States so that people will be provided with the right skills for the right job;
Amendment 1 #
2014/2241(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission Communication entitled ‘A European Strategy for more Growth and Jobs in Coastal and Maritime Tourism’ (COM(2014)0086),
Amendment 1 #
2014/2241(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that tourism is one of the world's largest industries and Europe is one of the world's major cultural tourism destinations; underlines that tourism is rapidly changing and the tourism industry is constantly subject to evolution, therefore Europe and the Member States need to continuously protect and promote what is truly indigenous by revealing special features and characteristics of natural, cultural and historical heritage;
Amendment 10 #
2014/2241(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws the attention to the crucial role played by digital revolution in the tourism industry; calls on the Commission to ensure that all tourism sectors and businesses, and in particular SMEs, make the best use of new technologies offered by the internet, in order to expand their electronic commerce in the internal market and move towards higher value digitalised products and processes, whilst at the same time ensuring that citizens and consumers have fair and affordable access to high quality and safe services;
Amendment 17 #
2014/2241(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. The Union is a maritime continent, and Coastal and Maritime Tourism is the largest maritime activity in Europe. This represents more than a third of the maritime economy, directly affecting many other sectors of the EU economy and employing 3.2 million people, most between the ages of 16 and 35. It should also be noted that this sector has been a lever for growth and job creation, particularly in the Atlantic and Mediterranean regions;
Amendment 19 #
2014/2241(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the promotion of more Visa Tourism platforms with a cautious approach towards the simplification of the Visa Code is an important component to increase tourists from outside Europe; highlights the potential of touring visas for groups or tourists who had already been in the country and the importance of implementing more visa waiver agreements in order to make optimum use of international tourist arrivals;
Amendment 24 #
2014/2241(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the crucial role played by cultural education in generating demand for high-quality, sustainable and inclusive cultural tourism; calls for better use to be made of the opportunities digitisation and innovation afford for more effective promotion of European cultural tourism; is of the opinion that the development a fully functioning digital single market together with more proactive use of social media has the potential of modernizing and developing the tourism industry in order to promote and communicate Europe's cultural and natural heritage around the world;
Amendment 29 #
2014/2241(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned with the existing skill mismatches on the labour market in the tourism industry, and with the lack of interest among young people to pursue careers in certain tourism sectors; stresses the importance of investing in education and training, with specific attention to higher qualifications and soft skills development, in order to improve the quality of tourism jobs and job prospects across the sector, and to motivate human resources to consider a career in the tourism industry, through consistent training and other incentives;
Amendment 35 #
2014/2241(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Reiterates the need for a well-trained, informed, motivated and committed labour force; stresses that more awareness of history and culture by people working in the industry is essential to further promote historical and cultural heritage of tourism destinations;
Amendment 36 #
2014/2241(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that Europe must keep its position as the world's number one tourist destination; welcomes the organisation of events and communication campaigns that promote Europe as a tourism destination in particular with third countries' markets and calls on all stakeholders involved to jointly promote Europe not only as a tourist destination, but as well as a destination of excellence with a diversity of national destinations, cultures and tourism services without distorting competition between them;
Amendment 40 #
2014/2241(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to explore the possibility of creating a European Tourism Calendar to coordinate information about European tourism destinations from all member States in all official languages in order to improve consumer's information services and help them find guidance and directions about events, places, and festivals among others;
Amendment 41 #
2014/2241(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that access needs to be made more universal by taking into account, in particular, the needs of people with disabilities, families with children and older persons and adapting the facilities and services on offer accordingly; suggests to the European Commission and the Member States to examine different possibilities of launching projects and funds to enable the younger population, people with special needs, low-income families and other vulnerable citizens to visit the countries' cultural destinations;
Amendment 56 #
2014/2241(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that Europe's cultural heritage makes it one of the most popular tourist destinations in the world and that cultural tourism, which is of key importance in boosting growth and employment, accounts for 40 % of European tourism; emphasises that, in order to maintain current tourist volumes and attract new tourists, Europe's cultural and natural heritage needs to be conserved and showcased and the right balance needs to be struck between expanding the tourism sector and protecting cultural heritage so that tourism is developed in a sustainable way to preserve natural and environmental values for the benefit of visitors and host population;
Amendment 65 #
2014/2241(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is of the opinion that Europe needs to constantly adapt to the new trends in the tourism industry in order to retain its international competitiveness; Stresses that cultural events are becoming more and more important to tourists and to tourism destinations and therefore there is a need to organise and promote local and international cultural events; Suggests to the European Commission and to Member States to examine the possibility of creating European calendar of events to improve tourism information services, so that travellers can easily find information about exhibitions, festivals, sporting events and other cultural events;
Amendment 71 #
2014/2241(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses the importance of promoting the "European Capital of Culture" initiative in order to further develop the image of Europe as a high-quality cultural tourism destination, and to attract tourists from European as well as more distant markets;
Amendment 93 #
2014/2241(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that consumers, who are increasingly using electronic means to plan and purchase their travel arrangements, are to be provided with objective information concerning their rights and with efficient, expedient and affordable means of redress to protect their rights;
Amendment 187 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises the importance of this strategy for Coastal and Island Areas, in line with the strategy on Blue Growth and the EU2020, which presents a set of common responses to the many challenges they face;
Amendment 188 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Strongly encourages the Commission to present an Action Plan to accompany the 14 actions described, with concrete goals and timetables and to report to Parliament on the progress of the actions;
Amendment 189 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on the European Commission to conduct an Annual Seminar with the participation of the Coastal and Marine Member States and the respective Regions to promote a pan-European dialogue, to facilitate the sharing of best practices and the implementation of a long-term strategy;
Amendment 190 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Recalls the importance of connectivity and accessibility, which differ in high and low season in the outermost regions and islands, which depend largely on sea and air transport. Also emphasizes the importance of creating regional plans that promote mobility within destinations. Asks the Commission that Action 12 also take into account the efficiency of state aid in coastal and maritime regions;
Amendment 191 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Strongly encourages the Commission, together with Member States and stakeholders in the nautical and maritime tourism sector, to assess the need to create intelligent and innovative strategies as a solution to combat seasonality, adapted both to the periods of high and low season, taking into account various audiences. Calls on stakeholders to make efforts in creating experiences, products and complementary services integrated with local products, particularly connected with maritime heritage and culture, water sports, recreational sailing, observation of marine life and nature, sun and beach- related activities, links with artisanal fishing, food and health;
Amendment 192 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Highlights the importance of Cruise Tourism for the growth of the Tourism sector in Europe. Therefore calls on the Commission together with the Member States to assess the forms and existing port and nautical infrastructure, as well as to standardise the sorting of waste and recycling, in order to create innovative planning actions for these areas by developing the concept of the Smart Port City;
Amendment 193 #
2014/2241(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Unlock the potential of Coastal and Marine Tourism;
Amendment 23 #
2014/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there is a great deal of ignorance about the seas and oceans, their resources and biodiversity, and the ways in which these interact with human activities – whether taking place or still to be developed – and whereas inadequate knowledge on those points severely inhibits sustainable use of the resources concerned and poses an obstacle to innovation;
Amendment 84 #
2014/2240(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for clear-cut objectives and time- frames to be laid down with a view to making data – whether relating to the sea- floor or to the water column and living resources – more accessible and, more fully interoperable and harmonised for information about seas and oceans to be supplied to the public;
Amendment 136 #
2014/2240(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for an appropriate financial framework to be established in order to stimulate the development of the blue economy and job creation, combining and, coordinating and facilitating the access to the financial instruments available – structural and investment funding (EMFF, ERDF, ESF, Cohesion Fund), the research framework programme, and so forth; points out that the instruments should be better geared to the needs of individual stakeholders – public institutions, businesses, especially SMEs, non- governmental organisations, etc. – and the opportunities being offered widely publicised;
Amendment 163 #
2014/2240(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that environmentally healthy coastal and maritime areas are key for sustainable human activities; calls therefore for the full implementation of the Marine Strategy Framework directive;
Amendment 221 #
2014/2240(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the importance of promoting socially, economically and environmentally sustainable forms of tourism that can constitute a significant source of added value for maritime areas;
Amendment 1 #
2014/2228(INI)
Draft opinion
Citation (new)
Citation (new)
– having regard to its earlier resolutions of 23 October 2012 on trade and economic relations with the United States1, 23 May 2013 on trade and investment negotiations with the United States of America2, 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs3,
Amendment 2 #
2014/2228(INI)
Draft opinion
Citation (new)
Citation (new)
Amendment 3 #
2014/2228(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission is currently negotiating on behalf of the European Union a deep, comprehensive and high standards trade and investment partnership agreement with the United States (Transatlantic Trade and Investment Partnership – TTIP) that aims to foster and facilitate commercial exchange of goods and services and enhance investment through inter alia the removal of trade barriers; whereas a significant number of European citizens have voiced legitimate concerns that this agreement would threaten fundamental EU regulations, in particular in the fields of labour rights, environmental protection and food and safety standards
Amendment 6 #
2014/2228(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. reaffirming that existing and future provisions and policies in support of the cultural sector in particular in the digital world are out of the scope of the TTIP negotiations;
Amendment 11 #
2014/2228(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that the main outcome of the negotiations should lead to a deep, comprehensive, ambitious, high-standard, free-trade and investment agreement, that respects and promotes European values, stimulates sustainable growth and the creation of high-quality jobs and contributes to the well-being of all European citizens, by placing their interest at the heart of the TTIP trade deal;
Amendment 12 #
2014/2228(INI)
Draft opinion
Recital B
Recital B
B. whereas in order to contribute to the well-being of all European citizens the objectives of the TTIP is to increase trade and investment between the European Union and the United States;should be to regulate globalisation and support sustainable trade and investment flows in a balanced way across Europe, sustainable economic growth, decent jobs creation and promotion of the European Social Model
Amendment 16 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Demands that the main outcome of the negotiations be an ambitious and comprehensive agreement, bringing a significant market opening for EU companies, including SMEslead to a deep, comprehensive, ambitious high-standard trade and investment agreement, bringing a significant market opening and new opportunities for EU companies, in particular SMEs and directly benefitting European consumers by placing consumers' interest at the heart of this trade deal;
Amendment 24 #
2014/2228(INI)
Draft opinion
Recital D
Recital D
D. whereas the Committee on Petitions has received a number of petitions raising concerns about the EU-US trade agreement (TTIP); whereas the petitioners’ main concerns are related to risks regarding the quality of food imports, the transfer of data from the EU to the US, in particular information allegedly collected by the US regarding natural and legal persons (the right of EU citizens to ‘digital self-determination’), transparency, economic impact, and protection of investorhe lack of transparency of the negotiations, the potential negative economic impact of TTIP, in particular in terms of employment and wages, and the transfer of public authorities’ right to regulate to corporations via the Investor- State Dispute Settlement mechanism (ISDS);
Amendment 29 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) continue the current efforts to increase transparency, promote an even closer engagement with the European Parliament, as well as full involvement of civil society and social partners given the potential impact TTIP will have on the lives of the European citizens;
Amendment 32 #
2014/2228(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas the European Ombudsman’s investigation of July 2014 regarding the transparency of the TTIP scrutinised the withholding of key documents and alleged granting of privileged access to certain stakeholders; whereas the European Ombudsman received more than 6000 emails in reply to its TTIP public consultation;
Amendment 41 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels ofsafeguard the European high standards of labour rights, consumer protection and healthcare; observes that in most sectors EU and US standards and regulatory environments ensure this high level; considers, therefore, that approximating our regulations represents a unique chance to establish even high-er quality standards and laws for consumers which will be the de facto international standards;
Amendment 47 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of developing the trade relationship and bilateralbalanced trade and investment relations between the European Union and the United States of America in order to help growth and employment and generate new economic opportunitieswith adequate safeguards to provide the highest labour, social, health and environmental standards on a global level in order to generate new economic opportunities and regulate globalisation, so that social and environmental dumping is excluded;
Amendment 50 #
2014/2228(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates the importance of the European Parliament's role having the last word in ratification of trade agreement; Notes that the European Parliament will only give its consent to a fair transatlantic and investment agreement that respects and promotes European values, stimulates sustainable growth, support the creation of high-quality jobs and contributes to the well-being of all European citizens;
Amendment 56 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) guarantee the protection of Services of General Interest;
Amendment 76 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the decision of the European Ombudsman concerning its inquiry in relation to the European Commission’s efforts to make TTIP negotiations transparent and accessible to the public; calls on the Commission to rapidly implement the Ombudsman’s recommendations related to public access to consolidated negotiating texts, greater proactive disclosure of TTIP documents and increased transparency as regards meetings that Commission officials hold on TTIP with business organisations, lobby groups or NGOs.
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Suggests that further steps are needed in order to continue the Commission’s efforts to increase transparency and to promote more comprehensive participation and involvement of the various stakeholders in the negotiating process and in particular of civil society and consumers organisations, given the potential impact TTIP will have on the lives of European citizens;
Amendment 83 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. SuggestBelieves that a more proactive approach to transparency on the part of the Commission couldis absolutely crucial in order to make the negotiating process more legitimate in the eyes of citiz, and urges the Commission to publish all negotiating documents, and encourages the Commission to publish documentsincluding US offers to the EU, in the fashion of standards practices for all international trade negotiations conducted within the frame of the World Trade Organisation, and make meeting information available;,
Amendment 85 #
2014/2228(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Deeply regrets that the access given to Members of the European Parliament to TTIP negotiating texts is extremely limited, as only a very partial selection of documents is made available to them, in a fashion that is not conducive to proper parliamentary scrutiny of the negotiations; highlights that documents available in the EP secured reading room do not contain any consolidated material or any text tabled by the US;
Amendment 92 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the petition filed by over one and a half million Europeans was not qualified by the European Commission as a ‘European Citizens’ Initiative’, due to limitations contained in the ECI legislative framework; regrets that in effect these limitations entail that any ECI on trade issues could only be admissible after the entry into force of a trade agreement, and that ECIs aimed at influencing ongoing trade negotiations are not permitted in the current framework;
Amendment 105 #
2014/2228(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights the high levels of public scrutiny given to the agreement via petitions, which raised strong concerns about the transparency of the negotiations and the adverse negative effects on workers’ rights and public services including health care, social services, education, water and sanitation
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that consumer protection and compliance with higher European quality standards for foods and products should be at the centre of the negotiations on the TTIP., the highest standards of environmental protection and strictest control of industrial emissions in the EU and the US and the proper safeguards to protect citizens’ data, should be at the centre of the negotiations on the TTIP; negotiators should not consider any commitments on data protection within the framework of TTIP pending the conclusion of on-going legislative work in this field in the EU and US
Amendment 120 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure that the priorities and concerns of SMEs are fully taken into account in the TTIP negotiations e.g. by means of impact assessments or targeted public consultationNotes that TTIP should aim at opening the markets and providing new opportunities for EU companies especially for small and medium sized business; Calls on the Commission to ensure that the priorities and concerns of SMEs are fully taken into account in the TTIP negotiations e.g. by including a specific SME chapter to facilitate participation in transatlantic trade and reduce costs for SMEs by eliminating double certification requirements, creating a fast track custom procedures and establishing a one-stop shop information system for SMEs;
Amendment 201 #
2014/2228(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Expects the agreementat TTIP includes a specific chapter on SME's, which aims to make it easier for SMEs to participate in transatlantic trade and reduce costs by modernising, digitising, simplifying and streamlining procedures, eliminate double certification requirements and by raising the de minimis threshold for customs duties and non-randomised controls;
Amendment 221 #
2014/2228(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Transparency, civil society involvement and public outreach Notes the decision of the Council of the European Union to publish the EU negotiating directives for the ongoing TTIP negotiations; equally notes the decision of the Commission to publish more EU negotiating texts and to allow broader access to other documents in the context of the TTIP negotiations; nevertheless considers that further steps are needed to continue the current efforts to further increase transparency, promote closer engagement with the Member States and various stakeholders and in particular with civil society given the potential impact the agreement will have on the lives of the European citizens;
Amendment 15 #
2014/2204(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. Whereas the escalation of the Ebola epidemic has caused not only a medical crisis claiming thousands of lives but also social and economic pressures and political instability in the affected countries and wider regions.
Amendment 16 #
2014/2204(INI)
Draft opinion
Recital C
Recital C
C. whereas this epidemic is unpredictable and constantly evolving and therefore continues international support is needed in relation to all aspects of the epidemic response from community education and mobilisation, training of health personnel and medical supportive care to coordinated epidemiological control, tracing and surveillance;
Amendment 71 #
2014/2204(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the progress and contributions made at international and European level but stresses that there is still considerable amount of work that needs to be done to help countries contain and eradicate the Ebola epidemic; Reiterates the importance of a European strategy to coordinate the Ebola response at Union level and to enhance the state of preparedness and protection within the Union itself;
Amendment 92 #
2014/2204(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the response of the Member States and the Commission has been slow and insufficient, and that financial support was shy and did not respond to the severity of the alerts that NGOs such as Médecins Sans Frontières and others have launched since the beginning of the epidemic; considers that the scaling-up of the Commission’s financial commitment should be stronger in terms of humanitarian and development aid to respond to the crisis; considers it necessary to increase the availability and the volume of financial resources as well as of medical teams, qualified health workers, laboratories, epidemiologists and protective equipment among others;
Amendment 154 #
2014/2204(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Encourages taking immediate actions to create a financial environment for research for the prevention of further outbreaks, coordinate and strengthen medical research and the production of efficient medicines and vaccines against Ebola and to carry out scrupulous infection control;
Amendment 2 #
2014/2159(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 24 of the TFEU lays down the principle that every citizens of the Union may apply to the Ombudsman established in accordance with article 228;
Amendment 3 #
2014/2159(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas article 228 TFEU empowers the European Ombudsman to receive complaints concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union in its judicial role;
Amendment 7 #
2014/2159(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the main priority of the European Ombudsman is to ensure that citizens' rights are fully respected and the right to good administration reflects the highest standards as is expected by the EU institutions, bodies, offices or agencies of the Union; whereas the European Ombudsman has a vital role in helping the EU institutions to become more open, effective and citizen-friendly with the aim of strengthening citizens' confidence in the EU;
Amendment 8 #
2014/2159(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 23 245 citizens called on the Ombudsman’s services for help in 2013; whereas with respect to the above, 19 418 citizens received advice through the interactive guide on the Ombudsman’s website while 1 407 requests were for information; whereas 2 420 requests were registered as complaints (2 442 in 2012); whereas in 2013 the Ombudsman processed 2 354 complaints2 354 actions were taken by the Ombudsman on complaints received in 2013;
Amendment 9 #
2014/2159(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas it is important that the Ombudsman provides more detailed information on the complaints format, so that comparisons can be made throughout the years between complaints received in electronic format via the European Ombudsman´s interactive website and complaints received offline;
Amendment 12 #
2014/2159(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the annual report for 2013 does not contain exact figures on the percentage of complaints which fell either within or outside the Ombudsman’s mandate; whereas it would be vital to include concrete numbers in all annual reports, so that comparisons between years can be made and trends and tendencies regarding the (in)admissibility of complaints can be easily discerned; whereas according to the report, of a typical 100 complaints received 68 fall outside the Ombudsman’s mandate and are either transferred to national or regional ombudsmen, forwarded to Parliament’s Committee on Petitions, or referred to other complaint-handling bodies such as the European Commission, SOLVIT, Your Europa Advice or the European Consumer Centres; whereas a follow-up procedure and information on complaints transferred to other institutions or bodies are needed to ensure that citizens' affairs are handled impartially, fairly and within a reasonable timeframe;
Amendment 13 #
2014/2159(INI)
Motion for a resolution
Recital O
Recital O
O. whereas of a typical 100 complaints received only 32 fall within the Ombudsman’'s mandate; whereas 17 of these do not lead to an inquiry (9 are deemed inadmissible and 8 are admissible but contain insufficient grounds for opening an inquiry); whereas of a typical 100 complaints received 15 complaints give rise to an inquiry; whereas 4 of these are settled during the inquiry, 4 lead to findings of no maladministration, 1 leads to a finding of maladministration and 6 are considered to contain no grounds for further inquiries;
Amendment 16 #
2014/2159(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas a Special Report is the last resort of the European Ombudsman to deal with cases of maladministration by institutions, bodies, offices or agencies of the Union; whereas the European Ombudsman should further explore her political powers and develop new instruments and mechanisms at her disposal;
Amendment 17 #
2014/2159(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas compliance with the Ombudsman’s proposals in 2012 was 80 %; whereas the Commission, which accounts for the highest proportion of the Ombudsman’s inquiries, had a compliance rate of 84 %; whereas the Ombudsman every year publishes a comprehensive account of how the EU institutions have responded to the Ombudsman’s proposals for improving EU administration; whereas the 20 % non-compliance rate of the Ombudsman´s proposals is a serious threat that could lead to further erosion of citizens' confidence in the effectiveness of the European Institutions;
Amendment 22 #
2014/2159(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the Ombudsman’s budget in 2013 was EUR 9 731 371 and whereas the Ombudsman’s establishment plan contains 67 posts; whereas maintaining sufficient budget and human resources is essential to ensure the efficiency of the European Ombudsman´s services and rapid responses to citizens' complaints;
Amendment 24 #
2014/2159(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Approves the annual report for 2013 presented by the European Ombudsman and congratulates Emily O’Reilly on her first annual report as Ombudsman and welcomes her approach to keep up the positive working relations and cooperation with the Parliament , in particular with its Committee on Petitions; acknowledges that 2013 was a transition year and that the annual report for a large part covers the work of Professor Nikiforos Diamandouros, the outgoing European Ombudsman, and pays tribute to his legacy;
Amendment 27 #
2014/2159(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Gives its full support to the new Ombudsman’s stated ultimate goal, which is to help strengthen the structures and institutions of accountability and transparency at the European level, and to improve the quality of democracy in the European Union; reiterates the crucial role of the European Ombudsman in addressing citizens' concerns and helping bridge the wide gap between them and the EU institutions;
Amendment 29 #
2014/2159(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the digitalisation of the Ombudsman's services may lead to the exclusion of certain citizens who do not have access or cannot use the internet; calls on the European Ombudsman to pay special attention to the needs of citizens who cannot take full advantage of the benefits of the Ombudsman's online services, so that every citizen is ensured equal access and thus can make full use of the European Ombudsman's services;
Amendment 31 #
2014/2159(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends this new approach on the Ombudsman’s part, which was adopted to reflect her desire to make the Ombudsman institution as accessible and user-friendly as possible; encourages interested parties to read the in-depth investigations part entitled: Good administration in practice: the European Ombudsman’s decisions in 2013, and to take to heart the Ombudsman’s considerations and recommendations; deplores the fact that this publication is available in English only, and suggests that it be made available in all official languages of the European Union;suggests that it should be made available in all official languages of the European Union and the issue of translation expenses should not override the benefits of the citizens having access to this document
Amendment 37 #
2014/2159(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that transparency, openness, access to information, respect for the rights of citizens and high ethical standards are essential for building and maintaining trust between citizens and thecitizens trusts in the European Civil service and services of the EU institutions ; agrees with the Ombudsman that transparency makes it possible to scrutinise the activities of public authorities, evaluate their performance and call them to account; agrees equally that openness and public access to documents form an essential part of the system of institutional checks and balances; acknowledges the right of citizens to privacy and to protection of their personal data;
Amendment 40 #
2014/2159(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. UNotes that recommendations and critical remarks are not legally binding, nevertheless the EU institutions can use them as an opportunity to fix a problem, learn a lesson for the future and avoid reoccurrence of similar cases of maladministration; urges all institutions, bodies, offices and agencies of the Union to cooperate fully with the Ombudsman and ensure full compliance with her recommendations and make full use of the critical remarks; recalls that the Charter of Fundamental Rights (Article 41) includes the right to good administration as a fundamental right of citizens of the European Union;
Amendment 45 #
2014/2159(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that a large majority of inquiries conducted by the Ombudsman over the past year (64.3 %) concerned the European Commission; considers that since the Commission is the institution whose decisions are most likely to directly affect citizens, civil society organisations and businesses, it is logical that it should be the main object of complaints; notes, however, that the share of complaints concerning the Commission has risen compared to 2012 when it was 52.7%; calls on the new Commission to quickly take steps and improve the current situation by reducing the number of complaints against the Commission
Amendment 46 #
2014/2159(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the percentage of complaints concerning EU agencies has almost doubled, from 12.5% in 2012 to 24% in 2013; suggests that the Ombudsman indicate whether this increase was the result of a greater general awareness of the public about complaints procedures or caused by other factors, such as perpetual non-compliance of EU agencies with the Ombudsman's recommendations from previous years; encourages the Ombudsman to monitor developments in the agencies and report back in good time; supports the Ombudsman’s plans to reach out to the various agencies with a view to emphasising the importance of good administration, good complaint handling, and a culture of service;
Amendment 48 #
2014/2159(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the Ombudsman in her efforts to further reduce the response time frame for processing complaints, nevertheless 27% of inquiries were closed after more than 18 months; Encourages all EU institutions, bodies and agencies to improve their performance by deepening their commitment to good administration and to the principles of a culture of service to citizens, calls on them to assist the Ombudsman by speedily responding to her inquiries and working together with her to reduce the deadlines in the inquiry processmake further improvements to speed up the process and reduce the existing response time-frame and internal deadlines allowing citizens to exercise their rights in a timely and proper manner;
Amendment 52 #
2014/2159(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that overall compliance with the Ombudsman’s recommendations stood at 80 % in 2012, slightly down from 82 % in 2011; supports the Ombudsman in her ambition to improve the compliance rate; urges the Commission, in particular, to make all efforts to improve its compliance rateis deeply concerned with the 20% non-compliance rate and calls on the Ombudsman to provide information on the motives and arguments of the institutions in those cases; supports the Ombudsman in her ambition to improve the compliance rate; urges the Commission, in particular, to make all efforts to improve its compliance rate; asks the Ombudsman to promptly inform the European Parliament on non-compliance cases and negative tendencies by individual EU institutions, bodies, offices or agencies of the Union;
Amendment 53 #
2014/2159(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Ombudsman found maladministration in 10.8 % of the inquiries closed in 2013 and that in 80 % of these cases she addressed critical remarks to the institution concerned; notes that in only 18 % of maladministration cases the Ombudsman’'s draft recommendations were fully or partly accepted by the institution; urges the institutions, bodies, offices or agencies of the Union to respond and react within a reasonable timeframe to the critical remarks of the European Ombudsman and to make all the necessary efforts to improve their follow- up rate through the prompt implementation of the Ombudsman's recommendations and critical remarks;
Amendment 62 #
2014/2159(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges the Ombudsman to continue her efforts to improve communication channels and build upon the work done in the framework of the European Year of Citizens 2013 and to improve information towards the European citizens so that they are properly informed on the Ombudsman's services and sphere of responsibility;
Amendment 63 #
2014/2159(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Reiterates the importance of the European Citizens' Initiative as a new tool for enabling citizens' direct involvement in the decision-making process in preparing European legislation; regrets the fact that two-thirds of Europeans still feel that their voice does not count in the EU[1] and supports the creation of a ''Citizens' Initiative Centre" to provide a one-stop-shop for support and information on the existing mechanism; [1] European Commission, Eurobarometer 373: Europeans' engagement in Participatory Democracy, March 2013.
Amendment 66 #
2014/2159(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the decision of the Council of the European Union to publish the EU negotiating directives of the on-going TTIP negotiations; urges the European Ombudsman to call for a proactive transparent policy approach and information campaign to be adopted by the European institutions given the potential impact which the TTIP and other trade negotiations will have on the lives of the European citizens;
Amendment 65 #
2014/2158(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates that competitive Single Market is needed to boost growth and create quality jobs in Europe; stresses that competition policy is a key area in which Europe can further deliver for its citizens by making the single market more efficient;
Amendment 67 #
2014/2158(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Highlights that competition policy plays a key role in reinforcing the holistic approach to the Single Market to address Europe’s economic, social and environmental challenges; Calls on the Commission to effectively respect citizens’, consumers’ and SMEs’ needs by placing their concerns at the centre of the decision-making process so that competition policies proposed can provide added value for European citizens;
Amendment 11 #
2014/2153(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Energy markets are increasingly interlinked across the Union and energy volatility and insularity in one Member State could lead to increase supply insecurity, price variations and energy poverty and could have negative impact on the economic competitiveness, and have social and environmental disadvantages for the Member State and for the rest of the EU due to the absence of a complete and functional energy market throughout the EU;
Amendment 19 #
2014/2153(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Energy markets are increasingly interlinked across the Union and energy volatility and insularity in one Member State could lead to increase supply insecurity, price variations and energy poverty, have negative impact on the economic competitiveness, and have social and environmental disadvantages for the Member State and for the rest of the EU due to the absence of a complete and functional energy market throughout the EU;
Amendment 37 #
2014/2153(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the opinion that energy security and energy poverty can no longer be viewed as a purely national or local problem for individual Member States and therefore calls for a better communication, consultation and cooperation between the Member States and all stakeholders involved to adopt interstate and interoperable joint solutions and proposals leading to strong Energy union security strategy for the completion of a fully functioning, interconnected and integrated internal energy market;
Amendment 48 #
2014/2153(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the opinion that energy security and energy poverty can no longer be viewed as a purely national or local problem for individual Member States and therefore calls for a better communication, consultation and cooperation between the Member States and all stakeholders involved to adopt interstate and interoperable joint solutions and proposals leading to strong Energy union security strategy for the completion of a fully functioning, interconnected and integrated internal energy market;
Amendment 49 #
2014/2153(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that remote areas and islands are very often being isolated from the European gas and electricity networks; Calls on the Commission to enhance cross-border solidarity and cooperation and to improve infrastructure investment in order to eliminate energy insularity, improve security of supply and prevent energy supply shortages; reiterates the importance of establishing better interconnections between energy islands and the internal energy market, improve energy interconnections around priority corridors between EU countries and in particular, between the South-West Mediterranean connection;
Amendment 51 #
2014/2153(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is of the opinion that alternative routes, energy suppliers and diversity of energy resources including innovative methods from non-EU countries need to be identified in order to ensure a competitive, stable supply of energy especially for those Member States that are dependent on a single energy source and/or supplier, are detached from the main production and energy transmission corridors or have specific geographic and climatic conditions;
Amendment 63 #
2014/2153(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that remote areas and islands are very often being isolated from the European gas and electricity networks; Calls on the Commission to enhance cross-border solidarity and cooperation and to improve infrastructure investment in order to eliminate energy insularity, improve security of supply and prevent energy supply shortages; Reiterates the importance of establishing better interconnections between energy islands and the internal energy market, improve energy interconnections around priority corridors between EU countries and in particular, between the South-West Mediterranean connection;
Amendment 64 #
2014/2153(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is of the opinion that alternative routes, energy suppliers and diversity of energy resources including innovative methods from non-EU countries need to be identified in order to ensure a competitive, stable supply of energy especially for those Member States that are dependent on a single energy source and/or supplier, are detached from the main production and energy transmission corridors or have specific geographic and climatic conditions;
Amendment 20 #
2014/2151(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the lack of harmonisation of Intellectual property rights (IPR) across the European Union is harmful to the competitiveness of the European economy, which is the basis for progress, growth and job creation; stresses that IPR's violations and infringements in the cultural and creative industries not only hamper innovation and creativity but also prevent investment and lead to loss of jobs, and above all result in lower quality products that may even be detrimental to citizens health;
Amendment 28 #
2014/2151(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that a modern pro- competitive and consumer friendly copyright framework is needed, one that also supports the creativity and innovation by guaranteeing safe, adequate and secure environment for inventors and creators;
Amendment 29 #
2014/2151(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is of the opinion that the implementation of effective measures against all infringements of IPR, taking into account today's digital world and the various means of distribution, the rights of holders while guaranteeing a balance between all interests at stake and the rights of consumers providing them with easy access to the widest possible choice of legal content, will only contribute to the economic development and growth, employment and wealth creation;
Amendment 38 #
2014/2151(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that any IPR related legislation needs to reflect the development of the digital era taking into account the online environment and various means of distribution guaranteeing a balanced approach representing the interests of all stakeholders involved and in particular of consumers and their right of access to content, whilst at the same time promoting artists, creators and innovation in Europe;
Amendment 39 #
2014/2151(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Is of the opinion that enforcement of intellectual property rights should fully respect the principle of proportionality balancing the rights of content owners with those of the users which need to be fully compatible with the Charter of Fundamental Rights of the European Union and data protection rules, namely the protection of personal data, respect for private life and the right to access to justice;
Amendment 46 #
2014/2151(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the distribution of counterfeited and pirate goods has increased in recent years since these goods are easily circulated online; reaffirms the importance of a Commission's education campaign to raise awareness among consumers, employees and clients and in particular among young people explaining and educating them on the economic and social harm caused by commercial scale IP infringements activity.
Amendment 48 #
2014/2150(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to introduce quantitative quality indicators for the different sectors in its annual publication of a REFIT scoreboard, so that it will be possible to indicate if any progress and savings have been achieved at European and national level; implies that these quantitative quality indicators should not be looked at in isolation, but should instead form part of a comprehensive regular quality impact assessment taking into account the interests of all stakeholders involved, an in particular of consumers, creditors and employees;
Amendment 52 #
2014/2150(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the European Commission to facilitate dialogue on regulatory fitness with citizens, Member States, business and civil society at large so to ensure that quality legislation and social aspects of the Single Market are preserved and that one ideal does not progress at the expense of the other;
Amendment 5 #
2014/2148(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the potential of the cultural and creative sectors in Europe and in particular of the European film industry remains highly untapped and underused in the promotion of European cultural diversity and heritage and the creation of sustainable growth and jobs that in turn can also benefit other sectors of the economy providing Europe with a competitive advantage at a global level;
Amendment 7 #
2014/2148(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European film industry is one of the world’'s largest producers with 1500 films released in 2014, but regretfully the numbers of produced films do not reflect in any way the numbers of films being promoted and distributed in and outside Europe and reflect even less the numbers of cinema releases, consumption and the audience that have been reached in non-domestic markets, including within the EU;
Amendment 29 #
2014/2148(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Encourages the European film industry to pursue the development of innovative services, new business models and distribution channels to improve the cross-border availability of European films, thus allowing viewers across at anytime, anywhere and across all devices in and outside Europe, thus allowing viewers across the world but in particular cross- border viewers within the Union to have access to an ever greater range of films across a growing number of platforms;
Amendment 80 #
2014/2148(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the creation of a European wide film platform to encourage the exchange of cross-border cooperation between all stakeholders operating in the audio-visual chain and make the best use of the available human resources in the European film industry; Stresses that the platform's main objective should be to improve the aggregation of information, connect potential partners between the different sectors and countries, provide knowledge and advice on how to maximise the production, distribution and dissemination of European movies;
Amendment 92 #
2014/2148(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that distribution of illegal content, especially among young people who increasingly use online services, has increased in recent years; Reiterates the importance of information and educational campaigns raising awareness among young people on the economic and social harm caused by illegal content and download of movies;
Amendment 3 #
2014/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the objectives of the Europe 2020 Strategy are yet to be achieved and believes that, with a view to the update required, stronger measures should be put in place to bridge the present gap; emphasises that the current revision of the Europe 2020 Strategy has to be consistent with the pressing challenges of social cohesion and economic growth making room for better coordination of the different economic and social policies at EU level;
Amendment 24 #
2014/2059(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes that the Single Market is one of the most important elements of the European project creating benefits for both citizens and enterprises; reiterates that the Single Market remains highly fragmented and the large potential for growth, innovation and jobs highly untapped; calls on the European Commission and Member States to live up to their commitments and safeguard the re-launch of the Single Market among the Union's greatest priorities;
Amendment 57 #
2014/2059(INI)
8a. Welcomes the European Commission initiative Regulatory Fitness and Performance programme (REFIT) to reduce regulatory burden and make simpler, clear and stable regulatory framework supporting growth and jobs, but calls on the European Commission to ensure that quality legislation and social aspects of the Single Market are preserved so that one ideal does not progress at the expense of the other;
Amendment 132 #
2014/0120(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To enable business to enjoy the full benefits ofguarantee fair competition in the internal market, Member States should not require the registered office of an SUP and its central administration to be in the same Member Stateat a single member company within the meaning of this Directive has its registered office in the same Member State where it has its principle place of business.
Amendment 142 #
2014/0120(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to prevent abuse and simplify control SUPs should neither issue any further shares nor should the single share be split. Nor should SUPs acquire or own their single share whether directly or indirectly. Rights attached to the single share should only be exercised by one person. Where Member States allow for co-ownership of a single share, only one representative should be entitled to act on behalf of the co-owners and be considered as a single-member for the purpose of this Directive.
Amendment 143 #
2014/0120(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) The insolvency of a company usually affects not only the company's owner and shareholder, but also its creditors. Employees are particularly concerned by insolvency, as they grant an advance performance to the employer through their work. Therefore Member States should introduce preferential rights for employees in their legislation concerning insolvency proceedings.
Amendment 146 #
2014/0120(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) the special provisions in Part II of this Directive shall apply only to micro or small single-member private limited liability companies;
Amendment 152 #
2014/0120(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Where a company becomes a single- member private limited liability company because all its shares comes to be held by a single person, that fact, together with the identity of the sole member, must either be recorded in the file or entered in the central register, commercial register or company register as referred to in Article 3(1) and (3) of Directive 2009/101/EC or be entered in a register kept by the company and accessible to the public.
Amendment 166 #
Amendment 169 #
2014/0120(COD)
Proposal for a directive
Article 10
Article 10
Amendment 193 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 210 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
5. Member States may lay down rules for verifying the identity of the founding member, and any other person makingThe process of online registration and, where applicable, verification of identification of the founding member, of the representative theat registration on the member's behalf, and the acceptability of the documentsers the single- member private limited liability company on the founding member's behalf and of ther information submitted to the registration body. Any identification issued in ano persons authorised to represent the company shall be governed by national law of ther Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognisedof registration. Member States shall lay down proportionate rules for verifying the identity of the founding member, and any other person making the registration on the founding member's behalf, and the accepted for the purposes of the verification by the Member State ofability of the documents and other information submitted to the registration body.
Amendment 215 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Any change to the information entered in the register of companies pursuant to Article 13(1) shall also be registered in that register by way of on-line registration. A new certificate of registration shall be issued reflecting the change. Where the change concerns the information required under Article 13(1)(d) to (e), paragraph 5 of this Article shall apply. No change shall be effective as against third parties until such registration has been made.
Amendment 223 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring therequire single- member companyies to build up legal reserves. Member States shall allow companies to build reserves in accordance with their articles of associationThe requirement to build up legal reserves shall be in accordance with national laws applicable to private limited liability companies as referred to Annex I.
Amendment 241 #
2014/0120(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Amendment 6 #
2014/0000(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Single Market strategy requires a holistic approach taking into account citizens', consumers' and SMEs' concerns projecting Single Market priorities into all policy areas, so as to ensure the completion of a viable Single Market serving as a catalyst for economic recovery and sustainable growth;
Amendment 9 #
2014/0000(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, more than 20 years after its official creation, the Single Market has not yet been fully completed, primarily because Member States have not fully transposed or implemented Union legislation and the implementation and transposition of the Single Market rules remain uneven between the Member States;
Amendment 11 #
2014/0000(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU Single Market strategy should beneeds to be approached with coherence and determination coordinated and based on a pragmatic, comprehensive and wide- reaching agreement supported by all Member States and the EU institutions; whereas strong leadership, commitment and coordination on the part of all EU institutions, especially from the Presidents of the Commission and Council and clear political ownership, cooperation and solidarity on the part of the Member States is still required in order to fully implement and enforce Single Market- related rules, and increase the credibility of and confidence in the Single Market and its management;
Amendment 16 #
2014/0000(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a well functioning and effective Single Market, based on a highly competitive social market economy, is needed to boost growth and competitiveness and to create quality jobs so as to revitalise the European economy and to guarantee that by addressing Europe's economic, social and environmental challenges the needs of the citizens, consumers and business are adequately taken into account and that the policies proposed can provide added value for European citizens;
Amendment 137 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to closely monitor the implementation and transposition of the new legislation on Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR), so as to ensure that consumers can make full use of an efficient, expedient, affordable out-of-court disputes mechanism, particularly for those disputes emanating from cross-border trade and e-commerce; calls on the Commission to continue with its work and further develop the project of establishing a collective redress framework for European consumers;
Amendment 5 #
2013/2174(INI)
Motion for a resolution
Recital C
Recital C
C. whereas between 1980 and 2011 a small number of big events gave rise to about half of all costs related to weather events; whereas natural and man-made catastrophes are a financial risk wherever they happen;
Amendment 7 #
2013/2174(INI)
Motion for a resolution
Recital D
Recital D
D. whereas storm surges, river floods and flash floods are among the main natural catastrophe risks faced by Europe and, even if their incidence is increasing rapidly, it is still impossiblencreasingly difficult to estimate their increasing effects in terms of damages and costs;
Amendment 11 #
2013/2174(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the consequences of certain natural disasters are in certain cases, amplified by the lack of adequate precautionary measures by governments, local authorities and citizens;
Amendment 22 #
2013/2174(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that information is crucial for the prevention and mitigation of such disasters; calls therefore, for closer cooperation between Member States and the private sector in order to provide citizens with relevant information relating to the risks that they face;
Amendment 23 #
2013/2174(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that the EU and national authorities can provide visible added value by supporting responsible individual behaviour, and welcomes the support of campaigns aimed at improving citizens' awareness of the risks of natural catastrophes and knowledge of geography and climate;
Amendment 27 #
2013/2174(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that the involvement of local authorities and stakeholders in decisions concerning city planning and urban development could improve natural catastrophe management; believes that closer cooperation between public and private sectors could help Member States and local authorities to identify high-risk areas and decide on measures for adaptation to change;
Amendment 28 #
2013/2174(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for Member States and public authorities to take adequate preventive measures in order to mitigate the consequences of natural disasters; invites governments to create and maintain crises response units in order to mitigate the consequences of such crises;
Amendment 29 #
2013/2174(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites theUrges Member States to share best practices and experiences with a view to protecting citizens from unexpected events and developing a network for information exchange, to include management at cross- border level;
Amendment 40 #
2013/2174(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to guarantee easy access to scientificrelevant information, including through comparative statistics, and to publish clear and precise data to support decision- making by consumers when taking out natural catastrophe insurance; considers that the introduction of standard formats based on different classifications of events could be useful;
Amendment 45 #
2013/2174(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that natural catastrophes affect both private households and business activities, and encourages insurance companies to offer affordable coverage and to propose economic incentives to encourage citizens to take out insurance to protect their property in case of damage; invites companies to devise incentives responding to insurance needs in terms of environmental liability, e.g. for enterprises in the gas or the nuclear sector;
Amendment 49 #
2013/2174(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. EncouraUrges insurance companies to simplify contracts for consumers and to provide information on preventive measures to facilitate consumers' choices;
Amendment 55 #
2013/2174(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that risk-based pricing should be central to the availability of insurance coverage; urges therefore relevant authorities to provide citizens with clear and easy to access information;
Amendment 61 #
2013/2174(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that whilst moral hazard has to be avoided, Member states still have an important role to play in the prevention of such catastrophes;
Amendment 53 #
2013/0432(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another textwithdraw its proposal;
Amendment 30 #
2013/0402(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The objective of this Directive should be to promote innovative companies, to ensure fair and honest competition and to create a secure environment for innovation and research, while at the same time safeguarding the rights of journalists, whistle-blowers, workers and researchers, without limiting corporate accountability and the transparency of corporate data.
Amendment 49 #
2013/0110(COD)
Proposal for a directive
Recital 5
Recital 5
(5) It is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public and other authorities by undertakings across the Union. Annual reports should give a fair and comprehensive view of an undertaking's policies, results, and risks.
Amendment 57 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social, gender and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 62 #
2013/0110(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Any incidents of note, both at company and supply chain level during the corresponding reporting period shall be duly disclosed and reported in accordance to verifiable national and European standards;
Amendment 65 #
2013/0110(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) In cases where the undertaking fails to comply with the necessary requirements of non-financial reporting, it must give a clear, precise and verifiable explanation for the lack of such compliance and of the measures it intends to take in order to address such situations in the near future;
Amendment 68 #
2013/0110(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies mayshall rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, the Guiding Principles on Business and Human Rights implementing the UN ‘Protect, Respect and Remedy’ Framework, the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, the International Organisation for Standardisation (ISO) 26000, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 70 #
2013/0110(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) When disclosing non-financial information, undertakings, shall clearly state which frameworks and/or guidelines were used in the compilation of such information;
Amendment 82 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million.
Amendment 102 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social, gender and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 122 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b– subparagraph 2
Article 46 – paragraph 1 – point b– subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an clear and verifiable explanation for not doing so.
Amendment 136 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 a – paragraph 1 – point g
Article 46 a – paragraph 1 – point g
(g) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the company has no such policy, the statement shall contain a clear and, reasoned and verifiable explanation as to why this is the case.
Amendment 141 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a (new) – point a
Article 1 – point 3 a (new) – point a
Directive 2013/34/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
(3a)Article 18 is amended as follows: (a) The following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.’
Amendment 164 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social, gender and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 178 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Article 36 – paragraph 1 – subparagraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an clear and verifiable explanation for not doing so.
Amendment 181 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 31 – paragraph 1 – subparagraph 5
Article 31 – paragraph 1 – subparagraph 5
In providing such information the consolidated annual report mayshall rely on national, EU-based or international frameworks and if so, shallmust specify which frameworks it has relied upon.
Amendment 170 #
2013/0025(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Competent authorities should ensure that, in regard to currency exchange offices, trust and company service providers or gambling service providers, the persons who effectively direct the business of such entities and the beneficial owners of such entities are fit and proper persons. The criteria for determining whether or not a person is fit and proper should, as a minimum, reflect the need to protect such entities from being misused by their managers or beneficial owners for criminal purposes. Without prejudice to any future Union legislation in areas not yet harmonised, the aim and scope of the licence and, or authorisation imposed for the purpose of this Directive should only cover matters falling under this Directive
Amendment 465 #
2013/0025(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall provide that currency exchange offices and, trust or company service providers shall be licensand providers of gambling services be adequately regulated for registered and providers of gambling services be authorisedthe purpose of ensuring that the persons who effectively direct or will direct the business of such entities or beneficial owners of such entities are fit and proper persons.
Amendment 19 #
2012/0060(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, but respecting environmental, social and product standards in the internal market.
Amendment 23 #
2012/0060(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit, based on fair trade.
Amendment 37 #
2012/0060(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency and confidentiality in line with international standards in the field of public procurement and concessions and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators.