969 Amendments of Mylène TROSZCZYNSKI
Amendment 13 #
2018/2684(RSP)
Recital A
A. whereas backlash can be defined as resistance to progressive socialagainst women's rights in the EU change, be defined as regression on acquired rights or seeking to maintain gender inequalities; whereas this resistancebacklash can be both formal and informal and can involve passive or active strategies to counter further progresswomen's rights as they exist in European legislation;
Amendment 24 #
2018/2684(RSP)
Recital B
B. whereas all Member States have assumed obligations and duties under international law to respect, guarantee, protect and fulfil fundamental rights and the rights of women;
Amendment 30 #
2018/2684(RSP)
Recital C
C. whereas the Gender Equality Index shows persistent inequalities with only marginal progress from 2005 to 2015; whereas significant improvements are still needed in all Member States in order to create gender-equal societiessocieties promoting the common good in which women and men can enjoy equal levels of well-being in all areas of life and work;
Amendment 46 #
2018/2684(RSP)
Recital E
E. whereas the main targets of this backlash appears to be common across countries and include the key areas of the institutional and policy framework for gender equality, such as gender mainstreaming, social and labour protection, education, sexual and reproductive health and rights,s focused on preventing and combating violence against women, and working space for women’s organisations;
Amendment 56 #
2018/2684(RSP)
Recital F
Amendment 67 #
2018/2684(RSP)
Recital H
Amendment 75 #
2018/2684(RSP)
Recital I
Amendment 117 #
2018/2684(RSP)
Paragraph 5
5. Emphasises that preventing and combating violence against women is more important than ever, as in addition to persistent problems in state responses,remains vitally important, as new forms of violence have spread, such as sexist hate speech, misogyny and online violence;
Amendment 133 #
2018/2684(RSP)
Paragraph 6
6. Considers it striking that the backlash is built on a convention that targets violence against women, a policy area on which there is a strong consensus; is therefore worried that the rejection of the norm of zero tolerance of violence against women indicates that the very essence of the principles of human rights, equality and dignity is being questioned; calls on the Council to conclude the accession and full implementation of the Istanbul Convention by the EU and to advocate its ratification by the Member Statesthat violence directed specifically against women is never taken at full value by Parliament; considers that the fight for women's rights is exploited with the aim of pushing forward a political agenda in terms of re-educating children and individuals in order to teach a dangerous ideology come what may: gender theory;
Amendment 141 #
2018/2684(RSP)
Paragraph 7
7. Expresses its strong support for the widespread initiatives, including grassroots initiatives, demanding equality for women and men promoted by women’s organisations¸which promote respect for women in a non-partisan way;
Amendment 175 #
2018/2684(RSP)
Paragraph 11
11. Calls on the Member States to end and reverse austerity measures and cutbacks that apply to gender equality programming, and public services and, in particular, the provision of sexual and reproductive healthcare;
Amendment 183 #
2018/2684(RSP)
Paragraph 12
12. Expresses concern that the opponents of reproductive rights and autonomylobbies and certain political personalities have had a significant influence on national law and policy, seeking to impose further restricthe latter having made abortion and contraception the sine qua non solution to the emancipations onf women’s health and reproductive right; notes that they regularly express, in the European Parliament and all the other European institutions, their desire further to impose their ideology to citizens or citizens' groups putting forward alternative solutions to these issues;
Amendment 13 #
2018/2162(INI)
Motion for a resolution
Recital C
Recital C
Amendment 22 #
2018/2162(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender mainstreaming is a globally accepted strategy for ensuring gender equality; whereas the Commission defines gender mainstreaming as 'the integration of a gender perspective into the preparation, design, implementation, monitoring and evaluation ofconsidered important; whereas the Commission does not have to define or implement policies, regulatory measures and spending programmes, with a view to promoting equality between women and men'; _________________ 23 http://eige.europa.eu/gender- mainstreaming/what-is-gender- mainstreamingarding equality between women and men in accordance with the principle of subsidiarity; whereas if the Commission violates this principle, it de facto violates EU treaties;
Amendment 32 #
2018/2162(INI)
Motion for a resolution
Recital H
Recital H
Amendment 34 #
2018/2162(INI)
Motion for a resolution
Recital I
Recital I
I. whereas ensuring coherence between their internal human resources policies and their external actions in the field of promotion of gender equality and LGBTI rights is essential to the credibility of the European Parliament and the other EU institutions;
Amendment 37 #
2018/2162(INI)
Motion for a resolution
Recital L
Recital L
Amendment 61 #
2018/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 66 #
2018/2162(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 71 #
2018/2162(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that female representation in Parliament’s key decision-making positions at political and administrative levels remains low and thatUrges Parliament needs to ensure that the allocation of decision-making positions is evenly spread between genderstakes place purely on merit;
Amendment 85 #
2018/2162(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 92 #
2018/2162(INI)
Motion for a resolution
Paragraph 12 – introductory part
Paragraph 12 – introductory part
12. Welcomes Parliament’s resolution of 26 October 2017 on combating sexual harassment and abuse in the EU; eEmphasises that sexual harassment is a serious crime, an extreme form of gender- based discrimination and one of the biggest obstacles to gender equality; welcomes the Bureau decision of 2 July 2018 to revise the functioning of the Advisory Committee dealing with harassment complaints concerning Members of the European Parliament and its procedures for dealing with complaints, as well as the addition of Article 34a to the Implementing Measures for the Statute for Members of the European Parliament, concerning the financial consequences of a proven case of harassment of an accredited parliamentary assistant; nevertheless strongly regrets the slow and inadequate progress in the implementation of the recommendations of Parliament’s resolution; demands that full and undivided attention be given by Parliament’s president and administration to the full implementation of all requested measures, in particular by means of the 2017-2019 roadmap on 'preventive and early support measures to deal with conflict and harassment between Members and APAs, Trainees or other staff', which should be revised as soon as possible to adequately include at least the following demands of the resolution with a clear timeline for implementation:d should be condemned in all its forms;
Amendment 116 #
2018/2162(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 119 #
2018/2162(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 126 #
2018/2162(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 158 #
2018/2162(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 41 #
2018/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of making education and training in the STEM subjects accessible to women and girls, with particularequal emphasis on increasing their digital competences;
Amendment 54 #
2018/2098(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 66 #
2018/2098(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that gender equality should be a key prioritybetween men and women is important in all working relations, policies and external actions of the EU and supports the related coordinated efforts in the multilateral dialogues and activities of EU delegations such as election observation missions, as well as the work of the EEAS Principale Advisor on GenderMale-Female Equality in third countries, aimed at promoting peace, security and fundamental freedoms;
Amendment 70 #
2018/2098(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the approach of integrating the gender perspectiveCondemns gender mainstreaming in EU Common Security and Defence Policy activities and underlines the importance of providing adequate gender sensitive training to healthcare professionals and humanitaria, rather, of effectively combating illegal immigration aind workers, including those working in emergency assistancerestricting legal immigration;
Amendment 75 #
2018/2098(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Supports the EU’s initiative on 'Preventing Violent Extremism: A Gender Sensitive Approach' and pushes for the promotion of gender sensitive projects thatprojects that take account of equality between men and women and strengthen the roles of women and girls in peacebuilding, conflict prevention and humanitarian response;
Amendment 80 #
2018/2098(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Urges the EUCalls on the Member States to combat gender- based violence in itstheir activities with third countries, to the best of itstheir abilities and using all instruments available;
Amendment 14 #
2018/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Articles 2 and 3 of the TEU acknowledge non-discrimination and equality between women and men as essential values and aims of the Union; whereas Articles 8 and 11 of the TFEU oblige the European institutions to aim for gender equality, integrapromoting equality between women and men into all the Union’s policies and activitiesthrough sound, pragmatic, common-sense policies, in line with the principle of subsidiarity;
Amendment 23 #
2018/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Beijing Platform for Action emphasises the need to analyse tax policies from a gender perspective and to adjust them to promote a more equitable distribution of productive assets, wealth, opportunities, income and services, so as to help women and men in Europe and throughout the world to have a better life, without restricting the freedom of individuals, and in line with the principle of subsidiarity;
Amendment 31 #
2018/2095(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission staff working document ‘Strategic Engagement for Gender Equality (2016-2019)’ identifies key areas for gender equality, including taxation policies, but, in line with the principle of subsidiarity, rightly lacks binding provisions or a call for commitment to gender mainstreaming at Member State level;
Amendment 33 #
2018/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas taxation policies can have explicit or implicit gender biases; whereas an explicit bias means that a tax provision directly targets either men or women in a distinct way, while an implicit bias means that the provision nominally applies equally to all but in reality discriminates against womenare flawed and ways should be found to make them fairer, particularly in the interests of families;
Amendment 39 #
2018/2095(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the lack of a gender perspective in EU and national taxation policiesEU taxation policies, which under the principle of subsidiarity ought not to exist, reinforces current gender gaps (employment, income, unpaid work, pension, poverty, wealth, etc.), creates; whereas certain aspects of the Member States’ taxation policies create disincentives for women to enter and remain in the labour market, and reproduces traditional gender roles and stereotypes, in particular, create disincentives for couples to start a family;
Amendment 42 #
2018/2095(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the design of tax policies is an essential featureoptional proposals for Member States in relation to tax policies are part of the Europe 2020 strategy; whereas the main focus of the Semester remains ensuring compliance with the Stability and Growth Pact, within the bounds set by the principle of subsidiarity, and whereas gender aspects tend to be disregarded in priorities and recommendations, particularly those relating to taxation;
Amendment 69 #
2018/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to support gender equality in all taxation policies and to issue specific guidelines and recommendations to Member States, including that they carry out gender audits of fiscal policies in order to eliminate tax-related gender biases and to ensure that no new tax, spending laws, programmes or practices that increase market or after-tax income gender gapsrefrain from taking initiatives on taxation policy, as this is a matter for the Member States; calls on the Member States to support gender equality in all taxation policies and to take account of Parliament’s non- binding recommendations; calls on Parliament to reject the ideology that sets a feminist fantasy vision orf that reinforce the male breadwinner model are establishede family against the reality of what a family is;
Amendment 74 #
2018/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission (DG TAXUD) to be explicitly mandated to cooperate with EIGE in order to monitor and regularly report on the impact of Member States’ taxation polices on gender equality; calls on the Commission to increase the resources for EIGE for this purpose;
Amendment 77 #
2018/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to promote EU ratification of the CEDAW Convention, as it has done for the UNCRPD and the Istanbul ConventionMember States to consider the ratification of a convention which, by focusing on the family, would offer ways of eliminating all forms of discrimination against women, as well as many of the distressing social problems that EU citizens currently face;
Amendment 79 #
2018/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need for the next Strategic Engagement for Gender Equality to include clear objectives, indicators and institutional mechanisms to ensure gender equality in taxation policies and calls again on the Commission to enhance the status of the Strategic Engagement by adopting it as a communication12proposals to the Member States to ensure gender equality in taxation policies; __________________ 12 As called for in the Council conclusions on Gender Equality of 16 June 2016.
Amendment 86 #
2018/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 101 #
2018/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 108 #
2018/2095(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to eliminateamend tax-related disincentives to female employment and to design refundable tax credits for secondary earners and single parents based on individual incomemeasures which prevent women from choosing freely between employment and starting a family;
Amendment 169 #
2018/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 175 #
2018/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 183 #
2018/2095(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Regrets that gender equality has not been recognised as a horizontal priority in the multiannual financial framework for the years 2021 to 2027 and urges the EU to immediately integrate gender budgeting with regard to revenues and expenditures in the budgetary process, in line with the EU’s gender mainstreaming obligation;
Amendment 38 #
2018/2077(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the achievement of gender equality has been slow and across the European Union women remain underrepresented in the labour market; whereas the evidence suggests that one of the main causes of this is caring responsibilities;
Amendment 78 #
2018/2077(INI)
Motion for a resolution
Recital C
Recital C
C. whereas closing the gender employment gap is conditional on the fulfilment of basic social rights, better services for and greater acknowledgement of the role played by mothers and the provision of basic social services;
Amendment 84 #
2018/2077(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Barcelona targets of providing childcare to at least 33 % of children under 3 years of age (target 1) and to at least 90 % of children between the age of 3 and the mandatory school age (target 2) have been met in just 12 Member States since 2002, with low achievement rates in some Member States worryingly low;
Amendment 122 #
2018/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the gender employment gap widens substantially once families have children, which reflects the difficulties that women face in reconciling child-raising and care responsibilities with their workonce families have children family responsibilities take precedence over the professional life of one of the parents, which bears witness to the fact that parents generally attach more importance to bringing up their children than to professional success; takes the view, in that connection, that parents’ willingness to devote themselves to their children and their upbringing must be acknowledged and that the Member States would do well to consider this issue of vital importance for society; points out that the Member States, and even less so the European Union, should not seek to influence the choices parents make in their professional and private lives;
Amendment 130 #
2018/2077(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission’s proposal for a directive on work-life balance for workers and carers and emphasises, in this context, the importance of the individual rights of leave and flexible working arrangements forPoints out that, in keeping with the subsidiarity principle, it is not for the EU to helping working individuals to manage their private and professional livesers maintain a work-life balance; believes that for the purposes of future development, the aimEU should be to progressively extend parental and care leave9, and to ensure non-transferable parental leave, guarantees in relation to dismissal, return on the same or equivalent post and protection from discrimination carried out on the basis of leave-taking decisions, and the extension of rights to those who need to take leave in order to care for dependents othabide by that principle and set an objective of cooperation between nations, and stop trying to harmonise all the social policies pursued by the Member States; emphasises that the care leave proposal is a good idea which would help the citizens of the Member States; points out, however, than children; _________________ 9As called for in www.europarl.europa.eu/sides/getDoc.do? pubRef=-//EP//TEXT+TA+P7-TA-2010- 0373+0+DOC+XML+V0//ENt it is for the Member States themselves to consider this matter;
Amendment 175 #
2018/2077(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that regardless of the differences between the users to which they cater, care services should be developed in a comprehensive fashion in order to meet women and men’s needs for a work-life balance and bring about equal representation in the labour marketfamily well-being;
Amendment 204 #
2018/2077(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the fact that the prohibitive costs of childcare have a negative impact on children from low income families, putting them at a disadvantage from an early age; emphasises that every child has the right to good-quality care and to early childhood development, including a full range of social stimuli particular through the presence of his or her parents, who must be in a position to devote as much time as possible to their children;
Amendment 233 #
2018/2077(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to develop national plans for improving care services by paying heed not only to users’ needs, but also to the work-life balance of the large numbers of carers; calls on the Member States to monitor their implementation and adopt corrective actions where and when may be needed;
Amendment 244 #
2018/2077(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to present toCalls on the Council for approvalto present a European carers’ programme, with a view to identifying and recognising the various types of informal care-giving in Europe, and guaranteeing financial support for carers, and progressively developing their work-life balance;
Amendment 264 #
2018/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the CommissionMember States to set up targets on care services for the elderly and for persons with disabilities, in consultation with the Member States;
Amendment 274 #
2018/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the CommissionMember States to include care for the elderly and for persons with disabilities in its monitoring and review of data in the European Semester and in the annual report on gender equality; calls on the Member States to consider including assessments of care services for the elderly and persons with disabilities in their country reports; encourages the Member States to adopt and use corrective measures should progress prove to be slow;
Amendment 287 #
2018/2077(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls onUrges the Member States to increase investment in care services and improve the quality of care, and to increase investment in special measures that enable carers to maintain an active professional life which contributes to their well-being;
Amendment 295 #
2018/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 1 #
2018/2046(BUD)
Draft opinion
Recital A
Recital A
A. whereas the European Union is founded on, inter alia, the value of equality between men and women and Article 8 of the Treaty on the Functioning of the European Union states that the promotion of such equality is a fundamental principle of the Union, requiring gender equality to be incorporated into all policies and addressed at all levels of the budgetary process via gender mainstreaming and gender budgeting;
Amendment 4 #
2018/2046(BUD)
Draft opinion
Recital B
Recital B
Amendment 11 #
2018/2046(BUD)
Draft opinion
Recital C
Recital C
C. whereas the Union and its Member StatesMember States of the European Union are, collectively are, the world’s leading donor of global development aid, providing over 50 % of all such aid; whereas the reduction of aid from other donors in the fields of sexual and reproductive health and rights (SRHR) and women’s reproductive health requires an increase in current Union funding, especially in those fields with a particular gender dimension;
Amendment 14 #
2018/2046(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Council to systematicallyuncil to use gender budgeting for relevant public expenditure, including when negotiating and concretising the next multiannual financial framework (MFF) with the aim of being gender-responsive and of achieving the SDGs by promoting and implementing SDG 5 on Gender Equality;
Amendment 24 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Reaffirms its request for increaseda better mobilisation of the already substantial financial resources, e.g. under the European Social Fund, the European Regional Development Fund and the EU cohesion fund, to uphold women’s economic and social rights, especially throughas regards women’s employment and investment in high-quality public care services, and to reduce gender inequality, including through the use of existing instruments at Union and Member State level;
Amendment 27 #
2018/2046(BUD)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 30 #
2018/2046(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need to increase resources for combating all forms of violence against women and, men, girls, as well as gender-based violence against LGBTQI people, including by reinforcing the Daphne funding within the framework of the Rights, Equality and Citizenship Programme for the period 2014 to 2020, as well as ensuring that funding is made available for actions aimed at the effective implementation of the Istanbul Conventionnd boys, without taking account of their gender, race, colour, language, religion, political or other opinions, their national or social origin, whether or not they belong to a national minority, their state of health, disability, marital status, or any other circumstances;
Amendment 36 #
2018/2046(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 41 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 1 #
2018/2024(BUD)
Draft opinion
Recital A
Recital A
A. whereas Article 8 of the Treaty on the Functioning of the European Union states that the promotion of equality between men and women is a fundamental principle of the EU, requiring gender equality to be incorporated into all policies and addressed at all levels of the budgetary process via gender mainstreaming and gender budgeting;
Amendment 17 #
2018/2024(BUD)
Draft opinion
Recital C
Recital C
C. whereas the Union and its Member States collectively are the world’s leading donor, providing over 50% of all global development aid; whereas the reduction of aid from other donors in the field of sexual and reproductive health and rights (SRHR) and women’s reproductive health requires the Union and its Member States to increase current funding, especially in those fields with a particular gender dimension;
Amendment 22 #
2018/2024(BUD)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 29 #
2018/2024(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 41 #
2018/2024(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the EU, to promote women’s organisations, women’s rights,hrough EU development aid, to support the Mempowerment of girls and women’s representation in decision-making through EU development aid; recalls the urgent neber States in their policies for families, children, the most vulnerable, and the most deprived, to increase EU funding for SRHR in order to counter the impact of the financing gap left by the US after the reinstatement and expansion of its ‘global gag rule’hat being the role which falls to, and which should be played by, a union of European states;
Amendment 50 #
2018/2024(BUD)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 36 #
2018/0254(COD)
Proposal for a regulation
–
–
The Committee on Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to reject this proposal.
Amendment 18 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to makeing our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain a rights- based, equalfair, inclusive and democratic society. That includes a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common history and memory. Article 11 of the Treaty of then European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 21 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time, supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belonging and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of UnionEurope and of Europe’s values is particularly important amongst citizens of the EU’s outermost regions due to their remoteness and distance from continental Europe.
Amendment 23 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Europe’s historical memory are necessary to make citizens aware of the common history, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a, European identity and a sense of belonging together.
Amendment 24 #
2018/0207(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Citizens should also be more aware of their rights deriving from citizenship of thethe involvement of their countries in the European Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights rights deriving from their citizenship of an EU Member State, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.
Amendment 27 #
2018/0207(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Equality between women and men is a fundamental value and an objective of the European Union. Discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of structural and cultural barriers hinders the achievement of real gender equality. Promoting gender equality in allappropriately in the activities of the Union is therefore a core activity for the Union and a driver for economic growthgrowth with regard to the well-being of the peoples of Europe, and should be supported by the programme.
Amendment 41 #
2018/0207(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non- discrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, anti- sSemitism, anti-mMuslim hatred, anti- Christian hatred and other forms of intolerance. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 2020’10 and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States11. __________________ 10 COM(2011) 173. 11 OJ C 378, 24.12.2013, p. 1.
Amendment 44 #
2018/0207(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society, on an equal basis with others. People with disabilities are faced with barriers to, among other things, access the labour market, benefit from an inclusive and quality education, avoid poverty and social exclusion, enjoy access to cultural initiatives and media, or use their political rights. As a party to the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD), the Union and all its Member States of the Union have committed to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The provisions of the UNCRPD have become an integral part of the UnionMember States’ legal order.
Amendment 45 #
2018/0207(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Pursuant to Articles 8 and 10 TFEU, the Programme, in all its activities, should support gender mainstreaming and the mainstreaming of non-discrimination objectives in an appropriate manner.
Amendment 52 #
2018/0207(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 53 #
2018/0207(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesiareas in which cooperation among Member States is appropriate, and it should be for the Member States alon,e tourism, external relations, trade and development decide whether such cooperation is appropriate.
Amendment 55 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisations, in order to sustain open, democratic and inclusive societiessocieties protecting those who are weakest, and focusing on the common good.
Amendment 60 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) to promote equality and rights (Equality and rights strand),
Amendment 67 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientationf whatever kind, and supporting comprehensive policies to promote gender equality among men and women and anti-discrimination and their mainstreaming, as well as policies to combat racism and all forms of intolerance;
Amendment 73 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) protecting and promoting human rights from conception to natural death, the rights of the child, the rights of people with disabilities, Union citizenship rights and the right to the protection of personal data.
Amendment 74 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) protecting and promoting the rights of the child, the rights of people with disabilities, Union citizenship rightsthe rights deriving from citizenship of one of the EU Member States, and the right to the protection of personal data.
Amendment 85 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) preventing and combating all forms of violence against children, young people and, women, as well as violence against other groups at risknd men;
Amendment 113 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 48 #
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 59 #
2018/0112(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 63 #
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. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 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 65 #
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 whereto the terms and conditions of a contractual relationship, regardless of their 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 decisive.
Amendment 73 #
2018/0112(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.
Amendment 75 #
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 75 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user, non-compliant terms and conditions should be concsiderned, with effects ex nunc. Any such finding by a co null and void. Any such measurte 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 81 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way.
Amendment 84 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 87 #
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 this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. 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. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. 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 91 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In some cases, the imbalance in bargaining power between the provider of online intermediation services and other user companies results in a significant imbalance in the rights and obligations of parties to the contract, which harms the interests of the user companies. In this case, the online intermediation services provider should apply fair treatment to user companies. In doing so, it should avoid practices which undermine companies’ freedom and ability to carry out their business activities.
Amendment 108 #
2018/0112(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 112 #
2018/0112(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) As the objective of this Regulation, namely to ensure a fair, predictable, sustainable and trusted online business environmentIn accordance within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarprinciple of proportionality, 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 Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 113 #
2018/0112(COD)
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation 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, fairness and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.
Amendment 121 #
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. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 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 124 #
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 whereto the terms and conditions of a contractual relationship, regardless of their 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 decisive.
Amendment 136 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 138 #
2018/0112(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.
Amendment 142 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user, non-compliant terms and conditions should be concsiderned, with effects ex nunc. Any such finding by a co null and void. Any such measurte 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 147 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) are objective, non-discriminatory, fair and reasonable; and
Amendment 148 #
2018/0112(COD)
(c) set out the objective, non- discriminatory and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking account of all the circumstances, notably when there is no direct alternative to their services.
Amendment 154 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be bindingbe null and void, without prejudice to the validity onf the business user concerned where such non-compliance is established by a competent courtremaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 163 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non- discriminatory way.
Amendment 164 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non- compliant provisions.
Amendment 168 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 173 #
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, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision, giving at least 15 days’ notice.
Amendment 177 #
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 this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. 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. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. 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 182 #
2018/0112(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In some cases, the imbalance in bargaining power between the provider of online intermediation services and other user companies results in a significant imbalance in the rights and obligations of parties to the contract, which harms the interests of the user companies. In this case, the online intermediation services provider should apply fair treatment to user companies. In doing so, it should avoid practices which undermine companies’ freedom and ability to carry out their business activities.
Amendment 186 #
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 clearly and precisely 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. The parameters must be objective and non-discriminatory and must be applied in a consistent and non-discriminatory way.
Amendment 216 #
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, and any technical or economic benefit that it does not extend to all business users;
Amendment 220 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 225 #
2018/0112(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) As the objective of this Regulation, namely to ensure a fair, predictable, sustainable and trusted online business environmentIn accordance within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarprinciple of proportionality, 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 Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 230 #
2018/0112(COD)
1. This Regulation 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 fair and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.
Amendment 243 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services 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 restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services 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 252 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised and providing in all instances, within 15 days, an initial reply stating in particular how long it will take to process the complaint concerned;
Amendment 274 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 299 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) are objective, non-discriminatory, fair and reasonable; and
Amendment 305 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective, non- discriminatory and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking account of all the circumstances, notably when there is no direct alternative to their services.
Amendment 313 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be bindingbe null and void, without prejudice to the validity onf the business user concerned where such non-compliance is established by a competent courtremaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 323 #
2018/0112(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Sanctions Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Those penalties must be effective, proportionate and dissuasive.
Amendment 342 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to tTerms and conditions implemented by a provid, or specific provisions ther eof online intermediation services contrary to the provisions of paragraph 3 shall be null and void, which do not comply with the requirements of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 360 #
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, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision, giving at least 15 days’ notice.
Amendment 390 #
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 clearly and precisely 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. The parameters must be objective and non-discriminatory and must be applied in a consistent and non-discriminatory way.
Amendment 465 #
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, and any technical or economic benefit that it does not extend to all business users;
Amendment 476 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. When providers of online intermediation services or any user company controlled by those providers offer goods or services which are in competition with those offered by other user companies, the providers of online intermediation services must treat such other user companies fairly, so as not to compromise those companies’ ability and freedom to trade. This fair treatment shall entail: (a) allowing consumers to choose the services to which they have access via the online intermediation service without imposing unjustified constraints on them – for example, by ignoring or changing their default parameters – in making that choice; (b) refraining from interference in the trading relationships between user companies and the consumers who use those companies’ services, and particularly from blocking or otherwise inhibiting exchanges of information or communication between the companies and the consumers, inter alia through the use of advertisements or marketing operations; (c) granting user companies the information required to obtain a degree of interoperability with the provider of online intermediation services, or with its ancillary services, which is the same as that afforded to the services offered by the provider of online intermediation services itself; (d) not denying user companies technical or economic benefits which the provider of online intermediation services extends directly or indirectly to its own services.
Amendment 538 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services 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 restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services 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 565 #
2018/0112(COD)
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised and providing in all instances, within 15 days, an initial reply stating in particular how long it will take to process the complaint concerned;
Amendment 707 #
2018/0112(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Penalties Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Penalties shall be effective, proportionate and dissuasive.
Amendment 19 #
2018/0064(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 29 #
2018/0064(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the Authority. The composition of the Management Board, including the selection of its Chair and Deputy-Chair, should respect the principles of gender balanceequity, experience and qualification. In view of the effective and efficient functioning of the Authority, the Management Board, in particular, should adopt an annual work programme, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. Representatives from countries other than Union Member States, which are applying the Union rules within the scope of the Authority, may participate in the meetings of the Management Board as observers.
Amendment 74 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and womean equitable gender representation on the Management Board.
Amendment 78 #
2018/0064(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Management Board shall elect a Chairperson and a Deputy Chairperson from among the members with voting rights, and shall strive for gender balanceequity. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board with voting rights.
Amendment 1 #
2017/2270(INL)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
1a. having regard to Article 51 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code);
Amendment 2 #
2017/2270(INL)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
1b. having regard to the judgment of the CJEU in case C-638/16 PPU of 7 March 20172
Amendment 6 #
2017/2270(INL)
Draft opinion
Recital A
Recital A
A. whereas genderviolence against women is a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-based violence;
Amendment 14 #
2017/2270(INL)
Draft opinion
Recital B
Recital B
B. whereas the need for safe and legal pathways to the Union are pressing, also from a gender perspective, and whereas humanitarian visas can be complementary, although not replacing, other safe pathways such as resettlement and humanitarian admissioit is vital that more effective measures to manage the EU’s external borders be taken quickly in order to reduce trafficking in human beings, in particular the sex trafficking of women and children, and to cut off funding for terrorist or organised crime groups operating on the other side of the Mediterranean;
Amendment 16 #
2017/2270(INL)
Draft opinion
Recital C
Recital C
C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union min France alone the number of visas issued for humanitarian reasons rose by 35%1a in 2017; whereans that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI persons;it is up to the Member States to decide whether or not to grant visas from their diplomatic representations (consulates and embassies) in foreign countries; __________________ 1a https://www.lemonde.fr/immigration-et- diversite/article/2018/01/16/immigration- les-expulsions-des-etrangers-en-situation- irreguliere-ont-augmente-de-14-6-en- 2017_5242278_1654200.html
Amendment 28 #
2017/2270(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasizes that oftentimes vulnerable economic and other type of dependence puts women and girls Stresses the need to distinguish economic migrants (persons leaving theird countries in a situation where it is even more improbable for them then for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea ary of origin not because of a direct threat of persecution or death, but in order to improve their materivals to Italy, Greece and Spain1; __________________ 1 [1] https://data2.unhcr.org/en/documents/do wnload/63039 living conditions) from asylum seekers;
Amendment 31 #
2017/2270(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that these persons continue to receive the protection of their government when they return to their country of origin;
Amendment 33 #
2017/2270(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls, as well as LGBTI persons put themselves undercurrent EU policies which expose women and girls to the serious risk of sexual and gender-basedphysical violence along routes and in reception centeres by fuelling the trafficking of migrants by supporting NGOs which work with people-smuggling mafias;
Amendment 41 #
2017/2270(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. CRecalls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlemethat Member States are not required, under EU law, to grant and humanitarian admission, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility tovisa to persons who wish to travel to their territory with the intention of applying for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.sylum, but that they remain free to do so directly in the countries of origin on the basis of their national law;
Amendment 49 #
2017/2270(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that Member States should be given back control of their borders and should be free not to authorise the free movement of persons holding a humanitarian visa;
Amendment 4 #
2017/2224(INI)
Draft opinion
Recital B
Recital B
B. whereas school education offers a unique opportunity to address all forms of discrimination and stereotypes faced by girls and women, but this potential has not been fully utilised in the European Unionyoung Europeans to pursue training in order to better serve their respective countries; whereas education remains and must remain the prerogative of the parents; whereas the state or the European Union may not contravene this rule;
Amendment 48 #
2017/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and Member States to place greater emphasis on attenable students to develop their desires, aspiracting girls to theons and talents in STEM and ICT fields, as well as on addressing the digital gender gap through developing their digital skillfield of Humanities;
Amendment 1 #
2017/2210(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 1, 11 and 23 of the Charter of Fundamental Rights of the European Union,
Amendment 2 #
2017/2210(INI)
Motion for a resolution
Citation 21
Citation 21
Amendment 8 #
2017/2210(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the media act as a fourth power, and have the capacity to influence and ultimately shape public opinion, and have a duty to ensure freedom of information, diversity of opinion a; whereas they are thus obliged to guarantee access to good-quality information, avoiding unsubstantiated reports, and to uphold the right to the freedom to hold opinions and the freedom to receive and impart information and ideas without interference by public authority, as enshrined in Article 11 of the Charter of Fund amedia pluralism; ntal Rights of the European Union;
Amendment 29 #
2017/2210(INI)
Motion for a resolution
Recital F
Recital F
F. whereas gender pay and pension gaps are a persistent problem in the EU, and are evident in different economic sectors, including the media, are a persistent problem in the EU;
Amendment 32 #
2017/2210(INI)
Motion for a resolution
Recital G
Recital G
G. whereas women continue to face a glass ceiling in the media owing to a variety of factors, including the procedures of an organisational culture which is often uncongenial to a work-life balance particular the fact that it is impossible for them to strike a work-life balance that is beneficial for them and for their families;
Amendment 36 #
2017/2210(INI)
Motion for a resolution
Recital H
Recital H
H. whereas public media organisations in the Member States are able to establish their own equality policies, which leads to a wide spectrum of practices in the EU: from very comprehensive policy frameworks covering media content and providing for a balanced representation of men and women in decision-making bodies, to there being no such policy in place;
Amendment 50 #
2017/2210(INI)
Motion for a resolution
Recital K
Recital K
K. whereas women are not highlyless present in the news and information media and are even less visible, especially in the domains of sport, politics, the economyics and finances, notwithstanding the variety of media outlets across the Member States;
Amendment 63 #
2017/2210(INI)
Motion for a resolution
Recital L
Recital L
L. whereas female investigative journalists in particular are often subjected to violence and thpays tribute to Veronica Guerin and Daphne tCarget of deadly attacks, as evidenced by the cases of Veronica Guerin or Daphne Caruana Galiziauana Galizia, who, as investigative journalists, fought so brilliantly for truth and justice;
Amendment 80 #
2017/2210(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States, in conjunction with equality bodies, to focus on the implementation of existing national legislation addressing equality between women and men, and to encourage regulatory bodies to pay attention to women’s presence and advancement in the media sector and to non-stereotypical media content, as well as to media and advertising content that is offensive to human dignity;
Amendment 86 #
2017/2210(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RecallsPoints out that media organisations are at liberty to determine roles for their employees, both men and women, but urges them to do so with the utmost respect for personalhuman dignity and for the quality of their employees’ environment and professional qualitydevelopment; observes, in this context, worrying instances of female reporters deemed more suitable for television journalism for their perceived attractiveness to the audience, and being subsequently replaced by younger colleagues as they get older;
Amendment 98 #
2017/2210(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that while any regulatory action of sexism and stereotypical gender portrayals in media content is a prerogative of the Member States and subject to due considerations of the principle of freedom of expression, which is linked to editorial freedom, should not serve to encourage or legitimise stereotypical or negative portrayals of women;
Amendment 113 #
2017/2210(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that regulations issued by Member State media and communication regulatory authorities set out criteria to ensure stereotype-freerespectful portrayals of women and girls and include the possibility of removing offensive content; recommends that specialist organisations, such as national equality bodies and women’s NGOs, are involved in monitoring the implementation of theose regulations;
Amendment 141 #
2017/2210(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 14 #
2017/2206(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on allProposes that states to legally recognise the rights of indigenous peoples to self-determination and to their ancestral territories; stresses the special connection between indigenous women and their ancestral territories, especially in relation to traditional practices for the sustainable management of natural resources, the model of community support and resilience; expresses its deep concern about the consequences of land grabbing and resource extraction on indigenous communities, particularly on indigenous women;
Amendment 32 #
2017/2206(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on all states to ensure the free, informed and prior consent of indigenous peoples to all projects that may affect them, and to ensure that the rights of indigenous peoples, including their right to self-determination and their land rights, are respected and protected throughout the process; calls for the European Union to ensure that this consent is required for all Europeanon states to ensure that their companies, whoen pursueing activities in third countries, respect the rights of these local communities;
Amendment 1 #
2017/2194(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 4 #
2017/2194(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 12 #
2017/2194(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the lack of reaction againstany action to promote gender inequality strengthens traditional gender roles and puts at risk currmust aim for the common good of our societies; whereas the aim of these actions, be they political, administrative or NGO-based, should be the well-being of girls, of woment, and future achievements in this fieldmore widely of families from EU member countries;
Amendment 19 #
2017/2194(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the discrimination suffered by women also affects rural women, and whereas the majorityprogress towards equality between men and women also needs to be made in rural areas in the EU; whereas a proportion of women in the worldEU live in rural areas and are therefore more exposed to multiple forms of discrimination;
Amendment 32 #
2017/2194(INI)
Motion for a resolution
Recital G
Recital G
G. whereas rural women encounter numerous difficulties in accessing adequate public or affordable health services owing to limited mobility and a lack of access to transport or means of contacting transport (for example, a mobile phone); whereas there is a need for comprehensive health services which address the physical, mental and emotional wellbeing of rural women (for example, to respond to gender-based violence)wellbeing of rural women;
Amendment 61 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
Amendment 67 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) involve allpropose that governments and require them toin the EU and the rest of the world draw up programmes aimed at eliminating all harmful practices, such as child, early and forced marriage and female genital mutilation;
Amendment 68 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) call onpropose that the Member States to invest in women’s and girls’ access to education and vocational training and also to ensure accessibility and availability in rural areas, with particular focus on science, technology, engineering, maths and innovation, as these areas are important tools fora view to achieving the Sustainable Development Goals;
Amendment 77 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) eliminate the gender pay gap, theap in pay for equal work between men and women, the gap in lifetime remuneration (earnings) gapunder equal conditions, and the pensions gap;
Amendment 81 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) call on the Member States and regional and local authorities to guarantee universal access to adequate healthcare, including sexual and reproductive health services;
Amendment 84 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) ensure genderpropose mainstreaming in all policies andequality between men and women in the relevant policy areas and in all programmes by means of adequate financial and human resources;
Amendment 88 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) mobilise all necessary resources to achieve genuine equality by mainstreaming gender in all policies and actions, including through gender budgetingetween men and women;
Amendment 110 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) safeguard the right to a healthcare which takes into account factors which are different to those concerning men and is adapted to the needs of rural women and girls, particularly with regard to sexual and reproductive health and rightsobstetric health;
Amendment 113 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) improve the effectiveness, transparency and democratic nature of international, national, regional and local institutions which support and strengthen the roles of rural women, ensuring their presence through equal participationfair and equitable selection that takes account of the qualities of individuals, both men and women, and not of criteria such as sex, sexual practices, race, religion, or any kind of criteria that have no place in a selection process;
Amendment 144 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) call on the Member States, the social partners and civil society to support and promote the participation of women in decision-making and in the governing bodies of professional, business and trade union associations and organisations in the area of agriculture, as well as in the management and representation bodies through an equal presence;
Amendment 162 #
2017/2194(INI)
Motion for a resolution
Paragraph 1 – point y
Paragraph 1 – point y
(y) develop employment policies, services and programmes to address the precarious situation of rural women, who can face many forms of discrimination based on age, ethnicity, race orsometimes face difficulties in the labour market owing to their age, or to a disability;
Amendment 4 #
2017/2191(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition policy is closely interlinked with taxation policy; encourages the Commission to strengthen its efforts to tackle illegal state aidsocial dumping and taxation rules that may distort competition in the internal market;
Amendment 12 #
2017/2191(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 3 #
2017/2170(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the European Institute for Gender Equality (EIGE) was established in order to contribute to and strengthen the promotion of gender equality between men and women, including gender mainstreaming in allthe most relevant Union policies and the resulting national policies, the fight against discrimination based on sex, and raising Union citizens’ awareness of gender equality; points out that the EIGE sometimes falls short of its mission, which is to conduct studies on equality between men and women, by proposing analyses based on gender and gender equality concepts; points out that gender equality is different from equality between men and women in that it is based on extremely subjective social and societal criteria, which are sometimes built on assessments that are more ideological than realistic;
Amendment 9 #
2017/2170(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Is of the opinion, on the basis of the data available now, that discharge cannot be granted to the Director of the EIGE in respect of the implementation of its budget for the financial year 2016. Takes the view, weighing up the cost of the Institution and the extent to which it actually helps to protect women and equality between men and women, that it is disproportionately expensive and that the Member States cannot foot the bill.
Amendment 4 #
2017/2136(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the promotion of equality between women and men should be integrated into allthe most relevant policy areas; reiterates therefore its call for the implementation of gender budgeting at the moset relevant stages of the budgetary process, including the implementation of the budget and assessment of its implementation;
Amendment 7 #
2017/2136(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for gender equality between men and women to be explicitly mentioned in heading 3, ‘Security and citizenship’;
Amendment 9 #
2017/2136(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 13 #
2017/2136(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 15 #
2017/2136(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for gender impact assessment as part of general ex-ante conditionality for EU funds, and for thea collection of data disaggregated when possible by sex on, for it to cover beneficiaries and participants, and for this collection to enable an impact assessment to be carried out on the use of EU funds;
Amendment 16 #
2017/2136(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the relatively balanced participation by gendersex (52 % women versus 48 % men) in European Social Fund interventions in 2016;
Amendment 19 #
2017/2136(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for a renewed commitment by Parliament, the Council and the Commission to gender equality in the next MFF, by means of a joint declaration attached to thebetween men and women in the next MFF.
Amendment 1 #
2017/2086(INI)
Motion for a resolution
Citation 2
Citation 2
Amendment 2 #
2017/2086(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 7 #
2017/2086(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that gender disparities in the ownership of and access to resources (such as land, credit and technology), coupled with sociocultural barriers, increase the exposure of those resources to climatic risks; notes that the management of water resources is also a crucial issue in this connection;
Amendment 21 #
2017/2086(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the impacts of climate change are different for women and men; whereas women are more vulnerable, faceexpose women to higher risks and burdens for various reasons, ranging from unequal access to resources, education, job opportunities and land rights, to social and cultural norms and their diverse intersectional experiences based on ethnicity, identity, sexual orientation, religion, function and age etc.;
Amendment 23 #
2017/2086(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that women’s empowerment is central to the achievement of the SDGs; urges the EU and its Member States to step up their efforts to mainstream gender into their climate policies andwomen’s education to enable them to improve their management of the natural resources at their disposal; notes that women’s emancipation and education also contribute to guaranteeing their rights with a view to the demographic transition which is indispensable in the context of any serious development cooperationpolicy;
Amendment 30 #
2017/2086(INI)
Motion for a resolution
Recital C
Recital C
C. whereas climate impacts exacerbate gender inequalitienatural disasters have adverse effects ion relation to discrimination, threats to health, loss of livelihood,access to health care, and to livelihood resources; whereas natural disasters cause displacement, forced migration, poverty, increase the risk of human trafficking, violence, food insecurity, access to infrastructure and essential services; whereas there is a need for a gender-transformative approach, which links the analysis of climate impacts to a critical reflection on masculinities, norms, consumption patterns and their impact on climate changend reduce the access of the affected communities to infrastructure and essential services;
Amendment 39 #
2017/2086(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls the pivotal role of forests in biodiversity conservation, climate change mitigation, the delivery of ecosystem services and the safeguarding of livelihoods; considers that REDD+ action should address structural inequalities around land and forest tenure; takes the view that, in the context of the REDD+ programme, women should be the first to benefit from targeted training on eco- diversity, the preservation of plant life, sustainable forestry and awareness- raising about the protection and variety of tree species; also takes the view that such training should feature the sustainable exploitation of resources, particularly bees and flowers, with a view to establishing partnerships with European businesses particularly in the agri- foodstuffs and cosmetic industries;
Amendment 55 #
2017/2086(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the need to engage wipromote the existing climate finance frameworks at all levels, so as to ensure that gender perspectives are integrated into disaster risk reduction and adaptation efforts.mancipation of women in order to work towards food security and tackle the potential risks of environmental disasters caused in particular by poor land management;
Amendment 55 #
2017/2086(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Parties to the UNFCCC decided at COP 18 (Decision 23/CP.18) to adopt the goal of achieving gender balance in the bodies established pursuant to the Convention and the Kyoto Protocol in order to improveimproving women’s participation, and ensureing a more effective climate change policy that addresses the needs of women and men equally, and to keep track of progress made towards the goal of gender balance in advancing gender-sensitive climate policy;
Amendment 58 #
2017/2086(INI)
Motion for a resolution
Recital F
Recital F
Amendment 64 #
2017/2086(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Paris Agreement (COP 21) establishes that gender-responsive climate action must be integrated into all aspects of the implementation of the Agreement;
Amendment 69 #
2017/2086(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Parties to the Paris Agreement have acknowledged that climate change is a common concern of humankind, and that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local commensure they provide, regardless of the community affected, access to health care, food and shelter, unities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equityl natural disaster victims find a permanent home;
Amendment 103 #
2017/2086(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the EU has a clear legal framework that requirencourages it to respect and promote gender equality and human rights in its internal and external policies; whereas EUthe EU’s climate policy can have a significant impact on the protection of human rights and the promotion of gender-responsive climate policies globallychange proposals could shape the policies of Member States in this area, without being binding;
Amendment 105 #
2017/2086(INI)
Motion for a resolution
Recital S
Recital S
Amendment 128 #
2017/2086(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 145 #
2017/2086(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, together with the Member States, to secure a gender-sensitive approachMember States, to secure an approach sensitive to all, men and women, without any discrimination, within its work on the Platform on Disaster Displacement (the Nansen Initiative) and its ‘Agenda for the protection of cross- border displaced persons in the context of disaster and climate change’;
Amendment 149 #
2017/2086(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to contribute to the stability of Europe, and of the world, by instructing the EU to halt its migration policy; calls on the Member States to close all migratory routes which also act as incentives; calls on the Member States to urgently work towards stability through the Global compact for safe orderly and regular migration, with a view to safeguarding climate justice, providing human rights- based input and mainstreaming gender equality between men and women throughout the global compact;
Amendment 168 #
2017/2086(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Directorates-General responsible for gender equality between men and women, development and energy and climate respectively to include gender equality in a structured and systematic mannerbetween men and women in their climate change and energy policiesy for the EU and not focus exclusively on the external dimension; urges, in particular, the Directorate- General for Justice and Consumers and the Directorate- General for International Cooperation and Development (DEVCO) to step up their awareness of and work on GEWE as it relates to climate justice; stresses the necessity for the Directorate- General for Climate Action (CLIMA) to allocate resources to staff the position for a gender focal point (GFP);
Amendment 173 #
2017/2086(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises that, without leadership commit equality between ment and the institutional incentives that should flow from that leadership, improvements to technical guidance and the like will not transform the EU’s effectiveness on GEWEwomen falls within the exclusive remit of the Member States, and that the respect of subsidiarity is enshrined in the EU’s treaties; recognises that only the Member States are empowered to take decisions on male/female equality;
Amendment 175 #
2017/2086(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 181 #
2017/2086(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on its parliamentary committees to give greater importance to gender mainstreaming when working within their areas of competence on the cross-cutting issues of climate change, sustainable development and human rightsand greater attention to the needs of EU citizens; calls on each parliamentary committee to stay within its area of competence;
Amendment 15 #
2017/2083(INI)
Motion for a resolution
Recital B
Recital B
B. whereas relations between the EU and Africa must be guided by principles of mutual interest and understanding and by shared common values within the framework of a reciproca mutually beneficial partnership;
Amendment 18 #
2017/2083(INI)
Motion for a resolution
Recital C
Recital C
C. whereas relations between the EU and the continent of Africa are based on various legal instruments and political strategies and whereas it is important to step up synergies and coherence between them in order to makrebalance theat partnership and make it more effective on the ground;
Amendment 27 #
2017/2083(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU is apermanent members of the UN Security Council are major guarantors of the security of the continent of Africa and whereas instability in Africa has a direct impact on the stability inof European societies;
Amendment 59 #
2017/2083(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls the recognised Notes the ineffectiveness of ACP- EU cooperation and the results achieved ; stresses that a common framework which is geared towards strengthening the field of development; stresses that this common frameworkstates, mutual understanding and upholding the sovereignty of all the states must be maintained, while developing the regional dimension, including by means of increased cooperation with the African Union and the regional economic communities;
Amendment 69 #
2017/2083(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Endorses the stated desire to intensify alliancesdialogue to tackle global governancecooperation issues between the EU and Africa; stresses, in this context, the need to step up the dialogue with the AU and the importance of ensuring its financial autonomy by reducing its dependence on external financing;
Amendment 96 #
2017/2083(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to promote good governancethe stability of states, democracy, the rule of law and respect for human rights, but also efforts to combat corruption on both continents, as they are indispensable elements in sustainable development;
Amendment 119 #
2017/2083(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that EUthe action should respond totaken by the Member States should be in synergy with the strategies adopted by African countries, particularly those expressed in Agenda 2063 relating to peace and security;
Amendment 125 #
2017/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the urgent need to increase the capacities of developing countries and cooperation between the EU, its Member States and Africa in the field of security and in combating organised crime and trafficking in human beings;
Amendment 129 #
2017/2083(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of the African Peace Facility and its support for the various EU missions and operations deployed in Africa; calls for European peace and security actions to be stepped up, in cooperation with African and international partnertransformed by transferring responsibility to African partners and obtaining block funding for those actions alongside economic and social development projects;
Amendment 131 #
2017/2083(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the importance of the permanent members of the UN Security Council being involved in the planning, financing and implementation of security and development actions;
Amendment 162 #
2017/2083(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports the establishment of a continental free trade area in Africa; recalls also the development prospects presented byeconomic cooperation area in Africa; notes also the failure with regard to the development of the Economic Partnership Agreements (EPAs) and trade agreements between the EU and African countries; calls on the Commission and the Member States to return to the spirit of the Lomé Convention and its asymmetric free-trade philosophy; calls for increased cooperation between the European and African private and public sectors and for concentration of investment in key sectors such as sustainable energy, basic infrastructure, sustainable use of natural resources and agriculture, particularly by means of public-private partnerships;
Amendment 232 #
2017/2083(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that migration and mobility havehas an economic, social, environmental and political impact and that this challenge must be tackled in a manner which is coordinatedresponsible and collaborative between the EU and Africa;
Amendment 1 #
2017/2073(INI)
Motion for a resolution
Recital A
Recital A
Amendment 4 #
2017/2073(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in the absence of harmonisation, it is for the Member States to decide on the regulation of professions, albeit in a non-discriminatory, justified and proportionate manner;
Amendment 38 #
2017/2073(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 46 #
2017/2073(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations, which is crucial for the mobility of professionals across the EU;
Amendment 57 #
2017/2073(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public and/or national interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio-economic context;
Amendment 64 #
2017/2073(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. At the same time, cConsiders that discriminatory, unjustified and disproportionate requirements can be particularly unfair for young professionals, hamper competition and negatively affect service recipients, including consumers;
Amendment 71 #
2017/2073(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the role of professional regulation in achieving a high level of protection of public and national interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this;
Amendment 81 #
2017/2073(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 85 #
2017/2073(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 94 #
2017/2073(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that this indicator, based on numerical data and including merely an analysis of the barriers to free movement, is to be used as a purely indicative tool and does not determine automaticallymust never be used to determine whether a possibly stricter regulation in some Member States is disproportionate;
Amendment 2 #
2017/2066(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the Consumer Financial Services Action Plan and its focus on many of the key issues and initiatives raised in Parliament’s report on the Green Paper on Retail Financial Services and the opinion of the Committee on the Internal Market and Consumer Protection (IMCO), in particular those on cross-border transaction fees, pricing for car rentals, motor insurance and eIDAS, and those aiming to increase transparency in general;
Amendment 8 #
2017/2066(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the fact that the Action Plan aims to tackle a number of important issues and that in some of the areas it sets out specific actions to be taken by the Commission, with a clear timetable; regrets, however, that in some of the identified areas, the proposals on how to solve the identified problems remain rather vague;
Amendment 26 #
2017/2066(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomNotes theat a review and cutting back of national trade barriers but cautions that this should notdo not necessarily result in lowhigher consumer protection standards;
Amendment 33 #
2017/2066(INI)
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4a. Considers that the establishment of a single market in retail financial services is a denial of the local, regional and national nature of those services;
Amendment 34 #
2017/2066(INI)
Draft opinion
Paragraph 4b (new)
Paragraph 4b (new)
4b. Notes that the disparities flagged up by the Commission are rooted in local, regional and national consumption habits and that those habits must be safeguarded;
Amendment 35 #
2017/2066(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates itsTakes the view that online comparison tools can substantially improve comparability between various financial products and help consumers to make an informed decision; asks the Commission to monitor the rollout and uptake of the stakeholders’ initiative ‘Key principles for comparison tools’, including voluntary certification schemes, and to evaluate the need for compulsory certificationt national level;
Amendment 7 #
2017/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that gender equality between men and women is enshrined in the EU Treaty and should be included in all EU policies so as to deliver equality in practice; stresses that gender budgeting must become an integral part of the budgetary procedure at all its stagguaranteed in EU policies;
Amendment 11 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the need for stronger and more efficientwomen’s freedom to be properly defended, taking account of the threats currently posed against them by Islamism or sexual harassment; stresses that the current efforts to integration ofe gender equality into EU policies and gender mainstreaming tools during the next programming periodt an ever deeper level are helping to discredit the struggle for equality between men and women;
Amendment 13 #
2017/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls forProposes the expression of a renewed commitment by Parliament, the Council and the Commission to gender equality between men and women in the next MFF, by means of a joint declaration attached to the MFF; calls for effective monitoring of the implementation of this declaration in the annual budgetary proceduressuggests that the EU institutions should use this declaration as an opportunity to clarify what they mean by ‘gender equality’ and what makes it different from equality between men and women; calls, if there is no difference between the two concepts, for the term ‘equality between men and women’ to be used instead;
Amendment 16 #
2017/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for gender equality between men and women to be explicitly mentioned in heading 3, ‘Security and citizenship’;
Amendment 1 #
2017/2044(BUD)
Draft opinion
Recital B
Recital B
B. whereas the European Parliament has repeatedly called for sufficient funding and keeping as high profile as possible for the Daphne specific objective of the Rights, Equality and Citizenship programmeshould set up a programme to assist families in the European Union that will promote the family values of unity and solidarity; whereas such a programme could also be extremely useful in providing all women and mothers in Europe with protection, and in bolstering unity among EU nations;
Amendment 5 #
2017/2044(BUD)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 8 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to increase resources for the Daphne specific objective in line with allocacut the number of pointless gender equality programmes and to promote family values by allocating a portions of the previous programming period and, with a view to preparing the next Multiannual Financial Framework, to have a separate budget line for this specific objectiveensuing savings to a policy that is genuinely family-oriented; points out that reallocation of resources in this way would enable greater esteem and better standing for the task of bringing up children, who are the future of our nations;
Amendment 11 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes note of the proposed small increase in budgetary allocations for the European Institute for Gender Equality (EIGE); sStresses that any future European observatory on femicide or violence against women shcould be created within the EIGE, so that its expertise and available resources can be efficiently and synergistically used; calls for its budget and staff establishment plan to be increased in order to fulfil this new tasksa worthwhile initiative in promoting respect for the dignity of women; points out nonetheless that in the current climate of economic austerity, an initiative of this kind cannot be a budgetary priority, and that more than anything else Member States have to be given the means to really combat violence against women.
Amendment 3 #
2017/2015(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 4 #
2017/2015(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 5 #
2017/2015(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 67 #
2017/2015(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU Member States’ current EU trade policy and itstheir ‘Trade for All’ strategy lack a gender equality perspective, as well as any binding obligations to enforce core women’s rights conventions such as the CEDAW; whereas the EU’s desire to defend human rights and the rights of the child is sometimes at odds with the dubious practices of some of the EU’s partner countries in areas such as child labour, the exploitation of women for surrogacy, or the limitation of women’s fundamental rights;
Amendment 84 #
2017/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the only area of gender equality in which DG Trade has demonstrated an interest so far – though it is an important one – is promoting female entrepreneurship;
Amendment 92 #
2017/2015(INI)
Motion for a resolution
Recital E
Recital E
Amendment 127 #
2017/2015(INI)
Motion for a resolution
Recital I
Recital I
I. whereas special attention must be given to the negative consequences of trade liberalisation as regards basic public services and goods, such as water and sanitation, education and healthcare; whereas any agreement with developing countries should include as one of its aims improving access to water, food, and health and education services;
Amendment 145 #
2017/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that fair and inclusive international trade policies that genuinely benefit both men and women require a clearer framework that aimings to enhance women’s livelihoods, strengthen gender equality, protect the environment, and promote social justice and international solidarity, while respecting the sovereignty of each partner state;
Amendment 165 #
2017/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that all international trade policies must be based on the relevant international standards and legal instruments, such as the CEDAW, the Beijing Platform for Action and the sustainable development goals (SDGs);
Amendment 174 #
2017/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to adopt gender-sensitive bindingensure the meaningful implementation of the Universal Declaration of Human Rights (UDHR) – which outlines in no uncertain terms what human rights aregulations on – ant international level to regulate; proposes that any transnational companiesy (TNCs) and other companiefailing to comply with one of the articles of the UDHR should be excluded from trade agreements; welcomes the UN Guiding Principles on Business and Human Rights and calls for their meaningful implementation;
Amendment 214 #
2017/2015(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that basic public services and goods, such as water and sanitation, education and healthcare (notably access to sexual and reproductive health and rights services), should be exempted from the opening up of public procurement and the trade liberalisation agenda, and that safeguards must be put in place to reinforce states’ capacities to provide basic services for all;
Amendment 222 #
2017/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for binding measuresthe meaningful implementation of the UDHR, and for investigations with a view to combating the exploitation of individuals and improveing working conditions for women in the export- oriented industries, in particular the garment and textile manufacturing and agriculture sectors where trade liberalisation has contributed to precarious labour rights and gender wage gaps; calls on the EU to suspend any trade agreement that would result in the violation of human rights, in particular in the areas of child labour and exploitation of women’s bodies in connection with surrogacy;
Amendment 247 #
2017/2015(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that binding instruments are needed in EU trade policy to ensure that decent work standardthe EU trade policy must guarantee decent working conditions, women’s rights, human rights principles and environmental protection ar; calls for these requirements to be at the core of all types of EU trade agreements and that EU trade policy is coherent with the Union’s overarching aims of sustainable development, poverty reduction and gender equality; calls for the suspension of all trade agreements with countries that permit child labour or surrogacy, which are clear violations of human rights and women’s rights;
Amendment 266 #
2017/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for all EU trade agreements concerning EU Member States to include binding clauses, in the form of a stand-alone article, that promote and protect human rights and women’s rights, and gender equality and gender mainstreaming, based on the Beijing Platform for Action and the SDGs, with an appropriate body appointed or an explicit mechanism in place to monitor compliance; calls on the EU to prioritise access to traceable consumer goods whose production does not involve child labour, indecent working conditions, or gender inequality; calls on the EU to pursue an environmental protection policy, which would entail reducing the distance between the place of production and the place of consumption;
Amendment 283 #
2017/2015(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 295 #
2017/2015(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the EU and the Member States to ensure that binding clauses on labour rights, based on the ILO Conventions, including Conventions No 189 on Domestic Workers and No 156 on Workers with Family Responsibilities, are included in trade agreements, and that social clauses in trade agreements also apply to informal work;
Amendment 316 #
2017/2015(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. CRecalls for EU legislation similar to UN binding due diligence obligations to ensure respect forthat each Member State is already a member of the UN on a sovereign basis, and is thus subject to its binding obligations, particularly on human rights, including women’s rights, and adequate social and environmental standards;
Amendment 327 #
2017/2015(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the EU andWould like to see the Member States to ensure inclusive participation in trade consultations, including women’s rights organisations, trade unions and civil society;
Amendment 6 #
2017/2012(INI)
Motion for a resolution
Citation 2
Citation 2
Amendment 30 #
2017/2012(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the original Gender Action Plan I (2010- 2015) brought some progress, it also contained a number of gaps : narrow scope, a weak understanding of the gender equality framework by the EU delegations, a lack of commitment among the EU leadership and a lack of institutional architecture and incentives to motivate staff;
Amendment 82 #
2017/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Positively notes the practical steps towards culture change: placing the overall responsibility for reporting on the GAP lying with the head of delegation, and involvingan increased number of high- level staff involved in the implementation of the GAP II and the appointment of an increasing number of gender champions and gender focal points in EU delegations; calls for more management level time to be dedicated to gender and for the remaining delegations to appoint their gender focal points. All gender focal points should be given sufficient time and capacity to carry out their tasks;
Amendment 89 #
2017/2012(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the increased number of actions with a gender dimension (G1 & G2 markers), and the requirement for delegations to justify projects with no gender dimension; underscores that overall increases in such projects should not come at the expense of specific gender targeted projects (G2 marker), recommends therefore a specific target for G2 projects;
Amendment 111 #
2017/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for strengthening human resource capacity dedicated to gender mainstreaming within the Commission services through tailored training and rearrangement of the existing structures; suggests that increased staff training as well as a gender focal point per unit and a gender coordination group across units in DG DEVCO, DG NEAR and the EEAS wonsiders that more awareness- raising among staff could better help to mainstream gender across the external policy units;
Amendment 122 #
2017/2012(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the link between trade and gender is not sufficiently addressed in the GAP II; recalls in this respect that negotiation of trade agreements could be used as an effective tool for advancing equality between women and men and calls for all EU trade agreements to include references to women’s rights and gender equalityPoints out that the negotiation of certain trade agreements, which may lend themselves to such a purpose, could be used as an effective tool for advancing equality between women and men;
Amendment 133 #
2017/2012(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 186 #
2017/2012(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that women’s rights are human rights and encourages further work to be undertaken with regards to addressing social norms and gender stereotypes in societies through greater and men have equal rights and that, bearing this in mind, anything impinging on those rights should be deplored and condemned; points out that awareness raising about threats to women’s rights in the EU can be carried out in cooperation with civil society, and grass -roots organisations advocating women’s rights, creating new or developing existing networks, and involvement of the private sector, if possible; notes that girls and women are agents of change and that inclusion of boys and men is necessary to ensure real equality between women and men;
Amendment 203 #
2017/2012(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages European Parliament delegations in their work with their partner countries to enquire systematically, if necessary, about gender programming and work on promoting gender equality as well as women’s empowerment;
Amendment 19 #
2017/2003(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas these upheavals have a considerable and sometimes very negative impact on employment, despite the opportunities that this sector of the economy may bring;
Amendment 21 #
2017/2003(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the collaborative economy is developing in a context of organised economic deregulation, in which many sectors are already having to deal with fierce unfair competition and overall levels of prices have been rising constantly over the past two decades; whereas since they have already been significantly weakened by the absence of intelligent protectionism, many sectors are unable to adapt rapidly to the emergence of this new digital competition;
Amendment 26 #
2017/2003(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the advent of the collaborative economy poses a considerable challenge in safeguarding the digital sovereignty of our continent, strategic data and the digital and industrial independence of the Member States against Silicon Valley and asks crucial questions concerning the automatic transfer of personal data to American super computers;
Amendment 106 #
2017/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for disadvantaged people and communities;
Amendment 124 #
2017/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, while a large part of the nascent collaborative economy remains unregulated, significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk of fragmentation of the Single Market;
Amendment 134 #
2017/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 158 #
2017/2003(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 244 #
2017/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 252 #
2017/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 259 #
2017/2003(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the Commission to foster a level playing field for competition among collaborative platforms; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups; underlines in this context the need for free flow of data, data portability and interoperability, which facilitate switching between platforms and prevent lock-in, and which are key factors for open and fair competition and empowering users of collaborative platforms;
Amendment 335 #
2017/2003(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Believes that there is ample room for manoeuvre for national, regional and local authorities to adopt context-specific regulations in order to address clearly identified public interest objectives with proportionate measures fully in line with EU legislation; calls on the Commission therefore to support the Member States in their policy-making and in adopting rules consistent with EU law;
Amendment 4 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission proposals for actions purportedly seeking to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications and the social dimension;
Amendment 14 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 28 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 4 #
2017/2001(INI)
Proposal for a recommendation
Recital A
Recital A
A. whereas equality between women and men is a fundamental principle of the member states and EU, enshrined in the Treaty on European Union, and one of its objectives and tasks, and whereas the EU is also guided by this principle in its external action as both dimensions should be coordinated;
Amendment 6 #
2017/2001(INI)
Proposal for a recommendation
Recital B
Recital B
B. whereas gender equality between women and men is not only a fundamental human right, but a prelso a condition for advancing development and reducing poverty and a necessary foundation for a peaceful, prosperous and sustainable worldto prevent a potential step back of the right of the women in the EU;
Amendment 8 #
2017/2001(INI)
Proposal for a recommendation
Recital C
Recital C
C. whereas the fifth Sustainable Development Goal is to achieve gender equality between men and women and to empower all women and girls worldwide; whereas empowering women means enabling women to gain more power and control over their lives;
Amendment 16 #
2017/2001(INI)
Proposal for a recommendation
Recital F
Recital F
F. whereas the EUmember states plays an important role in fostering the empowerment of women and girls, within the EU as well as worldwide, by political and financial meansquality between men and women;
Amendment 31 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (e)
Paragraph 1 (e)
1 (e). Ensure universal access to sexual and reproductive health care and reproductive rightshealth care, as agreed in the Programme of Action of the International Conference on Population and Development, the Beijing Platform for Action and the outcome documents of the review conferences thereof;
Amendment 48 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (j)
Paragraph 1 (j)
Amendment 54 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (n)
Paragraph 1 (n)
1 (n). Protect civil and political rights and support ensuring gender balancethe balance between men and women in decision-making at all levels, without the introduction of quotas, including political decision-making, economic policy and programs, business or academia;
Amendment 69 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (t)
Paragraph 1 (t)
1 (t). Emphasise the right of migrant women workers, especially migrant domestic workers, to decent working conditions;
Amendment 78 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (u)
Paragraph 1 (u)
1 (u). Mobilise the resources required to realise women’s economic rights and reduce gender inequality between men and women, including through the use of the existing instruments at EU and Member State level;
Amendment 82 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (v)
Paragraph 1 (v)
1 (v). Ensure the full involvement of Parliament and its Committee on Women’s Rights and Gender Equality in the decision-making process regarding the EU’s position at the 61st session of the UN Commission on the Status of Women;
Amendment 43 #
2017/0228(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Data value chains are built on different data activities: data creation and collection; data aggregation and organisation; data storage and processing; data analysis, marketing and distribution; use and re-use of data. The effective and efficient functioning of data storage and other processing is a fundamental building block in any data value chain. However, such effective and efficient functioning and the development of the data economy in the Union are hampered, in particular, by two types of obstacles to data mobility and to the internal market.
Amendment 48 #
2017/0228(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The freedom of establishment and the freedom to provide services authorised under the Treaty on the Functioning of the European Union apply to data storage or other processing services. However, tThe provision of those services is hampered or sometimes preventcan, however, be hampered by certain national requirements to locate data in a specific territory.
Amendment 54 #
2017/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Such obstacleexceptions to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of Member States to locate data in a specific geographical area or territory for the purpose of storage or other processing. Other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the Union, such as requirements to use technological facilities that are certified or approved within a specific Member State. Legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements furthercan limits the choices available to market players and to the public sector regarding the location of data storage or other processing.
Amendment 55 #
2017/0228(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) At the same time, data mobility in the Union iscan also be inhibited by non-mandatory private restrictions: legal, contractual and technical issues hindering or preventing users of data storage or other processing services from porting their data from one service provider to another or back to their own IT systems, not least upon termination of their contract with a service provider.
Amendment 57 #
2017/0228(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) For reasons of legal certainty and the need for a level playing field within the Union, a single set of rules for all market participants is a key element for the functioning of the internal market. In order to remove obstacles to trade and distortions of competition resulting from divergences between national laws and to prevent the emergence of further likely obstacles to trade and significant distortions of competition, it is therefore necessary to adopt uniform rules applicable in all Member States.
Amendment 69 #
2017/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 86 #
2017/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 96 #
2017/0228(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 99 #
2017/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 76 #
2017/0225(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order for the Agency to function properly and effectively, the Commission and the Member States should ensure that persons to be appointed to the Management Board have appropriate professional expertise and experience in functional areas. The Commission and the Member States should also make efforts to limit the turnover of their respective Representatives on the Management Board in order to ensure continuity in its work.
Amendment 78 #
2017/0225(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The smooth functioning of the Agency requires that its Executive Director be appointed on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for cybersecurity, and that the duties of the Executive Director be carried out with complete independence. The Executive Director should prepare a proposal for the Agency’s work programme, after prior consultation with the Commission, and take all necessary steps to ensure the proper execution of the work programme of the Agency. The Executive Director should prepare an annual report to be submitted to the Management Board, draw up a draft statement of estimates of revenue and expenditure for the Agency, and implement the budget. Furthermore, the Executive Director should have the option of setting up ad hoc Working Groups to address specific matters, in particular of a scientific, technical, legal or socioeconomic nature. The Executive Director should ensure that the ad hoc Working Groups’ members are selected according to the highest standards of expertise, taking due account of a representative balance, as appropriate according to the specific issues in question, between the public administrations of the Member States, the Union institutions and the private sector, including industry, users, and academic experts in network and information security.
Amendment 95 #
2017/0225(COD)
(53) The Commission should be empowered to adoptMember States will notify the Commission of their decisions on European cybersecurity certification schemes concerning specific groups of ICT products and services. These schemes should be implemented and supervised by national certification supervisory authorities and certificates issued within these schemes should be valid and recognised throughout the Union. Certification schemes operated by the industry or other private organisations should fall outside the scope of the Regulation. However, the bodies operating such schemes may propose to the Commission to consider such schemes as a basis for approving them as a European scheme.
Amendment 107 #
2017/0225(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Commission should be empowered to request ENISA to prepare candidate schemes for specific ICT products or services. The Commission, based on the candidate scheme proposed by ENISA, shwould then be empowered to adopt the European cybersecurity certification scheme by means of implementing acts only after obtaining Member States’ consent. Taking account of the general purpose and security objectives identified in this Regulation, European cybersecurity certification schemes adopted by the Commission should specify a minimum set of elements concerning the subject-matter, the scope and functioning of the individual scheme. These should include among others the scope and object of the cybersecurity certification, including the categories of ICT products and services covered, the detailed specification of the cybersecurity requirements, for example by reference to standards or technical specifications, the specific evaluation criteria and evaluation methods, as well as the intended level of assurance: basic, substantial and/or high.
Amendment 228 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Following a request from the Commission, ENISAMember States or the European Cybersecurity Certification Group (the 'Group') shall prepare a candidate European cybersecurity certification scheme which meets the requirements laid down by Member States that are set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the 'Group') established under Article 53 may propose the preparation of a candidate European cybersecurity certification scheme to the Commission.
Amendment 242 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 244 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. The certification framework shall benefit from the expertise of Member States with a major track record as regards these strategic issues, with the backing of industries that have acquired significant experience in the area.
Amendment 249 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. ENISA shall transmit the candidate European cybersecurity certification scheme preparedultimately adopted by Member States in accordance with paragraph 2 of this Article to the Commission.
Amendment 253 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The Commission, based on the candidate scheme proposed by ENISA, mayertification scheme transmitted by ENISA and adopted by Member States, may then adopt implementing acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT products and services meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 396 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1a. The national authorities responsible for cybersecurity certification may be in a position to issue high-level certificates;
Amendment 397 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 406 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. The Member States remain free to set additional certification requirements where they enable strategic content or activities that fall entirely under their sovereign powers to be secured.
Amendment 426 #
2017/0225(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The conformity assessment bodies shall be accredited by the national accreditation body named pursuant to Regulation (EC) No 765/2008 only when they meet the requirements set out in the Annex to this Regulation.;
Amendment 436 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point d
Article 53 – paragraph 3 – point d
(d) to adopt opinrecommendations addressed to the Commission relating to the maintenance and review of existing European cybersecurity certifications schemes;
Amendment 439 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
Amendment 57 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union'sbilities of the defence industry in Europe, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry in Europe inter alia cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry in Europe. By supporting the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 TFEU and it does not cover the production of defence products and technologies.
Amendment 70 #
2017/0125(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 72 #
2017/0125(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of the specificities of the sector, in practice no collaborative project between European undertakings will be launched if the Member States have not first agreed to support such projects. After having defined common defence capability priorities at Union-level and also taking into account where appropriate collaborative initiatives on a regional basis, Member States identify and consolidate military requirements and definellaborative initiatives, Member States specify the technical specifications of the project. They may also appoint a project manager in charge of leading the work related to the development of a collaborative project.
Amendment 81 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Union financial support shouldmust not affect the export of products, equipment or technologies, and it should not affect the discretion of Member States regarding policy on the export of defence related products. The Union financial support shouldmust not affect Member States' export policies on defence related products.
Amendment 88 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitiveness of the Union defence industry in the Union by de- risking the development phase of cooperative projects, actions related to the development of a defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 102 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry in the European Union, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 113 #
2017/0125(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry in the Union should take place in a manner coherent with the security interests of the Union. Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, and serving the Union security and defence interest, may also be taken into account.
Amendment 132 #
2017/0125(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should establish a multiannual work programme in line with the objectives of the Programme. The Commission should be assisted in the establishment of the work programme by a committee of the Member States (hereinafter referred to as Programme Committee). In light of the Union policy on Small and Medium Enterprises (SMEs) as key to ensuring economic growth, innovation, job creation, and social integration in the Union and the fact that the supported actions will typically require trans-national collaboration, it is of importance that the work programme will reflect and enable such cross-border participation of SMEs and that therefore a proportion of the overall budget will benefit such action.
Amendment 135 #
2017/0125(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 140 #
2017/0125(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The independent experts involved in the evaluation of the proposals received by the Commission under this programme should be investigated for possible conflicts of interest or risks relating to confidentiality; the results of these investigations must be made known to applicants for funding.
Amendment 154 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and innovation capacity of the Union defence industry in the European Union by supporting actions in their development phase;
Amendment 170 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The funds making up the financial envelope referred to in Article 3 (1) cannot come from financial margins generated by other European programmes, such as Galileo, but only from the margins of the 2014-2018 multiannual financial framework.
Amendment 209 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 750% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, administrative services, in actions funded under the Programme shall not be located on the territory of non- Member States during the entire duration of the action.
Amendment 255 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The work programme shall ensure that a credible proportionmajority of the overall budget will benefit actions enabling the cross-border participation of SMEs.
Amendment 260 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency shall be invited as observer.
Amendment 56 #
Amendment 131 #
Amendment 132 #
2017/0086(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 143 #
2017/0086(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 146 #
2017/0086(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 167 #
2017/0086(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 169 #
2017/0086(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 179 #
2017/0086(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 181 #
2017/0086(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 206 #
2017/0086(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 259 #
2017/0086(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 270 #
Amendment 294 #
2017/0086(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 341 #
2017/0086(COD)
Proposal for a regulation
Article 32
Article 32
Article 32 deleted The Internal Market Information System 1. System established by Regulation (EU) No 1024/2012 shall be used for the purposes of Article 11(4). 2. The Commission may decide to use IMI as an electronic repository of links as provided for in Article 16(1).
Amendment 2 #
2016/2329(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 3 #
2016/2329(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 14 #
2016/2329(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the lack of provision of appropriate protection of a human being against gender-based violencewomen against violence to which they may be subjected has a detrimental effect on society as a whole;
Amendment 18 #
2016/2329(INI)
Motion for a resolution
Recital D
Recital D
D. whereas one of the most important security aspects of every society is the protection of the personal integrity and freedom of every individual; whereas the European Agenda on Security does not include the safeguarding of personal safety and the protection of all individuals from gender-based violence, especially women, from violence to which they may be subjected as a priority;
Amendment 25 #
2016/2329(INI)
Motion for a resolution
Recital F
Recital F
F. whereas gender equality in all areas is a fundamental aspect of combating gender-based violence;violence against women1 a; _________________ 1a applies to the rest of the report
Amendment 26 #
2016/2329(INI)
Motion for a resolution
Recital G
Recital G
Amendment 35 #
2016/2329(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, in order to reduce the estimated number of unreported cases of violence, Member States must put in place and reinforce instruments of protection for women to feel safe and to be able to report gender-based violenceviolence that they have suffered;
Amendment 42 #
2016/2329(INI)
Motion for a resolution
Recital I
Recital I
I. whereas awareness-raising campaigns and sensitisation programmes to combat the trivialisation of domestic and gender-based violenceviolence and violence against women would contribute to an increase in the willingness of victims to report abuse and request national and European protection orders (EPOs) as well as building up their trust in the relevant authorities;
Amendment 44 #
2016/2329(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in 2010, when the EPO was proposed by the European Council, 118 000 women residing in the EU were covered by protection measures related to gender-based violenceviolence against women; whereas in 2011, it was estimated that an average of 1 180 individuals would need continuous cross- border protection measures in the EU;
Amendment 56 #
2016/2329(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to clearly condemn gender-based violenceviolence committed against women;
Amendment 61 #
2016/2329(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that, since the transposition of the EPO Directive, only seven EPOs have been issued by the Member States, although thousands of national protection orders have been requested and issued in the Member States in recent years20; _________________ 20 The EPRS’s study on the ‘European Protection Order Directive 2011/99/EU – European Implementation Assessment’ reports that ‘it has been estimated that in 2010 over 100 000 women residing in the EU were covered by protection measures related to gender-based violence’.
Amendment 65 #
2016/2329(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores that the Commission did not submit a report to Parliament and Council on the application of the EPO Directive by 11 January 2016; calls onorders the Commission to meet its reporting obligations as set out in the directive;
Amendment 69 #
2016/2329(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RecCalls the obligation foron the executing state to recognise the EPO with the same priority as the issuing state in spite of the various complexities and legal challenges involved;
Amendment 72 #
2016/2329(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned that there is a significant gap between coordination and communication among the Member States when an EPO is executed; calls on the Member States to improve and jointly enhance cooperation and communication in relation to the EPO as this would set in motion much more efficient procedures and simultaneous cross-border action among the Member Statesstep up their cooperation in this area;
Amendment 82 #
2016/2329(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to set up a European Registry System to collect information on EPOs from all Member Staincluded on National Registry Systems;
Amendment 85 #
2016/2329(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to publish the full list of competent authorities responsible for issuing and recognising EPOs and of central authorities transmitting and receiving EPOs in the Member States, and to make the list easily accessible to enable protected persons and victim support organisations to request EPOs or to settle related issues; calls on the Member States to strengthen their national and local institutions and competent authorities to enhance the accessibility and applicability of the EPO in a manner conducive to EPOs being issued;
Amendment 102 #
2016/2329(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 107 #
2016/2329(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. UnderlinesCalls on the Member States to do their utmost to ensure that translation and interpretation services need to bare available and free of charge for victims when a cross- border instrument in criminal matters such as the EPO is being executed;
Amendment 112 #
2016/2329(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores the shortage of special measures implemented by thsome Member States for victims in vulnerable situations or victims with specific needs; calls, therefore, on the Member States to adopt special guidelines and measures that will facilitate the EPO for victims in vulnerable situations or victims with specific needs;
Amendment 117 #
2016/2329(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and the Member States to fix a clearset a precise and short timeframdeadline for the competent authorities of the Member States when issuing EPOs in order to avoid increasing the uncertainty of protected persons, and, for the sake of achieving the same goal, to instruct the competent authorities to provide sufficient information to the victims during the process of taking a decision on their EPO requestto issue European Protection Orders;
Amendment 124 #
2016/2329(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 132 #
2016/2329(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 134 #
2016/2329(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 137 #
2016/2329(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 140 #
2016/2329(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 144 #
2016/2329(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 149 #
2016/2329(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 154 #
2016/2329(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 160 #
2016/2329(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to launch long-term awareness-raising and intersectional sensitising campaigns on both gendersex-based violence and the available instruments of protection with the involvement of relevant NGOs;
Amendment 162 #
2016/2329(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 165 #
2016/2329(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 167 #
2016/2329(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 173 #
2016/2329(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 176 #
2016/2329(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 177 #
2016/2329(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 180 #
2016/2329(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 9 #
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, and whereas the ability to exercise control over these technologies is fundamental to safeguarding the sovereignty, independence and freedom of peoples;
Amendment 12 #
2016/2276(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas digital sovereignty is vital if Europe is to be technologically and economically independent and its citizens are to be protected against the pillaging of their data by the foreign champions of the digital industry, whether Asian or North American;
Amendment 17 #
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 given rise to new security, economic and social risks;
Amendment 61 #
2016/2276(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that, although Europe still has major firms active in the hardware and software sectors, those firms need colossal amounts of funds if they are to invest and remain competitive internationally; points out, by way of an example, that constructing a plant to manufacture microprocessors less than 20 nanometres in size costs several billion euros; regards it as vital to the independence of European States that such manufacturing should continue in Europe, through STMicroelectronics, and that the manufacturing of industrial software should continue in Europe, through SAP and Dassault systems, so that the EU retains expertise in this sector;
Amendment 62 #
2016/2276(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that investment in technologies developed and manufactured in Europe by European firms and not by subsidiaries of US or Asian oligopolies, is vital to the development of independent European platforms which guarantee States and citizens the highest possible degree of data security by preventing the use of 'back doors' and spy ware linked to the implementation of the Patriot Act or Chinese security legislation (in particular Article 25 of the law on national security of the People's Republic of China);
Amendment 123 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that platforms will be able to develop their full potential only in the context of a policy of digital sovereignty;
Amendment 124 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that, in the context of the development of the collection and processing of big data, the raw material for platforms at global level, Europe can only be independent if it requires data to be kept in Europe, stored by bona fide European actors, and not by subsidiaries of major concerns which are subject to foreign laws, and processed by bona fide European actors;
Amendment 125 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Emphasises that the data economy needs to be completely reorganised around the principle that items of data belong to the party who issues them, who receives fair remuneration for them and who is involved in their management;
Amendment 6 #
2016/2273(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the full potentialmarginal benefits of a digital public administration can only be achieved if citizens and businesses can fully trust the services offeredbe increased if, after critical appraisal of the services offered, citizens and businesses consider them appropriate;
Amendment 9 #
2016/2273(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the e-Government Action Plan 2016-2020 with its dynamic structure, and calls on the Commission and the Member States to ensure its rapid and effective implementation, making public administrations fit for the futurebut rejects those aspects of it that tend towards the centralisation of information;
Amendment 14 #
2016/2273(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to take up the suggestions in the eGovernment Action Plan for enabling young people, in particular, to deal with administrative bodies in ways that reflect their communication habits in other areas of their lives;
Amendment 15 #
2016/2273(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is of the opinion that public administrations should be open, and efficient and inclusive, providing borderless,, providing personalised, user- friendly and end-to-end digital public services to citizens and businesses by 2022, thereby reducing costs, barriers and administrative burdens for citizens and businesses and thus reaping all the benefits of the digital revolution;
Amendment 20 #
2016/2273(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Supports the intention thatCalls for critical consideration to be given to whether future initiatives should be based on the ‘digital by default’ principle, and stresses the importance of the once-only principle, which will make which, on the one hand, means that barriers of distance can be eliminateraction with public administrations easd, and, on the other, erects new barriers for those citizens and businesses by avoiding unnecessary and time-consuming multiple administrative processeswho are insecure or mistrustful in the digital world;
Amendment 23 #
2016/2273(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for a critical review of the once-only principle: on the one hand, it facilitates citizens’ and businesses’ interaction with public administrations by avoiding unnecessary and time- consuming multiple administrative processes, while, on the other, it requires public administrations to be networked, making it easier for them to take coordinated action and thus potentially placing individual citizens in a weaker position;
Amendment 25 #
2016/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomeRejects the idea of a single contact point which would allow citizens as well as businesses to obtain an overview of all relevant information through one single gateway: the central pooling of information and of public administrations implies an intensification of authority which requires prior political approval and cannot be introduced through the back door of digitalisation;
Amendment 32 #
2016/2273(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the importance of inclusiveness andthe accessibility of eGovernment services, and therefore calls on the Member States to fully implement and apply the new directive on the accessibility of websites and mobile applications of public sector bodies;
Amendment 34 #
2016/2273(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance ofVoices its misgivings about a possible clash between ‘Open Data’, whereby certain public-sector information is freely available for use and reuse within and between public administrations, and reiterates that sharing data openly and inclusively would allow the further development and creation of new innovative solutions, boosting efficiency as well as transparencythe principle of data protection; reiterates that see-through government is about promoting the transparency of public administrations’ data only, and not of citizens’ data;
Amendment 48 #
2016/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that interoperability and standardisation are among theis a 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;
Amendment 50 #
2016/2273(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. 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 continuereview the adequate funding of broadband expansion, and 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;
Amendment 54 #
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 citizens and businesses, by developing and supporting training activities at national, regional and local level in order to minimise the risk of digital exclusionoverload;
Amendment 87 #
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 should handle personal data securely in line with the relevant national laws, the General Data Protection Regulation (GDPR) and the EU Rules on Privacy, thereby boosting trust in digital servicesso that important civil rights are not infringed;
Amendment 90 #
2016/2273(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, at the same time, data protection legislation should not be conceived as an obstacle but should, rather, be seen as a starting-point for the development of innovativebe seen as both delimiting and affording scope for eGovernment solutions, and therefore stresses the need for effective guidance on the application of the GDPR, as well as for a continuous exchange with stakeholders;
Amendment 1 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of 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 2020through suitable economic protectionism measures; underlines the important role that digitalisation can play in this context and the urgent need to establish an ambitious EU strategy for Member State cooperation;
Amendment 17 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need for policies on adequate investment in the Member States in research and innovation, infrastructures, cybersecurity and digital skills;
Amendment 28 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to accelerate an effective plan for standardisation and to ensure full interoperability in the digital domain; calls on the Commission to promoreiterates the development of open standards in all key domains, and welcomes its intention to guarantee access to standard essential patents under FRAND (fair, reasonable and non- discriminatory) conditions; reminds the Commission of the need toimportance of Member States considering social and environmental aspects in the development of standards, and to ensureing adequate participation of social partners and stakeholders;
Amendment 4 #
2016/2244(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in its resolution of 11 December 2013, Parliament welcomed franchising as a business model, which supports new business and small-business ownership, but noted the existence of unfair contract terms in certain cases and called for transparent and fair contracts; moreover, it drew the attention of the Commission and boosts growth and Member States, in particular, to problems faced by franchisees wishing to sell their business or change their business formula, whilst remaining actiployment at national level ins the same sector and requested that the Commission examine the ban on price-fixing mechanisms in franchise systems and the effects of long- term competition clauses, purchase options and the prohibition of multi- franchising, and to reconsider in this respect the current exemption from competition rules for contracting parties having a market share of less than 30 %o be welcomed; whereas the franchisor and franchisee engage in a relationship of mutual trust in the strict interests of both parties;
Amendment 8 #
2016/2244(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the unfavourable economic conditions in the eurozone and the emergence of unfair competition within the single market itself are generating chronic market instability which acts as a disincentive to investment and the establishment of long-term cooperation between parties;
Amendment 9 #
2016/2244(INI)
Motion for a resolution
Recital C
Recital C
C. whereas franchising has the potential of being a business model that can help in completing the single market in the retail sector, 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 Statesis a business model which contributes to growth in the retail sector in the Member States, but has not yet reached its full potential;
Amendment 15 #
2016/2244(INI)
Motion for a resolution
Recital D
Recital D
D. whereas existing legislation covering franchising as a business model varies widelyunderstandably varies between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practices;
Amendment 22 #
2016/2244(INI)
Motion for a resolution
Recital F
Recital F
Amendment 28 #
2016/2244(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the context of the realisation of the digital single market specific attention should be paid to the tensions which have arisen between franchisors and franchisees with respect to e-commerce and the sharing of consumer data, since currently franchise agreements do not contain provisions on these subjects and thus lead to unnecessary uncertainty and conflicts;
Amendment 36 #
2016/2244(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that for the completion of the single marketranchising 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;
Amendment 42 #
2016/2244(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. EmphasiStresses that the franchisees are often the weaker contracting party, as formula is developed by the franchisor and franchisees directly benefit from it; stresses, further, that the fbranchise formula has normally been developed by the franchisor and franchisees tend to bd's chances of commercial success depend on a detailed contractual commitment and a high level of trust between the parties; takes the view that franchisees are highly dependent on the finrancially weaker and less well-inforhisor's expertise, and that, at the samed thanime, the franchisor and therefore heavily dependent on the expertise of the franchisorhas to be able to count on the franchisee's commercial effectiveness and economic stability and has no interest in creating businesses with an uncertain future;
Amendment 55 #
2016/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StaNotes 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 are under- represented;
Amendment 61 #
2016/2244(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 69 #
2016/2244(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to actively examine the functioning of franchising in the retail sector, and, in particular, the existence of unfair contract terms or other unfair trading practices, and to request Eurostat to devote special attention to this model when collecting statistical information on the sectorstresses that unfair contract terms or other unfair trading practices exist within the single market;
Amendment 74 #
2016/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the European Code of Ethics for Franchising, developed by the European Franchise Federation, but also notes that the Code has been unilaterally drawn up by franchisors and has met with fundamental criticism from franchisees pointing, inter alia, to the fact that the code preceding the 2016 revision of the Code was worded more strongly in respect of the commitments of the franchisor;.
Amendment 82 #
2016/2244(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern withWelcomes the lack of an additional independent enforcement mechanism accompanying the European Code of Ethics and recalls that in somthe Member States this lack of independent enforcement prompted the introducdo not need European legislative texts to establish their own adapted, made-to- measure and proportion ofate legislation to effectively preventing and addressing unfair trading practices in franchising;
Amendment 90 #
2016/2244(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 111 #
2016/2244(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 116 #
2016/2244(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that non-competition clauses should beare generally clearly formulated, reasonable and proportionate and should not apply for a longer duration than what is strictly necessary, considering, in particular, the potential need for franchisees to change their franchise formula, if their neighbourhood and therefore the demand for products or services changes;
Amendment 26 #
2016/2243(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the lack of a common European online banking payments system; believes that this is essential for the well-functioning of the Capital Markets Union, and a crucial part of the Digital Single Market, fostering EuropeanBelieves that cash money is essential for a free society. Therefore online banking, e-commerce and cross- border competition in financial services; calls on the Commission to identify the steps ahead towards creating an environment supportive to the growth of such a system must never be used as a pretext to restrict or abolish cash payment;
Amendment 16 #
2016/2221(INI)
Draft opinion
Recital C
Recital C
C. whereas women suffer particular discrimination in relation to access to the labour market, with substantially lower wages for the same work and more uncertain and precarious employment ties; whereas maternity represents an unacceptable form of discrimination against women in relation to accessing and remaining in the labour market; whereas it would be desirable to improve the status of the work done by mothers and fathers within the family unit; whereas this would also make it possible to pursue genuine birth-rate policies in Europe;
Amendment 37 #
2016/2221(INI)
Draft opinion
Recital D
Recital D
D. whereas the EU’s macro-economic and austerity policies have resulted in increasing levels of poverty and inequality, particularly affecting women, and whereas these policies act as a brake on a birth- rate policy which could present a long- term solution to the crisis which Europe is facing both economically and on the labour market, preserving us from a dangerous and uncontrolled migration policy;
Amendment 6 #
2016/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the rapporteur’s rejection of the Commission’s European Cloud Initiative, as it forms part of the implementation of the Digital Single Market (DSM) Strategy and the Digitis, which will result in the dismantling of European Industry Package, thus fostering the growth of the European digital economy and contributing to its’s hardware and software industries and in them being left at the mercy of North American and Asian oligopolies and thus being downgraded on the global market positioning;
Amendment 18 #
2016/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. SupportsDisapproves of 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 Marketsupports Member States which have introduced data localisation requirements; stresses that diversity makes the overall system more resilient, thus ensuring the security of strategic and personal data;
Amendment 28 #
2016/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 39 #
2016/2145(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the CommissionMember States to identify best certification schemes and commonly used standards for data sharing across Member States, to lay out a market- driven pan-European, to lay out a set of standards that can facilitatinge data sharing, and to prefer closed standards to open and global standards over proprietary standards whenever justified;
Amendment 46 #
2016/2145(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 73 #
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 European SMEs and consumers at European, national, regional and local levels.
Amendment 2 #
2016/2144(INI)
Amendment 18 #
2016/2144(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Joint Declaration of the European Parliament, the European Commission and the European Council calls for the annual budgetary procedures applied for the MFF 2014-2020 to integrate, as appropriate, gender-responsive elements, taking into account the ways in which the overall financial framework of the Union contributes to increased gender equality and ensures gender mainstreaming;
Amendment 33 #
2016/2144(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 147 #
2016/2144(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Draws attention to the three mainstreamingNotes that one of the objectives under this programme, namely: is to foster equal opportunities and gender balance in project teams; to ensure gender balance in decision-making; and to integrate a gender dimension infor men and women in the field of research content;
Amendment 166 #
2016/2144(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls for the maintenance of an independent line of funding for gender- specific structural change projects (such as GERI for 2014-2016), as well as of otherreasonable funding for projects relating to gender equality topics in research and innovation;
Amendment 187 #
2016/2144(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 197 #
2016/2144(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises that there are other funds, such as the Internal Security Fund, special financial instruments like the Emergency Support Instrument. and other ad hoc instruments and grants, that have been mobilised to address needs in the context of the present refugeemigrant crisis; points out the difficulty in monitoring the use of these funds, in particular from a gender perspective, and calls for the use of EU funding in this area to be coordinated, effective, transparent and gender- sensitiveat it is impossible to continue with this multi-fund policy due to the excessively high number of migrants and the lack of economic resources in the Member States;
Amendment 201 #
2016/2144(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for specific funding to support targeted measures involving grassroots organisations for ensuring that the basic rights, safety and security of refugee and migrant women and girls are protectedwomen and girls in the Member States are protected, in particular those who are victims of trafficking and sexual assaults;
Amendment 206 #
2016/2144(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 225 #
2016/2144(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Looks upon the EU-level funding of EUR 6.17 billion allocated in the current MFF to achieving the objectives of gender- strategic engagement as a first step, and asks for an increase in this amount in the next MFFsubstantial sum given the capacities of the Member States;
Amendment 231 #
2016/2144(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 239 #
2016/2144(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 15 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field in the digital single market; calls on the Commission to pursue a policy of active, effective and accelerated enforcement of the competition rules, in particular in the online search 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;
Amendment 34 #
2016/2100(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for active monitoring of all possible competition issues related to geo- blocking and other restrictions on online sales; welcomes the ongoing e-commerce sector enquiry, which should be conducted thoroughly and brought to an expeditious close and which may provide useful input for other actions within the digital single market strategy, and respect for Member States’ powers in the cultural field, in connection with geo-blocking and other legitimate restrictions on online sales;
Amendment 44 #
2016/2100(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 3 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, having been fully operational for less than a year, the European Fund for Strategic Investments (EFSI) has kicked off successfully, delivering some initialnot started to deliver any concrete results and is not acting as a positive instrument to overcome the lack of investment in Europe through coordinated action; stresses, however, that the pace needs to be accelerated and its initial results need to improve significantly in the near future in order for the instrument to achieve its objectives fully;
Amendment 14 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UrgDeclares that EFSI does not ensure greater additionality for its projects in relation to normal EIB activities; underlines the fact that EFSI should support strategic investments related to projects that cannot obtain funding because of market failures, suboptimal investment situations or high levels of risk; recalls, furthermore, that when determining the criteria for use of the EU guarantee, EFSI should consider not only the profitability factor, but also the positive effects in terms of growth, job creation and cohesion;
Amendment 21 #
2016/2064(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, while the SMEs window of the EFSI represented a good opportunity for start-ups, SMEs and mid- caps, there is a lack of big investment for SMEs; emphasises, therefore, the need to improve the financing of infrastructure and innovation projects;
Amendment 46 #
2016/2064(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 58 #
2016/2064(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. WelcomeRegrets the recent Commission proposal to extend EFSI beyond 2018 and to reinforce it in order to overcome the current investment gap in Europe and continue to mobilise private sector capital, these being crucial steps to ensure; believes that EFSI does not ensure improvements in sustainable growth, competitiveness, quality job creation and social and territorial cohesion in Europe.
Amendment 2 #
2016/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that a well-functioning internal market can only positively contribute to the objectives of the Common Security and Defence Policy (CSDP)is certainly not a common solution for security problems faced by the EU;
Amendment 13 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the current geopolitical environment and the situation in Europe call for the Union to assume greater responsibilities in the fields of both external and internal security and to pursue more ambitious goals such as a European Army, and welcomes the European Council’s conclusions of June 2015 asking for further development of both civilisuch as border controls by the member states and and military capabilities and the strengthening of Europe’s defence industry efficient fight against Islamic terrorism;
Amendment 48 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the new CSDP provides greater flexibility, for example through strongermust be in accordance with the constitutional laws of the member states in which a NATO membership should be excluded; suggest that a Member State cooperation within a ‘permanent structured cooperation’ framework should take place, which could take various forms, including joint development and procurement; calls for the creation of a structure for thean efficient exchange of information on terrorism and cybersecurity between the Member states;
Amendment 56 #
2016/2052(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that stimulating technological developments in Europe is vital in order to satisfy the upcoming needs of European armed forces, as is fos should be determing a more integrated internal market through the development of joint cooperative programmes, under which the Joint Research Ceed, as the political goal of a common EU Army would be treat as an integration in the NATO pact, which is not in the intere could aggregate dual-use technology efforts across the EUst of some member state as it would include serious violation of some member states constitutions;
Amendment 84 #
2016/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 13 #
2016/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges that VCs could present risks in relation to criminal activities such as money laundering and tax fraud; notes, however that there is littconsiderable evidence that VCs havare beening widely used as a payment vehicle for criminal and illegal activity;
Amendment 20 #
2016/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises that persons seeking wealth presIs extremely concerned that VCs may become a powerful altervnation may use independent currencies such as Bitcoin at times of depressed interest rates or as a safe harbour during times of economic instabilityve to national banking systems for people seeking to preserve their wealth;
Amendment 30 #
2016/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 40 #
2016/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned for fundamental economic freedoms that the development of virtual currencies may be a pretext for gradually substituting the holding of cash and its use as means of payment; calls on the Commission firmly to reject this prospect;
Amendment 55 #
Amendment 59 #
Amendment 67 #
2016/0403(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 72 #
2016/0403(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 73 #
2016/0403(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 74 #
2016/0403(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 81 #
2016/0403(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 82 #
2016/0403(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 83 #
2016/0403(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 86 #
2016/0403(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 87 #
2016/0403(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 95 #
2016/0403(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 97 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 99 #
2016/0403(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 100 #
2016/0403(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 103 #
2016/0403(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 107 #
2016/0403(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 109 #
2016/0403(COD)
Amendment 112 #
2016/0403(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 137 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 138 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 142 #
2016/0403(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 147 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 150 #
2016/0403(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 151 #
2016/0403(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Amendment 152 #
2016/0403(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 154 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 155 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 163 #
2016/0403(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 166 #
2016/0403(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 170 #
2016/0403(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 172 #
2016/0403(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1 #
2016/0402(COD)
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 6 #
2016/0402(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 15 #
2016/0402(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 18 #
2016/0402(COD)
Amendment 19 #
2016/0402(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 20 #
2016/0402(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 21 #
2016/0402(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 22 #
2016/0402(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 24 #
2016/0402(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 25 #
2016/0402(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 26 #
2016/0402(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 28 #
2016/0402(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 31 #
2016/0402(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 32 #
2016/0402(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 33 #
2016/0402(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 34 #
2016/0402(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 36 #
2016/0402(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 38 #
2016/0402(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 39 #
2016/0402(COD)
Proposal for a directive
Recital 37
Recital 37
Amendment 40 #
2016/0402(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 43 #
2016/0402(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 44 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 49 #
2016/0402(COD)
Proposal for a directive
Recital 46
Recital 46
Amendment 51 #
2016/0402(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 68 #
Amendment 76 #
2016/0402(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 79 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 83 #
2016/0402(COD)
Proposal for a directive
Article 11
Article 11
Assessment of the application by the home 1. home Member State shall within one week of having received an application for a European services e-card: (a) (b) accuracy of the information provided; (c) e-cards issued in relation to other home Member States for the same provider and service activity have been revoked or cancelled, or that cancelation has been requested to allow replacementrticle 11 deleted Member State The coordinating authority of those e- cards by the European services e-card to which the application refers to; (d) accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State; (e) application from the applicant, where necessary; (f) the information obtained in accordance with Article 14(2); (g) where the standard form for application is made available the necessary documents, if any, obtained in accordance with Article 14(2). Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided. 2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. 3. The decisions and actions by the coordinating authorityxamine the application; verify the completeness and verify whether European services verify the content and validity of request supplementing of the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member State. 4. The Commission shall adopt technical rules for the handling and processing of the application by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaplete the application form with upload to the electiron of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).ic platform
Amendment 93 #
Amendment 105 #
Amendment 124 #
2016/0402(COD)
Proposal for a directive
Article 14
Article 14
Amendment 128 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 132 #
2016/0402(COD)
Proposal for a directive
Article 21
Article 21
Amendment 27 #
Amendment 41 #
2016/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In the Digital Single Market strategy, the Commission outlined that the review of the telecoms framework will focus on measures that aim at incentivising investment in high-speed broadband networks, bring a more consistent single market approach to spectrum policy and management, deliver conditions for a true single market by tackling regulatory fragmentation, ensure a level playing field for all market players and consistent application of the rules, as well as provide a more effective regulatory institutional framework. Wholly European infrastructures need to be developed to address competition from Asia and the United States, in particular; however the current Digital Single Market strategy overlooks that essential fact.
Amendment 42 #
2016/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should create a legal framework to ensure the freedom to provide electronic communications networks and services, subject only to the conditions laid down in this Directive and to any restrictions in conformity with Article 52 (1) of the Treaty, in particular measures regarding public policy, public security and public health. It should also ensure a wholly European digital strategy and enable digital businesses to be developed, but at the same time guarantee the digital sovereignty of citizens’ data.
Amendment 43 #
2016/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The provisions of this Directive are without prejudice to the possibility for each Member State to take the necessary measures justified on grounds set out in Articles 87 and 45 of the Treaty on the Functioning of the European Union, to ensure the protection of its essential security interests, to safeguard public policy, public morality and public security, and to permit the investigation, detection and prosecution of criminal offences. This Directive does not take sufficient account of national specificities, in particular with regard to consumer protection and the processing of personal data.
Amendment 46 #
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). 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. However, the fact that not all the necessary steps have been taken to ensure that information about users and the storing or processing of such information outside EU territory, by non-European businesses is a severe handicap on the European digital economy. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 48 #
2016/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. The digital strategy should focus on building a wholly European digital sector that promotes a vision of strategic independence rather than emphasising the purely commercial aspects.
Amendment 49 #
2016/0288(COD)
Proposal for a directive
Recital 27
Recital 27
(27) It is necessary to give appropriate incentives for investment in new very high capacity networks that will support innovation in content-rich Internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency. However, these aspirations will be doomed to fail against US and Asian competition if the European Union does not come up with a digital sector that is wholly European from every angle.
Amendment 50 #
2016/0288(COD)
Proposal for a directive
Recital 31
Recital 31
(31) National borders are increasingly irrelevant in determining optimal radio spectrum use. Undue fragmentation amongst national policies regarding the management of radio spectrum, including unjustified different conditions for access to, and use of, radio spectrum according to the type of operator, may result in increased costs and lost market opportunities for spectrum users. It may slow down innovation, limit investment, reduce economies of scale for manufacturers and operators as well as create tensions between rights holders and discrepancies in the cost of access to spectrum. This fragmentation may overall result in a distortion of the functioning of the internal market and prejudice to consumers and the economy as a whole. It is, however, dangerous to seek to remove national borders in this field because the European digital sector is not fully safeguarded and there is a real disparity between countries with regard to consumers.
Amendment 51 #
2016/0288(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 53 #
2016/0288(COD)
Proposal for a directive
Recital 79
Recital 79
(79) Having regard to the short time- limits in the Union consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. Powers should also be conferred on the Commission to allow for the introduction of a notification exemption with the idea of streamlining procedures in certain cases.
Amendment 54 #
2016/0288(COD)
Proposal for a directive
Recital 82
Recital 82
Amendment 55 #
2016/0288(COD)
Proposal for a directive
Recital 86
Recital 86
(86) Member States should be encouraged to consider joint authorisations as an option when issuing rights of use where the expected usage covers cross- border situations. It should, however, be for each Member State to make the final decision in that respect.
Amendment 58 #
2016/0288(COD)
Proposal for a directive
Recital 111
Recital 111
(111) In exceptional cases where Member States decide to limit the freedom to provide electronic communications networks and services based on grounds of public policy, public security or public health, Member States should explain the reasons for such limitation. However, the sovereignty of each Member State should be respected in such cases, and notification of the exceptional limitations should be provided for information only, without an EU body being able to take action against them.
Amendment 59 #
2016/0288(COD)
Proposal for a directive
Recital 117
Recital 117
Amendment 60 #
2016/0288(COD)
Proposal for a directive
Recital 134
Recital 134
Amendment 63 #
2016/0288(COD)
Proposal for a directive
Recital 161
Recital 161
Amendment 64 #
2016/0288(COD)
Proposal for a directive
Recital 193
Recital 193
(193) Under Article 169 of the Treaty on the Functioning of the European Union, the Union is to contribute to the protection of consumers. The Union must also take into account the specificities of each Member State in the area of consumer protection.
Amendment 77 #
2016/0288(COD)
Proposal for a directive
Recital 230
Recital 230
Amendment 107 #
2016/0288(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace. However, the national authorities shall be empowered first and foremost to enforce and defend the decisions of their respective governments and not be subject to the authority of the Commission in that area.
Amendment 112 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services. The digital strategy of some foreign powers is to limit access, above all, to their data. That is not the case with the European Union, which therefore does not provide Member States or their users with the best security for.
Amendment 113 #
2016/0288(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks. Those undertakings shall preferably be wholly European, particularly when it comes to their decision-making centres, R&D centres, manufacturing sites and capital.
Amendment 31 #
2016/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of, and access to, television and radio programmes. Users increasingly expect to have, pitting traditional audiovisual media services against increasingly fierce international competition, particularly from on-line platforms. To meet user demand for access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. B, broadcasting organisations are therefore increasinglyhave managed to adapt and offer ing, in addition to their own broadcasts of television and radio programmes,novative solutions such as online services ancillary to their broadcast, such ass, like simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of originThese new techniques have made it possible to offer users a broad choice and increasingly easy access to high-quality content.
Amendment 34 #
2016/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and othenational bodies of law and Union law. Territorially based sales of rights and exclusivity clauses play a major protected subject matter. Often the rights need to be cleared in a short time- frame,le in the financing and distribution of this content. This investment ins particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevantly relevant in the case of the cross-border distribution of content across the Union, as was pointed out by the European Audiovisual Observatory in its study on territoriality in 2015, because the Union market is heterogeneous and very fragmented – owing to differences in the language, culture and tastes of the public – and, therritories which further increases the complexity of the rights' clearefore, obliges broadcasting organisations to adapt to national circumstances.
Amendment 44 #
2016/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination ofinue to support the European cultural and creative industries, it is necessary to embed the principle of territoriality, including for television and radio programmes originating in other Member States, for the benefit of users across the Union by facilitating licensingenterprises but also of users, by enshrining the principle of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, and it is therefore vital to ensure that schemes for the financing of audiovisual works are not jeopardised.
Amendment 52 #
2016/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame forthe possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a facet of contractual freedom and guarantees right holders the remuneration they need for their livelihoods and to continue to offer a wide variety of content, which is necessary in order to preserve cultural diversity in Europe.
Amendment 55 #
2016/0284(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) ThIt is also necessary to point out that this legal protection of right holders, which forms part of the constitutional traditions and legal systems of most Member States, is also enshrined in Union law, since rights in works and other protected subject matter arehave been harmonised, among othersinter alia, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 _________________ 15 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.
Amendment 60 #
2016/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) While Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive, its provisions on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 68 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary to broadcastBearing in mind the importance of the principle of territoriality for the financing of cultural and cretransmissions of television and radio programmes originating in other Membative content, and in particular of audiovisual works, the provisions of Directive 93/83/EEC on cross-border Stsates should be facilitallited by adapting the legal framework on the exercise of copyright and related rights relevant for those activitiesroadcasting and retransmission by cable should not be extended to on-line services ancillary to broadcasting and retransmission.
Amendment 84 #
2016/0284(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 95 #
2016/0284(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 108 #
2016/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principle of contractual freedom it will be possibleis necessary to continue limiting the exploitation of the rights affected by the principle of country of origin laid downset out in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 114 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmissIn view of the principle of contractual freedom, and although the collective management model might be encouraged, it would be recommendable not to implement new legislation spervices when they retransmit simultaneously, in an unaltered and unabridged manner,taining to rights clearance procedures for rseception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmisondary retransmissions of programmes by operators of packages of televisions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksradio channels by means of IPTV or other closed electronic communication networks. Moreover, no changes of a legal nature should be made at this stage in respect of retransmission services offered on the open internet.
Amendment 128 #
2016/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation toemphasis should be placed on the principle of contractual freedom, which ensures genuine protection of right holders and content creators in general. It is also necessary to underscore the possibility of exerciseing the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98 or otherwise.
Amendment 143 #
2016/0284(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) AnyThe aforesaid principles also apply to rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes,. It should be exempted from the mandatory collective management of rights applicable for retransmissions. Onoted in this respect that operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and a. As a result, the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmesrelatively simple. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.
Amendment 160 #
2016/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 173 #
2016/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as, particularly the principle of contractual freedom. Accordingly, mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these right should be ruled out, as it might additionally impact on the exercising of the rights of right holders.
Amendment 175 #
2016/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 182 #
2016/0284(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among other things, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improvedit helps protect copyright holders and the principle of territoriality, which underpins the financing of cultural creation and is therefore highly symbolic in terms of preserving cultural diversity in the UnionEurope.
Amendment 234 #
2016/0284(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origidestination’ to ancillary online services
Amendment 244 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State or Member States in which the broadcasting organisation has its principal establishmentundertakes those acts of communication and reproduction.
Amendment 258 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) When fixing the amount of the payment to be made for the rights subject to the country of origidestination principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.
Amendment 274 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation or through any other means they deem appropriate, in keeping with the principle of contractual freedom.
Amendment 283 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 287 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations, if he or she so wishes, the collective management organisation that is deemed to be mandated to manage the right of that right holderhis or her right.
Amendment 297 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) A Member State may provide that, wWhere a right holder authorises the initial transmission within its territoryin a Member State of a work or other protected subject matter, the right holder shall be deemed to have agreed not toor she may exercise his or her rights in retransmission on an individual basis but to exercise them, or in accordance with other arrangements set out in this Regulation.
Amendment 308 #
2016/0284(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 21 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning ofThe abolition of State barriers under the internal market, has an area without internal fronpushed private partiers 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 Statefaced with unfair competition into needing to find other ways of protecting their industries. When left unprotected by their national authorities, traders operating in one Member State have had to be imaginative in finding ways of blocking or limiting the access to their online interfaces, such as websites and apps, of customers 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 ofCertain traders, keen to preserve their freedom to conduct business, apply different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. WThereas there may sometimes b are objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods: while the Internet is a fantastic area of freedom which should be protected, it would be dangerous to disregard both consumer protection and the interests of very small, small and medium-sized enterprises, which have drawn attention to the various risks entailed in ending geo-blocking: the risk that standardisation orf services, or apply different conditions in this regard, for purely commercial reasonsupply could produce higher prices; the fact that many online sales offers are tied to national markets; or even, the fear that abolishing geo-blocking could stop customised sale of content to a local distributor.
Amendment 26 #
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 restricexercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries; setting the rights of customers and preventinggainst themis from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contrieedom to conduct business would be ill- advised as customers' purchasing power ís intrinsically linked to optimal business conditions. This principle enables local butsing 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. Clarifyesses to survive and encourages their transition to digitisation, which is for very many regional areas a factor ing in which situations there can be no justification for differential treatment of this kindnovation and growth. Reaffirmation of this territorial principle 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 30 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) PFursuant tothermore, from a legal viewpoint Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 ,already exists, compelling Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because ofIt should be remembered that this Directive allows for the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. Not only is this legal flexibility beneficial for the parties concerned, particularly businesses, but introducing more restrictive rules could also give rise to legal inconsistency. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 36 #
2016/0152(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of ensuring the good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore requiredThis Regulation is necessary therefore to maintain the principle of territoriality.
Amendment 37 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning ofThe abolition of State barriers under the internal market, has an area without internal fronpushed private partiers 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 barfaced with unfair competition into needing to find other ways of protecting their industriers. 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 Statetripped of the protection afforded by national authorities, traders operating in one Member State have had to be imaginative in finding ways of blocking or limiting the access to their online interfaces, such as websites and apps, of customers 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; certain traders, keen to preserve their freedom to conduct business, apply different general conditions of access to their goods and services with respect to such customers from other Member States, both online and offline. WThereas there may sometimes b are objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods: while the Internet is a fantastic area of freedom which should be protected, it would be dangerous to disregard both consumer protection and the interests of very small, small and medium-sized enterprises, which have drawn attention to the various risks entailed in ending geo-blocking: standardisation orf services, or apply different conditions in this regard, for purely commercial reasonsupply could produce higher prices; the fact that many online sales offers are tied to national markets; or even, the fear that abolishing geo- blocking could stop customised sale of content to a local distributor.
Amendment 39 #
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 restricexercise their freedom to conduct business and employ a principle of territoriality which protects the diversity of industries; setting the rights of customers and preventinggainst themis from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contrieedom to conduct business would be ill- advised as customers' purchasing power ís intrinsically linked to optimal business conditions. This principle enables local butsing 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. Clarifyesses to survive and encourages their transition to digitisation, which is for very many regional areas a factor ing in which situations there can be no justification for differential treatment of this kindnovation and growth. Reaffirmation of this territorial principle 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 41 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, place of residence or place of establishmentmaintaining the principle of territoriality, including via 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 discriminationcknowledge the justification for a certain degree of differential treatment, both direct and indirect, in certain cases, 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 customers' nationality, 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 customers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language of made or the Member State where the customer's payment instrument has been issued.
Amendment 42 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) PFursuant tothermore, from a legal viewpoint Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 ,already exists, compelling Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because ofIt should be remembered that this Directive allows for the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. This legal flexibility is not just beneficial for the parties concerned, and businesses in particular, but introducing rules that are more restrictive could bring about legal inconsistency. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 45 #
2016/0152(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of ensuring the good functioning of the internal market, the targeted measures set out in this Regulation, which provide for a clear, uniform and effective set of rules on a selected number of issues, are therefore requiredThis Regulation is necessary therefore to maintain the principle of territoriality.
Amendment 46 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have already 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 not 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 9these rights aiming notably to maintain and promote cultural diversity and conserve the heritage related thereto. 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 47 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing discrimination based on customers' nationality, place of residence or place of establishmentmaintaining the principle of territoriality, including via 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 discriminationcknowledge the justification for differential treatment, both direct and indirect, in certain cases, 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 customers' nationality, 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 customers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language of made or the Member State where the customer's payment instrument has been issued.
Amendment 50 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have already 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 not 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 9these rights aiming notably to maintain and promote cultural diversity and conserve the heritage related thereto. 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 54 #
2016/0152(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occur in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard Regulation (EC) No 1008/2008 of the European Parliament and of the Council18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to addresstrictly define justified differential treatments. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulation. _________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 54 #
2016/0152(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Discrimination can also occur in relation to services in the field of transport, in particular with respect to the sales of tickets for the transport of passengers. However, in that regard Regulation (EC) No 1008/2008 of the European Parliament and of the Council,18 , Regulation (EU) No 1177/2010 of the European Parliament and of the Council19 and Regulation (EU) No 181/2011 of the European Parliament and of the Council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present Regulation seeks to addresstrictly define justified differential treatments. Furthermore, it is intended that Regulation (EC) No 1371/2007 of the European Parliament and of the Council21 will be amended to that effect in near future. Therefore, and in order to ensure consistency with the scope of application of Directive 2006/123/EC, services in the field of transport should remain outside the scope of this Regulation. _________________ 18 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3). 19 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). 20 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 21 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 55 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) TIt should be ensured that this Regulation shoulddoes not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 56 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to addressjustified differential treatments covered by this Regulation typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer. Terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 59 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this RegulationCustomers' purchasing power being linked to businesses' freedom to conduct business, and by extension, to their rights to establish justified differential treatments, they should each be able to claim proportional and equal protection in the event of a dispute. However, that protection should not extend to customers purchasing a good or a service for resale, because it would affect widely used distribution schemes between undertakings in a business to business context, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 60 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for customers and on the internal market of discriminatoryof justified differential treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within theMember States of the European Union.
Amendment 61 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 64 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting customers from different Member States. While tThis should remain possible, with redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited. All, taking care to inform the customer thereof, being possible. At least one versions of the online interface should remain easily accessible to the customer at all times.
Amendment 65 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in thefirstly, national laws, of Member States in acr secorndance withrily, Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 66 #
2016/0152(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers' nationality, place of residence or place of establishment cannot bare objectively justified. In those situations, all such discrimination should be prohibited and customerpreferential treatment may be applied and the business should consequently be entitled, under the specific conditions laid down in this Regulation, to engage insubject commercial transactions under the same conditions as a local customer and have full and equalto conditions in view of these objective reasons, and thus potentially restrict access to any of the different goods or services offered irrespective of theiron the basis of the customer's nationality, place of residence or place of establishment. Where necessary, traderMember States should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable is freedom of undertakings. Moreover, continuing those situations should not be understood as precludingo ensure that traders fromcan directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting- up of country-specific online interfaces, is essential.
Amendment 67 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations iIn cases where the trader sells goods and there is no cross-border delivery of thoese goods by or on behalf of the trader to the Member State where the customer resides. In that situation the customer should be ab, the trader is entitled to purchase goods, under exactly the sameset sales conditions, including price and conditions relating to the delivery of the goods, as similardifferent from those of customers who are residents of the Member State of the trader. That may mean that a foreign customer will have toe trader may, furthermore, if he so wishes, offer the customer the option of picking up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross-border delivery of goods.
Amendment 67 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) TIt should be ensured that this Regulation shoulddoes not affect acts of Union law concerning judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. _________________ 24 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 70 #
2016/0152(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation iIn cases where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, such as cloud services, data warehousing services, website hosting and the provision of firewalls. In this case, no physical delivery is required, as the services are being supplied electronically. The trader canmay declare and pay the VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1)ccordance with the national law of the Member State in which he is established.
Amendment 71 #
2016/0152(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the Member State of which the customer is a national or in which the customer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria should notmay also be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 71 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to addressjustified differential treatments covered by this Regulation typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer. Terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 73 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, as a consequence of a specific prohibition or a requirement laid down in Union law or in thethe national laws of Member States in acand, as a secorndance withry consideration, in Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 74 #
2016/0152(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principlTraders are free to decide which means of payment they wish to accept, including payment brands. However, oOnce this choice has been made, in view of the existing legal framework for payment services, there are no reasons for traders to discriminate customers within the Unioncustomers within the Union may take differential treatment measures which are justified, either by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, place of residence or place of establishment of the customer. In this particular context, such unjustified unequdifferential treatment formay be based on reasons related to 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 should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted.
Amendment 75 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross-border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the UnionIt is therefore desirable to continue to limit, in so far as possible, the risk of fraud, and, for that purpose, to leave traders free to take all legal measures that they consider necessary to minimise the risk of a fraudulent attack. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 75 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality, place of residence or place of establishment when acting as customers for the purposes of this RegulationCustomers' purchasing power being linked to businesses' freedom to conduct business, and by extension, to their rights to establish justified differential treatments, they should each be able to claim proportional and equal protection in the event of a dispute. However, that protection should not extend to customers purchasing a good or a service for resale, because it would affect widely used distribution schemes between undertakings in a business to business context, such as selective and exclusive distribution, which generally allow for manufacturers to select their retailers, subject to compliance with the rules on competition.
Amendment 77 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 77 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for customers and on the internal market of discriminatoryof justified differential treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within theMember States of the European Union.
Amendment 78 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Where necessary, Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulationa balance between the rights of consumers and the freedom of undertakings. Member States should also ensube empowered that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulationo take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 79 #
2016/0152(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible national authorities facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 82 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order tot should be stressed that increaseing the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and toand increaseing transparency, including with respect to prices, traders should not is most definitely necessary; however, traders, for reasons related to the promotion of local or national heritage, public safety, research and innovation, should be able, through the use of technological measures or otherwise, prevent customers from having full and equal access to online interfaces on the basis of their nationality, place of residence or place of establishment. Such technological measures can encompass, in particular, any technologies used to determine the physical location of the customer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to accessMoreover, in accordance with the principle of freedom to conline interfaces should not be understood as creating anduct business, there should not be any obligation for the trader to engage in commercial transactions with customers.
Amendment 83 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should never apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 85 #
2016/0152(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 85 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting customers from different Member States. While tThis should remain possible, with redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited. All, taking care to inform the customer thereof, being possible. At least one versions of the online interface should remain easily accessible to the customer at all times.
Amendment 86 #
2016/0152(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 87 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 89 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addresst is necessary to maintain the principle of territoriality and the freedom of undertakings to take measures entailing direct and indirect discriminationfferential treatment based on the nationality, place of residence or place of establishment of customers, it is appropriate to adopt a Regulation, which directly applies in all M. In this context, the national authorities seem ber States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rulest placed to adopt regulations, as these principles concern specific aspects of local and national production and the national rights of consumers.
Amendment 90 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 90 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in thefirstly, national laws, of Member States in acr secorndance withrily, Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 91 #
2016/0152(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 92 #
2016/0152(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In a number of specific situations, any differences in the treatment of customers through the application of general conditions of access, including outright refusals to sell goods or to provide services, for reasons related to the customers' nationality, place of residence or place of establishment cannot bare objectively justified. In those situations, all such discrimination should be prohibited and customerpreferential treatment may be applied and the business should consequently be entitled, under the specific conditions laid down in this Regulation, to engage insubject commercial transactions under the same conditions as a local customer and have full and equalto conditions in view of these objective reasons, and thus potentially restrict access to any of the different goods or services offered irrespective of theiron the basis of the customer's nationality, place of residence or place of establishment. Where necessary, traderMember States should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access. However, the prohibition applicable is freedom of undertakings. Moreover, continuing those situations should not be understood as precludingo ensure that traders fromcan directing their activities at different Member States or certain groups of customers with targeted offers and differing terms and conditions, including through the setting- up of country-specific online interfaces, is essential.
Amendment 93 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing discriminationmaintain the principle of territoriality by acknowledging the justification for certain types of special treatment based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.
Amendment 97 #
2016/0152(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The first of those situations iIn cases where the trader sells goods and there is no cross-border delivery of thoese goods by or on behalf of the trader to the Member State where the customer resides. In that situation the custom, the trader should be abentitled to purchase goods, under exactly the same conditionset sales conditions for such customers, including price and conditions relating to the delivery of the goods, as similardifferent from those of customers who are residents of the Member State of the trader. That may mean that a foreign customer will have toe trader should, furthermore be able, if he so wishes, to offer the customer the option of picking up the good in that Member State, or in a different Member State to which the trader delivers. In this situation, there is no need to register for value added tax ("VAT") in the Member State of the customer, nor arrange for the cross-border delivery of goods.
Amendment 98 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall nomay, for reasons linked to the promotion of local or national heritage, public safety, research or innovation, introduce justified forms of special treatment, through the use of technological measures or otherwise, for example blocking or limiting customers' access to their online interface for reasons related to the nationality, place of residence or place of establishment of the customer.
Amendment 99 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall notmay, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, place of residence or place of establishment, unless the customer gives his or her explicit consent prior to such redirectiontaking care to inform the customer. At least one version of the online interface should remain easily accessible to the customer at all times.
Amendment 100 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitiIn addition to the reasons set out in paragraphs 1 and 2 shall not apply where the, blocking, limitation of access or redirection with respect to certain customers or to customers in certain territories ismay also be necessary in order to ensure compliance with a legal requirement in Unational law or in the laws of Member States in accordance with, alternatively, Union law.
Amendment 100 #
2016/0152(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The second situation is whereIf the trader provides electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, (such as cloud services, data warehousing services, website hosting and the provision of firewalls. In this case), no physical delivery is required, as the services are being supplied electronically. The trader can declare and pay the VAT in a simplified manner in accordance with the rules on VAT Mini-One-Stop-Shop (MOSS) set out in Council Implementing Regulation (EU) No 282/201126 . _________________ 26Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1)ccordance with the national law of the Member State in which he is established.
Amendment 101 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4s 1 and 3, the trader shall provide a clear justification. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 102 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall notmay apply different general conditions of access to their goods or services, for reasons related to the nationality, place of residence or place of establishment of the customer, in the following situations:
Amendment 104 #
2016/0152(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the Member State of which the customer is a national or in which the customer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria shcould notalso be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 105 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The prohibition set out in point (b) of paragraph 1 shall not apply to traders that are exempted from VAT on the basis of the provisions of Chapter 1 of Title XII of Directive 2006/112/ECtrader may declare and pay the VAT in accordance with the national law of the Member State in which he is established.
Amendment 106 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 107 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, the prohibition set out in paragraph 1 shall not preclude traders frommay applying different prices to customers in certain territories in so far as they are required to do so under the laws of Member States in accordance with Union law.
Amendment 108 #
2016/0152(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Special types of treatment for payment- related reasons
Amendment 109 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, formay, in an effort to minimise the risk of fraud, take any lawful measure they regard as necessary to minimise the risk of fraudulent attacks, citing reasons related to the nationality, place of residence or place of establishment of the customer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument withinin all the Member States of the Union, and thus apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 111 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The prohibition set out in paragraph 1 shall not preclude traders' possibility to requestIn addition, the trader shall be entitled to impose charges for the use of a card-based payment instrument for which interchanges fees are not regulated under Chapter II of Regulation (EU) 2015/751 and for those payment services to which Regulation (EU) No 260/2012 does not apply. Those charges shall not exceed the costs borne by the trader for the use of the payment instrument.
Amendment 111 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories, for reasons related to the nationality, place of residence or place of establishment of the customer, as a consequence of a specific prohibition or a requirement laid down in Union law or in thethe national laws of Member States in accordance withand, as a secondary consideration, in Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 112 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EachWhere necessary, Member States shall designate a body one or more bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this Regulationaking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings.
Amendment 114 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penalties applicable for infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasivould also be empowered to take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 114 #
2016/0152(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Under Union law, traders are in principlTraders are free to decide which means of payment they wish to accept, including payment brands. However, oOnce this choice has been made, in view of the existing legal framework for payment services, there are no reasons for traders to discriminatey can introduce differentiated treatment of customers within the Union, where justified, by refusing certain commercial transactions, or by otherwise applying certain different conditions of payment in respect of those transactions, for reasons related to the nationality, place of residence or place of establishment of the customer. In this particular context, such unjustified unequal treatment fordifferentiated treatment may be based on reasons related to 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 should be expressly prohibited as well. It should be further recalled that Regulation (EU) No 260/2012 already prohibits all payees, including traders, from requiring bank accounts to be located in a certain Member State for a payment in euro to be accepted.
Amendment 115 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of these provisions, the risk of payment fraud in national and cross-border purchases is brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the UnionFurther steps should therefore be taken to minimise the risk of fraud, and, with that aim in view, to leave traders free to take any legal measures they consider necessary to minimise the risk of a fraudulent attack. _________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 116 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confer resConsumers should be in the ponsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and ation to receive assistance from competent national authorities with responsibility for facilitating the resolution of disputes with traders arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task, including by way of a single national complaint form.
Amendment 117 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers a uniform national model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Ccommissionpetent national authorities shall assist those bodies in developing this model form.
Amendment 118 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: two years after the entry into force of this Regulation] and every five years thereafter, the Commission shall report on the evaluation of this Regulation to the Member States, the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessary, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developments.
Amendment 118 #
2016/0152(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 120 #
2016/0152(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Where necessary, Member States should designate one or more bodies responsible for taking effective action to monitor and to secure compliance with the provision of this Regulationa balance between the rights of consumers and the freedom of undertakings. Member States should also ensube empowered that effective, proportionate and dissuasive penalties can be imposed on traders in the event of any breach of this Regulationo take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from the activity of selling goods or services on-line.
Amendment 123 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should alsonever apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 125 #
2016/0152(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Consumers should be in the position to receive assistance from responsible national authorities facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 129 #
2016/0152(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be regularly evaluated, with a view to proposing amendments where necessary. The first evaluation should concentrate, in particular, on the possible extension of the prohibition of Article 4(1)(b)Any ban on geoblocking or equivalent measures should never apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 135 #
2016/0152(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 137 #
2016/0152(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 138 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 140 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressingt is necessary to maintain the principle of territoriality and the freedom of undertakings to use direct andor indirect discriminationfferentiated treatment based on the nationality, place of residence or place of establishment of customers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable customers to fully benefit from those rule. In this context, the national authorities seem to be best placed to take measures, given that these principles concern specific aspects of local and national production and the national rights of consumers.
Amendment 142 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 144 #
2016/0152(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 150 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functionmaintain the principle of territoriality by acknowledging of the internal market by preventing discriminationjustification for certain types of differentiated treatment based, directly or indirectly, on the nationality, place of residence or place of establishment of customers.
Amendment 172 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Traders shall nomay, for reasons linked to the promotion of local or national heritage, public safety, research or innovation, introduce justified differentiated treatment, through the use of technological measures or otherwise, for example blocking or limiting customers' access to their online interface for reasons related to the nationality, place of residence or place of establishment of the customer.
Amendment 175 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Traders shall notmay, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to customers with a particular nationality, place of residence or place of establishment, unless the customer gives his or her explicit consent prior to such redirectiontaking care to inform the customer. At least one version of the online interface must remain easily accessible to the customer at all times.
Amendment 180 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitiIn addition to the reasons set out in paragraphs 1 and 2 shall not apply where the, blocking, limitation of access or redirection with respect to certain customers or to customers in certain territories ismay also be necessary in order to ensure compliance with a legal requirement in Unational law or in the laws of Member States in accordance with, alternatively, Union law.
Amendment 183 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4s 1 and 3, the trader shall provide a clear justification. That justification shall be given in the language of the online interface that the customer originally sought to access.
Amendment 186 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Traders shall notmay apply different general conditions of access to their goods or services, for reasons related to the nationality, place of residence or place of establishment of the customer, in the following situations:
Amendment 197 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The prohibition set out in point (b) of paragraph 1 shall not apply to traders that are exempted from VAT on the basis of the provisions of Chapter 1 of Title XII of Directive 2006/112/ECtrader may declare and pay the VAT in accordance with the national law of the Member State in which he is established.
Amendment 199 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Amendment 204 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
With respect to sales of books, the prohibition set out in paragraph 1 shall not preclude traders frommay applying different prices to customers in certain territories in so far as they are required to do so under the laws of Member States in accordance with Union law.
Amendment 208 #
2016/0152(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 209 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Traders shall not, formay, in an effort to minimise the risk of fraud, take any lawful measure they regard as necessary to minimise the risk of fraudulent attacks, citing reasons related to the nationality, place of residence or place of establishment of the customer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument withinin all the Member States of the Union, and thus apply different conditions of payment for any sales of goods or provision of services, where:
Amendment 211 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The prohibition set out in paragraph 1 shall not preclude traders' possibility to requestIn addition, the trader shall be entitled to impose charges for the use of a card-based payment instrument for which interchanges fees are not regulated under Chapter II of Regulation (EU) 2015/751 and for those payment services to which Regulation (EU) No 260/2012 does not apply. Those charges shall not exceed the costs borne by the trader for the use of the payment instrument.
Amendment 214 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EachWhere necessary, Member States shall designate a body one or more bodies responsible for the enforcement of this Regulation. Member States shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this Regulationaking effective action to monitor and to secure a balance between the rights of consumers and the freedom of undertakings.
Amendment 215 #
2016/0152(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall lay down the rules on the penalties applicable for infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasivalso be empowered to take exceptional measures to combat unfair competition, fiscal dumping, risks of fraud or risks to national security arising from activities for the purpose of selling goods or services on-line.
Amendment 218 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Each Member State shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and aConsumers must be able to receive assistance from competent national authorities which are responsible for facilitating the resolution of conflicts with traders arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 221 #
2016/0152(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The bodies referred to in paragraph 1 shall offer consumers a uniform national model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Ccommissionpetent national authorities shall assist those bodies in developing this model form.
Amendment 225 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By [date: two years after the entry into force of this Regulation] and every five years thereafter, the Commission shall report on the evaluation of this Regulation to the Member States, the European Parliament, the Council and the European Economic and Social Committee. That report shall, where necessary, be accompanied by a proposal for an amendment of this Regulation, in light of legal, technical and economic developments.
Amendment 229 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The first evaluation referred to in paragraph 1 shall be carried out, in particular, with a view to assessing whether the prohibition of Article 4(1)(b)Any ban on geo-blocking or equivalent measures should alsonever apply to 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, provided that the trader has the requisite rights for the relevin the name of compliance with the principle of territoriality, the safeguarding of cultural diversity antd territorieshe promotion of cultural heritage.
Amendment 91 #
2016/0084(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Where a CE marked fertilising product contains a substance or mixture within the meaning of Regulation (EC) No 1907/2006, the safety of its constituent substances for the intended use should be established through registration pursuant to that Regulation. The information requirements should ensure that the safety of the intended use of the CE marked fertilising product is demonstrated in a manner comparable to that achieved through other regulatory regimes for products intended for use on arable soil or crops, notably Member States’ national fertiliser legislation and Regulation (EC) No 1107/2009. Therefore, where the actual quantities placed on the market are lower than 10 tonnes per company per year, the information requirements determined by Regulation (EC) No 1907/2006 for the registration of substances in quantities of 10 to 100 tonnes should exceptionally apply as a condition for making available pursuant to this Regulation.
Amendment 104 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Alcohol is also a contaminant, particularly alcohol contained in by- products from wine production. These wine industry by-products should have the alcohol removed from them before being included in the composition of fertilising material. Collection of these by-products by specialist distilleries supports a sizeable labour market as well as scientific research.
Amendment 111 #
2016/0084(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 114 #
2016/0084(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Furthermore, it should be possible to react immediately to new findings regarding the conditions for CE marked fertilising products to be sufficiently effective and to new risk assessments regarding human, animal or plant health, safety or the environment. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the requirements applicable to various categories of CE marked fertilising products.Commission should be able to take decisions in conjunction with the European Parliament and the Council;
Amendment 117 #
2016/0084(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) Since the objective of this Regulation, namely is to guarantee the functioning of the internal market while ensuring that CE marked fertilising products on the market fulfil the requirements providing for a high level of protection of human, animal, and plant health, safety and the environment, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, 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 Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 140 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22 a (new)
Article 2 – paragraph 1 – point 22 a (new)
(22a) ‘solid form’ means a form characterised by structural rigidity and resistance to changes of shape or volume and in which the atoms are tightly bound to each other, either in a regular geometric lattice (crystalline solids) or irregularly (an amorphous solid);
Amendment 141 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22 b (new)
Article 2 – paragraph 1 – point 22 b (new)
(22b) ‘liquid form’ means any suspension or product in solution that is not admissible as a solid form.
Amendment 150 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 2
Article 6 – paragraph 10 – subparagraph 2
The report shall be submitted at least five daysMember States shall decide upon the deadline for submission of the report in advance of placing those products being placed on the market.
Amendment 154 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 10 – subparagraph 2
Article 8 – paragraph 10 – subparagraph 2
The report shall be submitted at least five daysMember States shall decide upon the deadline for submission of the report in advance of placing those products being placed on the market.
Amendment 169 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. TFollowing approval by the European Parliament and the Council, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes II to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 174 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point b a (new)
Article 42 – paragraph 1 – point b a (new)
(ba) which have not been genetically modified in any way, either using the methods set out in Annex Ia to Directive 2001/18/EC or more recent technologies.
Amendment 180 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes II to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 341 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 1 – subheading 6 – CMC 6
Annex II – part 1 – subheading 6 – CMC 6
CMC 6: Food industry plant by-products
Amendment 347 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 1 – point 2 – paragraph 1 – introductory part
Annex II – part 2 – CMC 1 – point 2 – paragraph 1 – introductory part
Amendment 351 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 1 – point 2 – paragraph 2
Annex II – part 2 – CMC 1 – point 2 – paragraph 2
Amendment 356 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 2 – point 1
Annex II – part 2 – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, centrifugation, pressing, drying, freeze- drying or, distillation, extraction with water or any other type of processing that does not make the end-substance subject to the registration obligation under Regulation (EC) No 1907/2006.
Amendment 357 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 2 – point 1 a (new)
Annex II – part 2 – CMC 2 – point 1 a (new)
1a. Plants from the paper industry must not have been chemically processed, and in particular must not have been exposed to any of the chemical whitening processes used in that industry or to inks of chemical origin.
Amendment 358 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 2 – point 2
Annex II – part 2 – CMC 2 – point 2
2. For the purpose of paragraph 1, plants are understood to include algae and micro algae and exclude blue-green algae which produce mycotoxins likely to result in the fertilising products being classed as dangerous. The plants used must not have undergone any form of genetic modification, whether within the meaning of Annex Ia to, and Article 2 of, Directive 2001/18/EC or through the use of any other technology.
Amendment 359 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 2 – point 2 a (new)
Annex II – part 2 – CMC 2 – point 2 a (new)
2a. Plant extracts and materials other than those specified in paragraphs 1 and 2 of the CMC 2 category, as well as components structurally similar and functionally identical to components found in plants, shall fall under the CMC 1 category.
Amendment 393 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – title
Annex II – part 2 – CMC 6 – title
CMC 6: Food industry plant by-products
Amendment 394 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 1 – point c
Annex II – part 2 – CMC 6 – point 1 – point c
(c) vinasse, i.e. a viscous by-product of the fermentation process of molasses into ethanol, ascorbic acid or other products.
Amendment 396 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 1 – point c a (new)
Annex II – part 2 – CMC 6 – point 1 – point c a (new)
(ca) any other plant material or substance that has been approved for incorporation in food or animal feed or for use in the cosmetics industry.
Amendment 399 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – introductory part
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – introductory part
The substance shall have been registered pursuant to Regulation (EC) No 1907/200647, in a dossier containing unless explicitly covered by one of the registration obligation exemptions provided for in that Regulation. __________________ 47 In the case of a substance recovered in the European Union, this condition is fulfilled if the substance is the same, within the meaning of Article 2(7)(d)(i) of Regulation (EC) No 1907/2006, as a substance registered in a dossier containing the information here indicated, and if information is available to the fertilising product manufacturer within the meaning of Article 2(7)(d)(ii) of Regulation (EC) No 1907/2006.
Amendment 400 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – point a
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – point a
Amendment 402 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – point b
Annex II – part 2 – CMC 6 – point 2 – paragraph 1 – point b
Amendment 404 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 6 – point 2 – paragraph 2
Annex II – part 2 – CMC 6 – point 2 – paragraph 2
Amendment 422 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – introductory part
Annex II – part 2 – CMC 10 – point 2 – introductory part
2. As of [Publications office, please insert the date occurring three years after the date of application of this Regulation], the following criterion shall be complied with: The polymer shall be capable of undergoing physical, biological decomposition, such that most of it ultimately decomposes into carbon dioxide (CO2), biomass and water. It shall have at least 90 % of the organic carbon converted into CO2 in maximum 24 months, in a biodegradability test as specified points (a)-(c) below from the end of the functionality period indicated in accordance with Annex III, Part I, paragraph 2 point (ca).
Amendment 425 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point a
Annex II – part 2 – CMC 10 – point 2 – point a
Amendment 429 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point b
Annex II – part 2 – CMC 10 – point 2 – point b
Amendment 433 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point c
Annex II – part 2 – CMC 10 – point 2 – point c
Amendment 435 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 2 – point d
Annex II – part 2 – CMC 10 – point 2 – point d
Amendment 440 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 10 – point 3 – point c – introductory part
Annex II – part 2 – CMC 10 – point 3 – point c – introductory part
(c) In the earthworm acute toxicity test, the observed mortality and the biomass of surviving earthworms in a soil exposed to the test material shall not differ by more than 105 % compared to those from the corresponding blank soil not exposed to the test material. The results shall be considered to be valid, if
Amendment 448 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 5
Annex III – part 1 – point 5
5. Where the CE marked fertilising product contains a substance deliberately added by the manufacturer for which maximum residue limits for food and feed have been established in accordance with Regulation (EEC) No 315/93, Regulation (EC) No 396/2005, Regulation (EC) No 470/2009 or Directive 2002/32/EC, the instructions referred to in paragraph 2(c) shall ensure that the intended use of the CE marked fertilising product does not lead to the exceedance of those limits in food or feed.
Amendment 460 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(B) – point 1 – point c
Annex III – part 2 – PFC 1(B) – point 1 – point c
(c) numbers indicating the total content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K)in the form of P2O5 or potassium in the form of K2O, followed by numbers in brackets indicating the total content of magnesium (in the form of Mg)O, calcium (in the form of Ca)O, sulphur (S) or sodium (Na),in the form of SO3 or sodium in the form of Na2O;
Amendment 465 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – point 1 – point c
Annex III – part 2 – PFC 1(C)(I) – point 1 – point c
(c) numbers indicating the total content of the declared nutrients nitrogen (N), phosphorus (P) or potassium (K)in the form of P2O5 or potassium in the form of K2O, followed by numbers in brackets indicating the total content of magnesium (in the form of Mg)O, calcium (in the form of Ca)O, sulphur (S) or sodium (Na);Na)in the form of SO3 or sodium in the form of Na2O;
Amendment 485 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 4 – indent 4 a (new)
Annex III – part 2 – PFC 4 – indent 4 a (new)
– Type and quantity, by unit of volume, of fertiliser added to the growing medium;
Amendment 486 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 4 – indent 5
Annex III – part 2 – PFC 4 – indent 5
Amendment 487 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 4 – indent 6
Annex III – part 2 – PFC 4 – indent 6
Amendment 488 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 4 – indent 7
Annex III – part 2 – PFC 4 – indent 7
Amendment 489 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 6 – point b
Annex III – part 2 – PFC 6 – point b
(b) manufacturing and expiry‘best before’ dates;
Amendment 491 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 6 – point f
Annex III – part 2 – PFC 6 – point f
(f) effect claimed for each target plant;
Amendment 21 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 29 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes thepurports to include a so-called right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there; this ought to be considered not as a right or a rule, but as a privilege granted by the Member States.
Amendment 30 #
2016/0070(COD)
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion. ; it has totally failed in this task, as the European economy has never before experienced such a high level of unemployment, nor European societies such a high level of poverty.
Amendment 36 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assessconsider in a pragmatic and realistic way whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workerhas achieved the desired results.
Amendment 42 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality, arelthough enshrined in EU law since the founding Treaties, has become totally inappropriate in the current economic context. European citizens, and French citizens in particular, today wish to be treated preferentially when it comes to hiring and social security benefits in their own countries, as compared with foreign residents, and that in no way constitutes discrimination. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking.
Amendment 73 #
2016/0070(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is settled case law that rRestrictions to the freedom to provide services are only admissible if justified by overriding reasonsa matter for the national authorities alone, whose most important task is to work daily in the publicgeneral interest and must be proportionate and necessaryof the public in their areas.
Amendment 96 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services in the national public interest.
Amendment 109 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should beare, in general, clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 13 #
2015/2354(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the single market has been, and remains, presented as the cornerstone of EU integration and was supposed to act as the engine of growth and jobs, which has unfortunately not occurred in practice, and whereas its record today is nothing less than disastrous, which should force a general reappraisal of the policies of the European Union;
Amendment 32 #
2015/2354(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, according to the European Parliament’s own researchpartial and one-sided research on the cost of Non-Europe, the anticipated gain from completing the single market stands at a trillion euros;
Amendment 36 #
2015/2354(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a genuinely strategic approach is called for, and whereas the response to the challengshould be developed, but the European Union is incapable of overcoming the difficulties faced which should be political as much as technical in naturerather be tackled at national level;
Amendment 39 #
2015/2354(INI)
Motion for a resolution
Recital E
Recital E
Amendment 69 #
2015/2354(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines the urgent need to eliminate the remaining barriers from the single market in order to achieve tangible and quick results in terms of growth, innovation, job creation, consumer choice and new business modelsfact that if no tangible results have been obtained in terms of growth, innovation, job creation, consumer choice and new business models, this is due not to so-called obstacles to the completion of the single market but to the single market itself which is a negation of the multiple nature of the ‘common’ market of the continent of Europe;
Amendment 244 #
Amendment 251 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 272 #
2015/2354(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 343 #
Amendment 353 #
2015/2354(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 364 #
2015/2354(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 2 #
2015/2346(INI)
Motion for a resolution
Recital A
Recital A
A. whereas observers of the single market over the years consider that it makes apeople working in the real economy, who are front-line observers of the single market, consider that it has a disastrous record and is not making the significant contribution to European economies that was claimed for it;
Amendment 7 #
2015/2346(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, more than 20 years after the launch of the single market, non-tariff barriers (NTBs) continue to bedevil trade betweenaffect trade between Member States; whereas those barriers must be viewed as evidence of a strategic reluctance on the part of Member States;
Amendment 12 #
2015/2346(INI)
Motion for a resolution
Recital C
Recital C
Amendment 19 #
2015/2346(INI)
Motion for a resolution
Recital E
Recital E
E. whereas for consumers, gaps in the single market leads to less product choice and to goods and services being more expensive;
Amendment 23 #
2015/2346(INI)
Motion for a resolution
Recital F
Recital F
F. whereas for businesses the costs are manifestsingle market results in more expensive supply chains, leading to their own products being more expensive, or in reduced access to business services, which harms their competitiveness; whereas innovation is encouraged through a competitive market; whereas, therefore, in its current form, the single market cannot be seen as competitive;
Amendment 34 #
2015/2346(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Realises that despite the removal of tariff barriers since 1 July 1968, the free movement of goods and services has continued to be hamperaffected by non-tariff barriers (NTBs) such as national technical rules and requirements governing products and service providers;
Amendment 58 #
2015/2346(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 73 #
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; considers also that the slow compliance process leads to some Member States benefiting from an undue prolongation of the transposition deadlinethe misgivings Member States have about broad swathes of Union law call the entire single market project into question; considers also that the very poor performance of EU economic policies adds further substance to those misgivings, which must now be seen as justified;
Amendment 78 #
2015/2346(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the issue of ‘gold- plating’, i.e. the tendency of national governments to load transposed directives withcentralisation, i.e. the Commission's tendency to attempt to control and regulate what is ad ditional rules thatverse range of internal markets, constantly adding to business burdens and costthe economic constraints experienced by civil society, businesses and individuals;
Amendment 86 #
2015/2346(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 91 #
2015/2346(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 99 #
2015/2346(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the persistence of national-level differences in product market regulation withto which businesses operating across borders still have to contend; considers that this unnecessarily forces businesses to adapt their products and services to comply with multiple standards or repeated testingare obliged to adjust;
Amendment 103 #
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 SMEsthe SMEs concerned are obliged to run different product lines, which can reduce economies of scale;
Amendment 117 #
2015/2346(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 132 #
2015/2346(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 155 #
2015/2346(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 163 #
2015/2346(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 175 #
2015/2346(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 201 #
2015/2346(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to deepenreview its work on enforcement and the principles which underpin the single market; believes that early intervention with regard to national measures or implementation procedures which constitute NTBs may be effective and results more readily achieved than through infringement proceedings; underlines, nevertheless, that for serious or persistent failures or misapplication of Union law, particularly in areas of single market and economic interest, the Commission may prioritise infringement actions;
Amendment 207 #
2015/2346(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls onNotes that the Member States tono longer view the single market as a joint initiative which requires coordinated and collective maintenance, but as a managed, restrictive and centralised economic model; believes that those who ultimately suffer the consequences of NTBs are domestic consumers, who are denied access to new entrants to domestic markets, and face higher costs and reduced choice; considers that Member States should dedicate further time to horizontal single market concerns and to identifying areas requiring priority action by one or more Member States, in order to maintain and further the single marketthis anachronistic and objectively failed economic and political model are domestic consumers;
Amendment 6 #
2015/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU faces diverse challenges at both globinternational and domestic level, such as sluggish growth, high levels of unemployment and intense international competitioncompetition, sometimes unfair, whether international or within the European Union itself;
Amendment 8 #
2015/2256(INI)
Motion for a resolution
Recital B
Recital B
Amendment 12 #
2015/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is imperative to mobilise all potential avenues to boost the EU economy and competitiveness of companies within the European Union;
Amendment 17 #
2015/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a robust, efficient and inclusive Single Market, with enhanced governance, is a crucial instrument toentralising instrument, incapable of boosting investment andin the real economy and is therefore damaging to competitiveness and thus preserve the confidence of the business sector and consumers;
Amendment 20 #
2015/2256(INI)
Motion for a resolution
Recital F
Recital F
Amendment 24 #
2015/2256(INI)
Motion for a resolution
Subheading 1
Subheading 1
The Single Market as an important microeconomic tool insupposedly important for boosting EU competitiveness and delivering jobs and growthenabling companies to create jobs
Amendment 29 #
2015/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that effective coordination of economic and fiscal policies must alsoMember State economic policies could encompass macro- and microeconomic coordination, and calls for the inclusion of coordination of current EU microeconomic policies in the European Semester process;
Amendment 31 #
2015/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UnderlineRegrets that the Single Market (SM) is the backbonrules are becoming omnipresent and restrictive in the guidance of Member States’ economies; highlighdoubts the economic benefits of the SM, such asparticularly the Digital SM, which is being presented as successful product and market integration, economies of scale, stronger competition, and a level playing field for 500 million citizens across the 28 Member States, provid, but which is performing disastrously and delivering greater choice and lower prices for consumersults which are the exact opposite to its stated ambitions;
Amendment 37 #
2015/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the importance of advancing the SM to achieve structural economic growth in order to attract investmentat it is essential to re- examine the arrangements for the SM in light of the effect of these policies on the health of companies in the European Union, an analysis that suggests that the crisis is structural rather than cyclical, in order to avoid an imminent disaster;
Amendment 48 #
2015/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concernnot surprised that the level of implementation of European Semester recommendations for 2011-2014 was weak and even declining;
Amendment 53 #
2015/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 60 #
2015/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the 2015 Report on Single Market Integration and Competitiveness in the EU and its Member States; requestconsiders that the report be further developed and that it become part of the SM Governance pillar and the basis for annual evaluation of microeconomic policies; considers that the report should be systematically taken into account in Member States’ economic and fiscal evaluations and that it should feed into the specific SM section in the Annual Growth Survey, in Country- Specific Recommendatshould be analysed thoroughly and pragmatically to evaluate the results of implementing the European Commission’s and in regular restruictured compliance dialogue with the Member Stateive economic and budgetary recommendations;
Amendment 69 #
2015/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that any new review process of the European Semester must allow for proper involvement of the European Parliament, national and regbut first and foremost national parliaments and all other relevant stakeholders;
Amendment 78 #
2015/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 84 #
2015/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets that furthere implementation of the Services Directive, covering activities representing more than 45 % of the EU’s GDP and employment, is hindered by a multitude of varying national rules and regulations and that the notification procedure is often not complied with;
Amendment 87 #
2015/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the modernisation of the Professional Qualifications Directive, proposing a smoother system of recognition of qualifications supporting labour mobility; highlightsIs pleased to note that the regulation of similar regulated professions still varies substantially between Member States, as do reserves of activities, thus sign of resistance from national models and balances, which obviously hamperings the labour mobility and job creationdemanded by the Services Directive in response to federalist goals and in opposition to the growing aspiration of the peoples of Europe;
Amendment 114 #
2015/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 126 #
2015/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that the intensity of tangible and intangible capital accumulation in the EU has been lower post-financial crisissince the appearance of the first symptoms of the systemic crisis the European Union is undergoing when compared to competitors; believes that revitalising investment is of the utmost importance in order to restore productivity and long-term growth in the EU; emphasises that the lag in public spending is especially pronounced in the area of information and communication technologies (ICT), but that such revitalisation will only happen by means of the Member States being quickly returned their territorial, economic and budgetary sovereignty, rather than of intensifying European integration;
Amendment 130 #
2015/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 138 #
2015/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points to the blurring of lines between products and services; hHighlights the growing importance of business-related services and systems with integrated products and services; believes that SM regulatory frameworks need to embrace these transformative developments;
Amendment 165 #
2015/2256(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 3 #
2015/2233(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for all ILO core labour standardsphysical, psychological and ergonometric standards imposed by legislation on all European workers, such as those set out in the subsidiarity rules of each Member State, to be a compulsory element of EU trade agreements such as TiSA from the outset;
Amendment 10 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point i
Paragraph 2 - point a - point i
i. to ensure the highest level of transparency in the negotiations, in particular by allowing access to documents and by organising a consultation with Pnational parliaments and civil society, including by means of a referendum;
Amendment 18 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sectorand fair competition, and has as its main objective to highlight and maintain the high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU);
Amendment 29 #
2015/2233(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls furthermore, in negotiations on international trade in services, for mandatory working conditions to be secured in accordance with the respective laws on labour andnational laws on social affairs, and for mandatory conclusion of collective agreements to be provided for, as well as a ban on the dismantling of workers’ rights and social standards when services are liberalised;
Amendment 31 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii
Paragraph 2 - point a - point iii
iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy and strategic grounds;
Amendment 38 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii a (new)
Paragraph 2 - point a - point iii a (new)
iiia. to oppose, therefore, any attempt to establish a mechanism for settling disputes between private investors and states;
Amendment 42 #
2015/2233(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that the right of the State to organise and regulate the provision of services, taking account of social and environmental criteria as well as the public interest, must be retained in full, and calls for services of general interest – namely public services, and particularly national education and public health – to be excluded from the agreement, irrespective of whether they are provided privately or publicly;
Amendment 52 #
2015/2233(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Rejects negotiations on the further liberalisation of services provided across EU borders so long as no EU-wide cooperation exists to maintain working conditions in accordance with the respective laws on labour and social affairs and collective agreementsince it represents the beginning of a loss of sovereignty and subsidiarity in fundamental areas such as social protection and employment; feels that it would in fact encourage social dumping and make it impossible to have a clear national employment strategy;
Amendment 55 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point ii
Paragraph 2 - point b - point ii
ii. to maintain the Member States'’ freedom to regulate those services at all levels and to provide, commission and fund public services in compliance with the Treaties;
Amendment 59 #
2015/2233(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers furthermore that the EU- wide posting of workers should not be regalls for an end to the Posted Workers Directive since it represents an intolerable example of social dumping; feels that the harmonisation of social security contributions according to this model would not bring security to individual workers, as they are calculated ion trade agreementshe basis of the lowest bidder;
Amendment 65 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point i
Paragraph 2 - point c - point i
i. to ensure that an exhaustive positive list of services ready to be placed on the market is presented by the Union in order to protect those services not explicitly referred to from being opened up to competition;
Amendment 72 #
2015/2233(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expects the agreement to include a clause making it possible to revise, if it is not rejected, to include a cut-off clause as regards the liberalisation of services, particularly in the event of infringements of labour and social standards;
Amendment 72 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point ii
Paragraph 2 - point c - point ii
ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, on an absolutely reciprocal basis, in particular as regards the definition of public-public cooperation, exclusions and SME access;
Amendment 74 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iii
Paragraph 2 - point c - point iii
Amendment 96 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d - point ii
Paragraph 2 - point d - point ii
ii. to maintain the exclusion of audiovisual and cultural services, cultural, energy, transport, education and health services and of all aspects of public services in general;
Amendment 297 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the differentWelcomes the diversity of 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 the internet as an open and global platform forcalls for Member States to cooperate with a view to preserving Europe’s independence in communication and innovation;
Amendment 355 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to combat cybercrime and to increase the security level of the computer sites and servers of administrations and strategic companies in order to preserve the integrity of states and Europe as a whole with regard to the risks of cyber-attack;
Amendment 545 #
Amendment 550 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 600 #
2015/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 613 #
2015/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 651 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private and public investments in fast and ultra- fast communication networks is a requirement for any digital progress, withand that competition remainingis not the main driver of infrastructure investments, and innovation, affordable prices and choices for consumers was shown by information report No 704 of 6 February 2014 of the French national assembly, which underlined that most investment is not in network infrastructure but in modems and the purchase of frequencies; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks;
Amendment 697 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission and the Member States to take steps to protect European manufacturers against the anti- competitive conduct of the Chinese Huawei and ZTE manufacturers, as has been done in the US; calls for the creation of a European preference for telecommunications infrastructure equipment in the Member States;
Amendment 736 #
2015/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a harmoniscoordinated framework for spectrum allocation by the Member States in a European framework to boost long-term infrastructure investments;
Amendment 783 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulatorfull use of BEREC coordination capacity;
Amendment 971 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that the EU and its Member States should follow the example of the Russian Federation and require every online operator to store all data regarding individuals and European companies within their Member State of residence.
Amendment 3 #
2015/2132(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. RecallsTakes the view that the Single Market (SM) is a key driver of growth and jobs; notes, however, that this potential remains untapped in many respects; asks, therefore, for better spending of the budget by providing adequate financial means for the SMcalls for better spending of the budget in order to cover a clear set of priorities related to the real economy;
Amendment 24 #
2015/2132(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks for the financing of a new pilot project entitled ‘Consumer Empowerment and Education in the Digital Single Market (DSM)Market’, contributing to a large public education campaign to support consumer and business understanding and appreciation of the challenges associated with e- commerce; stresses that this should help citizens and SMEs comply with consumer protection law in the online environment; emphasises that, in a truly connected DSMdigital market, every consumer should be able to trust the safety of products purchased online; considers that better compliance with the rules would reduce consumer problems and benefit traders by avoiding problems with the enforcement authorities;
Amendment 27 #
2015/2132(BUD)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 30 #
2015/2132(BUD)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 31 #
2015/2132(BUD)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 42 #
2015/2132(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights that standards are important tools for the competitiveness of undertakings, whose participation in the standardisation process is essential for technological progress in the Union; therefore, agrees that payments under budget line 02 03 02 01 aimed at supporting standardisation activities performed by CEN, CENELEC and ETSI should be raised in accordance with the Commission proposalmust be strictly in line with the needs on the ground.
Amendment 1 #
2015/2074(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Single Market constitutes a core policy and pri, while the development of the internal market could generate economic growth, the current arrangements for ity area for economic growth; is convinced that efforts to address the economic crisis s implementation, whether legislative or executive, do not make it possible realistically to envisage the possibility of overcoming the economic crisis or the political difficulties afflicting the Union should build on a stron, which means that no additional budgert and more integrated Single Market, which requires appropriate budgetary allocationllocations are needed as yet, but rather a complete overhaul of the contribution system applicable in the Member States;
Amendment 4 #
2015/2074(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that a consumer policy with adequate funding is of utmost importance to any effort to increase consumer confidence in a more transparent Single Market; calls, therefore, for focus to be placed both on reinforcing consumer safety and on adjusting consumer rights to societal aIs convinced that consumer confidence will recover only when the authorities have returned to sound economic changpolicies;
Amendment 8 #
2015/2074(BUD)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 10 #
2015/2074(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that Member States should allocate appropriate funding for SOLVIT so that all EU citizens and businesses may have access to guidance on issues such as business set-up, trade, services, family benefits, visa and residence right, and France in particular, are already making a large enough contribution for part of it to be reasonably spent on providing information for EU citizens and businesses to guide them in their projected business set-up, development and promotion activities;
Amendment 15 #
2015/2074(BUD)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 17 #
2015/2074(BUD)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 292 #
2015/2065(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas unfair commercial practices must be considered not only at inter- continental level but also within the internal market; whereas such unfair practices, combined with abuse of a dominant position, have already caused havoc in the economy and the collapse of many small enterprises in the food sector;
Amendment 305 #
2015/2065(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Affirms that the most effective way to protect the most vulnerable enterprises is to ensure that they once more become competitive (at regional, national or international level) on their own domestic markets, using a fair and effective system of tariff gates to combat all inadmissible practices and unfair competition on the part of certain supplier countries, all too often making it possible for dominant market players to bring inadmissible commercial pressure to bear; urges the Commission to ensure that any policies it decides to introduce do not defeat the object as a result of dominant market players deciding to avoid trade conflicts, by outsourcing food supplies completely, a far from negligible eventuality, given the absence, not to say the actual prohibition, of any form of smart protectionism on the internal market;
Amendment 1 #
2015/2061(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 2 #
2015/2061(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the participation of the EEA countries and Switzerland in the European Union’s internal market, which will promote growth, competitiveness and job creation, although it has yet to produce the results expected of it;
Amendment 2 #
2015/2061(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 3 #
2015/2061(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 3 #
2015/2061(INI)
Motion for a resolution
Citation 22
Citation 22
Amendment 6 #
2015/2061(INI)
Motion for a resolution
Citation 23
Citation 23
Amendment 8 #
2015/2061(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 9 #
2015/2061(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Switzerland’s participation in the EEA Agreement was sovereignly contested by a popular vote in 1992 and therefore relations between Switzerland and the EU are currently based on more than 100 sectoral agreements that provide for a far- reaching degree of integration;
Amendment 10 #
2015/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the result of the popular initiative of 9 February 2014; calls, howeveraccordingly, on the European Union to remain firmtake due and proper account of the legitimate results onf the fundamental principle of free movement of persons so that Switzerlandis referendum and, above all, not to disregard the democratic will of the Swiss people reflected in those results and not to make any attempt to impose its ideas on the Swiss people as it has done in the past; calls on the European Union to enter into frank and realistic negotiations with Switzerland with a view to that country continuesing to grant privileged access to Union workers and enterprises in accordance with its own interests;
Amendment 11 #
2015/2061(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers the EEA Aagreement a key driver for economic growth and the most far-reaching, comprehensive instrument to extend the Single Market to third countries; believes that taking into account the internal developments in the EU, it has proven to be a solid, efficient and well-functioning agreement ensuring the integrity of the Single Market also in the long term;
Amendment 12 #
2015/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that the strong relations between the EU, the EEA EFTA countries and Switzerland go beyond economic integration and the extension of the Single Market, and contribute to stability and prosperity to the benefit of all citizens and businesses; underlines the importance of ensuring the proper functioning of the Single Market in order to create a level playing fieldgood multilateral relations in order to create fair conditions for all;
Amendment 15 #
2015/2061(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the unilateral measures taken by Switzerlarequired ratification of the Protocol extend in favour of Croatian nationals cannot replace the required ratification of the Protocol exteg the FMPA to include Croatia cannot replace the unilateral measures taken by Switzerland ing the FMPA to include Croatia favour of Croatian nationals;
Amendment 18 #
2015/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 20 #
2015/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 21 #
2015/2061(INI)
Amendment 24 #
2015/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that prior agreement by all the EEA EFTA states regarding the determination of EEA-relevance is necessary and that technical adaptations may be required before incorporation; is concerned, however, that increasing requests for adaptations and exceptions are leading to unnecessary delays and fragmenting the Single Market; strongly calls on these countries to remedy this situation and to ensure a level playing field in the extended Single Market;
Amendment 34 #
2015/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 37 #
2015/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that Norway, with whom ties have strengthened over the past years, is part of the Frontrunners initiative, which aims to improve the Single Market; notes, however, that the transposition deficit has increased and urges Norway to step up its efforts in this regard in particular with a view to completing the internal energy marketrade;
Amendment 41 #
2015/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that closer relations could bring mutual benefits in particular at regional and local levels in neighbouring EU regions, and therefore welcomes the opening of negotiations on association agreements as a significant step forward with regard to their participation in the Single Market and possibly areas going beyond, while taking into account the particular nature of these countries;
Amendment 42 #
2015/2061(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that, in the context of negotiations with those regions, the EU must take into account the opinions of States and respect all popular initiatives on which votes are taken; underlines likewise that, in the case of agreements, the EU should not attempt to impose its functioning and its conditions but should at all times respect the sovereignty of States and guarantee their national specificities;
Amendment 43 #
2015/2061(INI)
Motion for a resolution
Subheading 7
Subheading 7
Amendment 44 #
2015/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Commends the strong, continuously flourishing and longstanding relations between the EU and Switzerland, which have contributed to peace, prosperity and growth in Europe over the past decades; is convinced that these relations can be deepened to the benefit of both Parties by comprehensively revising the sectoral agreements in full compliance with the fundamental principles of the EU and can extend the numerous commonalities and mutual interests;
Amendment 49 #
2015/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes in this context the opening of the negotiations in May 2014 for an institutional framework as a precondition for the further development of a bilateral approach; stresses that without such a framework agreement no further agreements on Swiss participation in the internal market, including the Electricity Agreement, will be concluded; urges the Swiss Government to step up its efforts to progress with the negotiations on the outstanding issues;
Amendment 53 #
2015/2061(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the outcome of theRespects the results of the democratic referendum of 9 February 2014 on the ‘Against Mass Immigration’ popular initiative and the decisions taken on 11 February 2015 by the Swiss Federal Council in relation to its implementation of a draft implementing law and new flanking measures; expects Switzerland to respect its obligations in particular those stemming from the Free Movement of Persons Agreement (FMPA); points out thatas a matter of course to respect the sovereign will of its citizens; thanks the Swiss Confederation for having dissociated the question of migration of citizens from third countries should not be confused withfrom the free movement of persons as enshrined in the Treaties; notes in this respect that Switzerland has introduced unilateral measures in order to avoid discrimination against Croatian citizens but considers that these measures fall short of the Protocol extending the FMPA to include Croatiawho are nationals of certain frontier Member States of the European Union;
Amendment 57 #
2015/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 4 #
2015/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers thatNotes the lack of a unitary system for the protection of geographical indications relating to non-agricultural products creates a highly fragmented situation in Europe, arising from different national and local, sectoral, arising from different national rules; believes that in the context orf transversal rules, which have distorting effects, which hamper the harmonious development of the common market, as well as homogeneous protection and effective competition he single market this fragmentation may effectively encourage unfair competition and therefore harm consumers; stresses that this alone should call into question the current anarchic construction of the single market, and that con sequal terms, which prevent consumers from receiving accurate, truthful and comparable information and which are an obstacle toently the national framework remains, for the time being, the optimum framework for ensuring effective and realistic consumer protection;
Amendment 11 #
2015/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes, therefore, the publication of the Green Paper (COM(2014)469) by the Commission and lLooks favourably upon the possible extension of the European Union’s geographical indications to non- agricultural products;
Amendment 16 #
2015/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 27 #
2015/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is strongly convinced thatWonders how, specifically, extending protection of geographical indications to non-agricultural products could have many and varied positive effects for citizens, consumers, producers and the whole European economic and social fabric;
Amendment 33 #
2015/2053(INI)
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Considers that this system could, in particulare advantage of this system is that it could:
Amendment 34 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- protect consumers more effectively andin certain countries where the legislation may be incomplete, provide more protection to consumers by helping them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin and ensuring traceability, although some countries already have effective regulations in this area;
Amendment 53 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 3
Paragraph 6 – indent 3
- promote and facilitate access to the common market for European craft products, which are the fruit of traditional knowledge and skills, helping to conserve precious know-how which characterises entire social and local communities and which represents a significant element in the historical, cultural, economic and social heritage of European nations;
Amendment 56 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 4
Paragraph 6 – indent 4
Amendment 60 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 5
Paragraph 6 – indent 5
- help to increase the overall attractiveness of an area and to preserve national and local identities, as well as facilitating the generation of useful synergies to promote local areas and their distinctiveness, with consequent benefits also from the point of view of tourism, culture and trade;
Amendment 71 #
2015/2053(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that this system must be accompanied by the creation of a single European register, that it should be characterised by a cross-cutting approach in order to maximise its economic and social impact, and that it should significantly, as a priority, seek to enhance the existing link between products and their area of origin, in particular by means of short supply chains, in order to increase the credibility and authenticity of a product and, guarantee its origin and traceability and protect dependent jobs in local industries;
Amendment 3 #
2015/2037(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the European Council’s decision to include the topic of European defence markets on the agenda for its June 2015 summit; calls on the European Council to provide guidelines for defence policies with a particular emphasis on the internal market;
Amendment 5 #
2015/2037(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is alarmed by the recent Commission offensive launched by President Juncker in support of the creation of a European army under the control of the EU institutions;
Amendment 6 #
2015/2037(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that the internal market should be used neither as a pretext nor an instrument for establishing a European defence policy and a European diplomatic service at the expense of the Member States’ sovereignty in these areas;
Amendment 8 #
2015/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that internal market and defence policies should not be seen as opposing one another; stresses that correc, but also that defence policy is the exclusive preserve of Member States, and warns that implementation of the legal framework for EU public procurement could contribin this sector would pute to more efficient defence spending and strengthen the European Defence Technological and Industrial Basehe principle of not sharing sovereign technologies at risk;
Amendment 19 #
2015/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that internal market rules should be used to their full potential to counteract the ongoing fragmentation of the European defencemust not be systematically exploited and usecurity sector; urges the Member States to correctly implement and enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products; calls on the Commission to provide the necessary assistance to that endd to undermine Member States’ independence in the fields of defence and security or any other strategically important sector;
Amendment 23 #
2015/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 32 #
2015/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 43 #
2015/2037(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that framework agreements and subcontracting are a means of opening up established supply chains for the benefit of SMEs; callpoints onut the Member States, the European Defence Agency and the Commission to work together to help SMEs consolidate andat these means have been in place for a long time now and have proved very effective; encourages the Member States to go even further in their efforts to promote short supply chains and thus facilitate their access to defence procurement for local and national SMEs;
Amendment 45 #
2015/2037(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the uptake by industry of the main instruments of the Defence Transfer Directive, specifically general licences and the certification of defence firms, remains very limited; urges the Commission and the Member States to ensure the effective use of these instruments in practice for obvious reasons;
Amendment 50 #
2015/2037(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 54 #
2015/2037(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 61 #
2015/2037(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 67 #
2015/2037(INI)
Draft opinion
Paragraph 12
Paragraph 12
Amendment 71 #
2015/2037(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Recalls that the modernisation of the EU public procurement rules as set out in Directives 2014/24/EU and 2014/25/EU, adopted in 2014, affords opportunities for more streamlined procedures, such as the use of electronic procurement and aggregation of demand, which can be tailored to the specificities of the defence and security sector, such as the use of electronic procurement, but not aggregation of demand;
Amendment 74 #
2015/2037(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Draws attention to the new ‘innovation partnership’ procedure and calls for it to be introducstresses that it must not be applied into defence procurement.
Amendment 71 #
2015/0288(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 92 #
2015/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Existing disparities may adversely affect businesses and consumers in some cases while affording them protection in others. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council40 , businesses directing activities to consumers in other Member States need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced withface additional costs. Consequently many, businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross- border e-commerce results in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _________________ 40 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) OJ L177, 4.7.2008, p.6.
Amendment 111 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) IWhile increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidcross-border retailers might result in consumers being offered wider choices at more competitive prices, its main effect is to squeeze economic operators at national level, as evidenced from the systemic nature of rising unemployment and frequently buy at a distance cross-border knowing they would enjoy the same rights across the Unionsiness and factory closures.
Amendment 236 #
2015/0288(COD)
Proposal for a directive
Article 3
Article 3
Amendment 73 #
2015/0287(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The growth potential of e- commerce has not yet been fully exploited. Tis substantially under- exploited. It cannot be effectively exploited through the implementation of the Digital Single Market Strategy for Europe29 tackles in a holistic manner the major, whose sole objective is to remove obstacles to the development of cross-border e-commerce in the Union, in ordther to unleash this potential. Ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the Union’s digital economy and stimulate overall growthwords to remove any possibility for national political and economic decision- making. _________________ 29 COM (2015) 192 final.
Amendment 81 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 93 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack ofmay clrear contract law rules are among the key obstacles which hindete a challenge for the development of the international supply of digital content,; as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law ru trade challenge and a legal challenge, which are not insurmountables and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing thesewhich are part and parcel of international trade. International trade does not preclude partnerships and cooperation between different countracts. In those Member States where there are not yet specific rules for the supply of digital content, traders willingies to promote trade between two sell cross-border face uncertaintychosen markets, asnd they will often not know which rules apply to digital content in the Member State they want to export to, nor the content of those rules and whether they are mandatoryreby encouraging trade and reducing the additional costs borne by enterprises.
Amendment 103 #
2015/0287(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 109 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 119 #
2015/0287(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 127 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 145 #
2015/0287(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 510 #
2015/0287(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 97 #
2015/0269(COD)
Proposal for a directive
Recital 2
Recital 2
(2) As a response to recent terrorist acts which demonstratedConsidering some gaps in the implementation of Directive 91/477/EEC especially with regard to deactivation of weapons, convertibility and marking rules, the "European Agenda on Security" adopted in April 2015 and the Declaration of the Home Affairs Ministers Council of 29 August 2015 called forconsiders the revision of that Directive and for a common approach on the deactivation of firearms able to prevent reactivation and use by criminals and terrorists.
Amendment 159 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) BCollectors 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 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.
Amendment 171 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 182 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 219 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 258 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than thelike the internet must be secured using national and conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 281 #
2015/0269(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, the risk of alarm weapons and other types of blank firing weapons being converted to real firearms is high, and in some of the terrorist acts converted arms were used. It is therefore essential to address the problem of converted firearms being used in criminal offences, notably by including them in the scope of the Directive. Technical specifications for alarm and signal weapons as well as for salute and acoustic weapons should be adopted by Member States in order to ensure that they cannot be converted into firearms.
Amendment 302 #
2015/0269(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Since the objectives of this Directive cannot be suefficiently achieved by the Member StatesEuropean Commission, but can rather, by reason of the scale and effects of the actionnegative consequences of wide opened borders, be better achieved at Unational levels, the Unionmeasures may be adopt measures,ed 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 310 #
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 and any device designed or adapted to diminish the sound caused by firing a firearm which, being. Such separate objects, ar must be included in the same category ofas the firearms on which they are or are intended to be mountat from which the weapons are classified.
Amendment 352 #
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 1g
Article 1 – paragraph 1g
Amendment 359 #
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 1 h
Article 1 – paragraph 1 h
Amendment 383 #
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, and repair or conversion of firearms;
Amendment 393 #
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, and repair or conversion of parts of firearms;
Amendment 398 #
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 iii
Article 1 – paragraph 2 – point iii
(iii) the manufacture, trade, and exchange or conversion of ammunition.
Amendment 407 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forcesnational defence forces, including the army, the police, the or public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons. Nor shall it apply to commercial transfers of weapons and ammunition of warproducts of the defence industry.
Amendment 458 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 518 #
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 authorise the acquisition and possession of firearms tonly by persons who have good cause and who:
Amendment 551 #
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 medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisationsthem if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 597 #
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 and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provison and seized, except in some cases permitted by Member States' authorities.
Amendment 616 #
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 collectors as well as 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).
Amendment 626 #
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 655 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 683 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a
Article 10 a
Amendment 685 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Member States shall take measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms.
Amendment 689 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b
Article 10 b
Amendment 722 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 91/477/EEC
Article 13 a – paragraph 2
Article 13 a – paragraph 2
Amendment 728 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall submit every five years submit a report to the European Parliament and the Council on the application of this Directive, accompanied, if appropriate, by proposals in particular as regards the categories of firearms of Annex I and the issues related to new technologies such as 3D printing. The first report shall be submitted by ... [two years after the date of entry into force of this Directive].
Amendment 735 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange of information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 742 #
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 – points 6 – 8
Annex I – part II – point A – category A – points 6 – 8
Amendment 789 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 810 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
Amendment 840 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 – point c a (new)
Article 1 – point 14 – point c a (new)
Directive 91/477/EEC
Annex I – Part III – paragraph 3
Annex I – Part III – paragraph 3
(ca) the third paragraph is replaced by the following: "The Member States must apply their national laws to the firearms listed in this Part."
Amendment 841 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 14 a (new)
Article 1 – point 14 a (new)
Directive 91/477/EEC
Annex I a (new)
Annex I a (new)
(14a) The following Annex is inserted: "Annex Ia Commission Implementing Regulation (EU) 2015/2403 is repealed."
Amendment 5 #
2014/2256(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the appointment of two Commissioners who will work on further developing the EU digital agenda and copyright issues in the course of the new Commission mandate; welcomnotes the Commission Work Programme for 2015 insofar as it promises to deliver a Digital Single Market Package which includes the objective of modernising copyright rules;
Amendment 35 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation across the EU;
Amendment 49 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that territorial fragmentationdisparities between the Member States may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds;
Amendment 57 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. WelcomNotes, therefore, the adoption of Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights, and believes that implementation of this directive will lead to a clearer set of EU-wide standards resulting in a faster and more flexible licensing infrastructure;
Amendment 3 #
2014/2233(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance of public-private partnerships (PPPs) as a vehicle for economic growth, both in the single market and abroad; notes that European companies are still well equipped to compete for and operate such arrangements;
Amendment 14 #
2014/2233(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that PPPs are characterised by their high value and, technical complexity, and by the parties’ long-term commitment; notes that they consequently require appropriate levels of both flexibility and their frequently strategic value at local and national level; notes that they consequently require well thought-out and balanced levels of protection and procedural safeguards to ensure transparency, non- discrimination and equal treatment;
Amendment 26 #
2014/2233(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. StressNotes that EU markets are completely open, with rules aimdesigned ato enhancinge fair and effective competition within the single market and providing a level playing field for international investors; recalls that there is no discrimination on the basis of foreign ownership or control, and that companies from abroad may establish themselves locally in order to participate in PPP; notes that, instead of optimising trade on the European market, these rules are, to an alarming degree, undermining the competitiveness of small and medium- sized enterprises and leading to relocations, with a disastrous effect on employment; notes that these rules provide a level playing field for international investors and European companies; urges therefore that Community preference be given priority under such partnerships, which are often of strategic importance for the Member States;
Amendment 32 #
2014/2233(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that the Union’s trade agreements contain the necessary conditions to enable European companies to compete on equal terms with domestic companies abroad; considers that this includes access to related services, together with clear and equitable rules on access to tendering information and on award criteria; stresses that greater transparency is of particular importance for small and medium-sized enterpriseare systematically based on the principle of reciprocity and in the overriding interest of European citizens;
Amendment 6 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. DemandUrges that the main outcome of the negotiations be an ambitious and comprehensive agreement, bringing a significant market opening for EU companies, including SMEs;
Amendment 19 #
2014/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges, given the scale of the impact which the TTIP would have on the lives of ordinary Europeans, that a referendum be held in all the EU Member States and that its outcome should be final and should determine whether the negotiations continue or are halted;
Amendment 25 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim atbove all promotinge European high levels of consumer protection; observes that in most sectors EU and US standards and regulatory environments are very different from those in the US and do not necessarily ensure this high level; considers, therefore, that the task of approximating our regulations represents a unique chance to establish high-quality standards and laws for consumers which will be the de facto international standardsmust be undertaken very carefully;
Amendment 3 #
2014/2158(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that tackling the fragmentation of the digital single market and guaranteeing an open internet and net neutrality are essentialwill be useless to foster competition and boost growth and competitiveness in the digital sector; because diversity and differences of our 28 national identities are something that is not taken into account in our report.
Amendment 15 #
2014/2158(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to closely evaluate the implementation by Google of the binding commitments resulting from the agreement of February 2014; believes abusive dominant positions created by the so-called ‘first mover’ advantages and network effects in the digital sector should be more closely monitored; calls on an urgent cooperation between Member States for building European search engines in order not to face similar issues in the future and therefore get rid of Google dependence;
Amendment 39 #
2014/2158(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on Member States to implement the new EU public procurement rules with respect of each member state interests in a timely manner in order to boost fair competition and ensure best value for money for public authorities; urges the Commission to ensure their application to the fullest possible extent in order to tackle distortions of competition caused by bid- rigging, abuses of dominant positions and discrimination in the public procurement sector;
Amendment 46 #
2014/2158(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to carefully monitor the centralisationnot to get involve with monitoring of purchases in public procurement markets in order to avoid excessive concentration of purchasing power and collusion, andby leaving member state free to handle it in order to preserve national market access opportunities for SMEs;
Amendment 58 #
2014/2158(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the Mastercard ruling of the CJEU of 11 September 2014, as well as the successful actions undertaken by the Commission to ensure that standardisation processes in the payments sector do not affect market entry and innovation; in this context, asks the Commission to accelerate the process of mapping standardisation work for mobile payments, while ensuring that any action taken does not exclude new entrants;
Amendment 62 #
2014/2158(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that the internal market dimension of competition policy, which is clear from the Treaty, and the importance of consumer protection in shaping competition policy require stronger cooperation between National Parliament’s Internal Market Committee and the Commissionir own people.
Amendment 1 #
2014/2151(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, and the range of industries affected by IPRs;
Amendment 31 #
2014/2151(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the vital role public authorities play through procurement and purchasing, and commends the Commission’s desire to develop, promote and publish a guide on best practices to avoid public authorities purchasing counterfeit goods;
Amendment 6 #
2014/2150(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that, where the need for action at EU level has been clearly identified in the best interest of the Member States, it should be carefully assessed which legislative instrument (regulation or directive) is best suited for reaching the intended political goal; considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact;
Amendment 6 #
2014/2145(INI)
Draft opinion
Recital A
Recital A
A. whereas the improvement of the economic governance framework should be based on a set of interconnected and mutuallyMember States' consistent policies that foster growth and employment, and whereas the full development of the Single Market is a prerequisite for this to happe inside their own market and also foster their cooperation;
Amendment 9 #
2014/2145(INI)
Draft opinion
Recital B
Recital B
Amendment 19 #
2014/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers the economic governance framework to be a key political initiative that underpins the foundations of the Europe 2020 goals and flagship initiatives which are aimed at fully exploiimplementing the Single Market’s untapped growth potential; underlines the fact that the economic crisis has clearly shown the importance of strengthening the EU’s innovation potential by facilitating market access and mobility and combating Single Market fragmentation across the Unionweaknesses and irrelevant aspects of the wide opened EU’s Single Market;
Amendment 25 #
2014/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the review of the framework’s effectiveness, with a view to assessing the effective and uniform application of governance rules by the Commission, the Council and by the Member States; believes that this review should also inspire a re-evaluation of the Single Market governance framework and explore possible synergythe objective effects between the two processes;
Amendment 29 #
2014/2145(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates its call for the procedures to provide for the appropriate involvement of the European Parliament in the economic governance cycle, paving the way for the adoption, by Parliament and the Council, of the measures necessary to strengthen Single Market governance, and in particular those which address the areas in which the Union’s regulatory framework has been established in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty on the Functioning of the European Unrealistic measures adapted to each Member State's situation;
Amendment 35 #
2014/2145(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the economic governance framework needs to be inclusive and that political priorities also have to be discussed in a more comprehensive manner, in order to distribute the spread of national ownership and effectively implement both economic governance and Single Market governance;
Amendment 42 #
2014/2145(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the evaluation of the state of the Single Market should be made an integral part of the economic governance framework, laying the foundation for an annual Single Market cycle by reinforcing a pillar dedicated to the Single Market within the European Semester;
Amendment 46 #
2014/2145(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to submit to Parliament an annual report on Single Market integration, assessing the effectiveness of the implementation of the country-specific recommendations, and therefore points out that the assessment could be provided as a contribution to the Annual Growth Surveye nonsense of such integration;
Amendment 26 #
2014/0000(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks for a comprehensive overhaul of the framework for Single Market governance, and a strengthening of the monitoring of the correct, timely and effective application of rules, while systematically taking into account each Member State’s own national interests; stresses the need to use the Single Market as the third pillar of the European Semester in order to cover a clear set of priorities related to the real economy;
Amendment 41 #
2014/0000(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls, furthermore, on the Member States to take more seriously the implementation of the CSRs and to transpose rigorously the EU targets intoin their own targets at national level; considers, therefore, that the Member States should report annually and thoroughly on the implementation of the CSRs;
Amendment 44 #
2014/0000(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the emphasis in the CSRs for 2014 on the importance of removing unjustified restrictions and barriers to entry in the key sectors; urges the Member States concerned to give those recommendations their utmost consideration and, as an immediate priority, to remove these obstacles to the growth of the Single Market while fully respecting their own interests;
Amendment 52 #
2014/0000(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that the Single Market is a keycould be a driver for growth and jobs and has an indispensable role to play in meeting the objectives of the Europe 2020 strategy for smart, sustainable and inclusive growth; notes, however, that this potential remains untapped in many respects;
Amendment 84 #
2014/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that there is a clear need to update EU Single Market rules for the digital era, establishing a single area for online payments, e-invoicing, protecting intellectual property rights and clarifying VAT requirements, in order to generate trust in e-commerce and afford adequate protection to EU consumers online as well as strict confidentiality of their personal data;
Amendment 18 #
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.
Amendment 20 #
2012/0060(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A ‘Buy European Act’ urgently needs to be introduced to give European businesses priority access to European public procurement.
Amendment 21 #
2012/0060(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 22 #
2012/0060(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 25 #
2012/0060(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) If the country concerned is a Party to the WTO Agreement on Government Procurement or has concluded a trade agreement with the EU that includes provisions on public procurement, the Commission should follow the consultation mechanisms and/or dispute settlement procedures set out in that agreement when the restrictive practices relate to procurement covered by market access commitments undertaken by the country concerned towards the Union.
Amendment 29 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices aresult in the loss of substantial trading opportunities lawful and are strategic, sovereign choices made by the countries concerned.
Amendment 30 #
2012/0060(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Directive 2004/25/EU of the European Parliament and of the Council16 contains only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 85 and 86. These provisions have a limited scope and should be replaced. __________________ 16 Directive 2014/25/EU of the European Parliament and of the Council, of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L 94, 28.3.2014, p. 243).
Amendment 33 #
2012/0060(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objectives of improving the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatoryspecific procurement measures or practices and of preserving equal conditions of competition within the internal market require to refer to the non- preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union.
Amendment 43 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and or their contracting authorities and contracting entities should not be ablehave the capacity to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulations considered strategic and in the best interests of the Member State.
Amendment 44 #
2012/0060(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 46 #
2012/0060(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 63 #
2012/0060(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurementwould be appropriate to lay down common rules on the treatment of tenders which include goods and services not covered by the international commitments of the European Union. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the fourth paragraph of Article 5 of the Treaty on European Union,
Amendment 66 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘restriprotective and/or discriminatoryrestrictive procurement measure or practice’ means any legislative, regulatory or administrative measure, procedure or practice, or combination thereof, adopted or maintained by public authorities or individual contracting authorities or contracting entities in a third country, that result in a serious and recurrentvoluntary (temporary or lengthy) impairment of access of Union goods, services and/or economic operators to the public procurement or concession market of that country. , with the aim of promoting its own undertakings in specific economic sectors or with the sovereign aim of ensuring its independence; (This amendment to the definition applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 67 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘country’ means any State or separate customs territory, without such term having implications for sovereignty;